Archive for ‘judge’

29/08/2019

Tolstoy’s War and Peace lands India activist in trouble

Books by Leo Tolstoy, incuding 'War and Peace', are among titles featured at City Lights Bookstore in San Francisco, California.Image copyright GETTY IMAGES

Leo Tolstoy’s War and Peace is in the news in India after a judge asked an activist to explain why he had a book “about war in another country”.

Vernon Gonsalves had appeared in the high court in Mumbai city on Wednesday for a hearing on his bail plea.

The judge’s question sparked a flurry of tweets, with users both outraged and bemused by it.

Five activists, including Mr Gonsalves, were arrested in August 2018 in connection with caste-based violence.

Police raided and searched their homes at the time and submitted a list of books, documents and other belongings to the court. The public prosecutor told the court that police had found “incriminating evidence” in Mr Gonsalves’ home, including “books and CDs with objectionable titles”.

“Why were you having these books and CDs at your home? You will have to explain this to the court,” the judge told Mr Gonsalves.

He also pointed out a CD titled Rajya Daman Virodhi or “in protest against state oppression” saying, “The title itself suggests it has something against the state.”

Police said that all five activists incited Dalits (formerly untouchables) at a large public rally on 31 December 2017, leading to violent clashes that left one person dead. They accused them of “radicalising youth” and taking part in “unlawful activities” which led to violence and showed “intolerance to the present political system”.

The arrests had been criticised by many at the time who saw them as an attack on free speech, and even a “witch hunt” against those who challenged the governing Bharatiya Janata Party (BJP).

So the judge’s question quickly made news and War and Peace was soon trending on Twitter.

The tweets ranged from jokes to shock over the state of India’s judiciary.

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Others wondered how they would fare in a courtroom given what’s on their bookshelf, and some have issued a call out asking people to share books from their own “subversive” collection.

Source: The BBC

04/03/2019

Huawei’s Meng Wanzhou sues Canada authorities over arrest

Huawei's chief financial officer Meng WanzhouImage copyrightREUTERS
Image captionMeng Wanzhou’s arrest has strained relations between China, and Canada and the US

The chief financial officer of China’s tech giant Huawei is suing Canada over her arrest at the request of the US.

Meng Wanzhou was held in December at Vancouver airport on suspicion of fraud and breaching US sanctions on Iran.

On Friday Ms Meng filed a civil claim against Canada’s government, border agency and police for “serious breaches” of her civil rights.

It came on the same day that Canada officially launched Meng Wanzhou’s extradition process to the US.

China has attacked Ms Meng’s arrest and the extradition process as a “political incident”. She denies all the charges against her.

What does Ms Meng’s lawsuit say?

Ms Meng’s claim – filed in British Columbia’s Supreme Court on Friday – seeks damages against the Royal Canadian Mounted Police (RCMP), Canadian Border Services Agency (CBSA) and the federal government for allegedly breaching her civil rights under Canada’s Charter of Rights and Freedoms.

She says CBSA officers held, searched and questioned her at the airport under false pretences before she was arrested by the RCMP.

Meng Wanzhou's property in VancouverImage copyrightREUTERS
Image caption
Ms Meng has a property in Vancouver and is currently out on bail

Her detention was “unlawful” and “arbitrary”, the suit says, and officers “intentionally failed to advise her of the true reasons for her detention, her right to counsel, and her right to silence”.

Where are we in the extradition process?

Ms Meng, 47, will next appear in court on Wednesday, when it will be confirmed that Canada has issued a legal writ over her extradition to the US. A date for an extradition hearing will be set.

But this is still the early stages. A judge must authorise her committal for extradition and the justice minister would then decide whether to surrender her to the US.

There will be chances for appeal and some cases have dragged on for years.

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The Meng Wanzhou case – how did we get here?

  • 1 December: Ms Meng, the daughter of Huawei’s founder, is arrested while changing planes at Vancouver airport
  • 7 December: Ms Meng first appears in court in Vancouver, where it is revealed she is accused of breaking US sanctions on Iran. China demands her release
  • 10 December: Canadian citizens Michael Kovrig and Michael Spavor are arrested in China
  • 11 December: Ms Meng is released on bail
  • 28 January: US formally charges Ms Meng with fraud and Huawei with circumventing US sanctions on Iran and stealing technology from T Mobile
  • 2 March: Canada says Ms Meng’s extradition can move forward but the process is expected to be long
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What is Huawei accused of?

The US alleges Huawei misled the US and a global bank about its relationship with two subsidiaries, Huawei Device USA and Skycom Tech, to conduct business with Iran.

US President Donald Trump’s administration has reinstated all sanctions on Iran removed under a 2015 nuclear deal and recently imposed even stricter measures, hitting oil exports, shipping and banks.

It also alleges Huawei stole technology from T Mobile used to test smartphone durability, as well as obstructing justice and committing wire fraud.

In all, the US has laid 23 charges against the company.

Some Western nations are reviewing business with the firm over spying concerns, although Huawei has always maintained it acts independently.

How has China reacted?

Media caption – Huawei founder Ren Zhengfei on the arrest of his daughter

The arrest has seriously strained relations between China, and the US and Canada.

Beijing says it is an “abuse of the bilateral extradition treaty” between Canada and the US, and has expressed its “resolute opposition” and “strong dissatisfaction” with the proceedings.

China also says the accusations against Huawei, the world’s second biggest smartphone maker by volume, are a “witch-hunt”.

Two Canadian citizens are thought to have been detained in China in retaliation for the arrest.

China and the US are also engaged in tough trade negotiations to end a major tariff dispute.

Source: The BBC

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