Can the bomber be physically forced to divulge information?

The last essay dealt with whether or not a terrorist bomber could be physically forced to divulge information. The provided scenario fell very close in line with the ticking time bomb theory. In which laws against torture are questioned in a time when one person’s human rights should be forfeited for the sake of social preservation. This topic is becoming prominent and could possibly in the future lead to a change in the international laws on torture however unlikely.

Torture is strictly prohibited by international law, virtue of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 in which it is expressly stated that there is no circumstance where the use of torture is acceptable. Article 3 of the European Convention on Human Rights 1950 (ECHR) stipulates that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ Furthermore the United Kingdom’s legislation provides for torture under Section 134 of the Criminal Justice Act 1988. Therefore by domestic and international law standards the use of physical force would not be permissible.

The case of Gafgen v Germany demonstrated that the authorities have used physical force as a measure to locate an abducted child and it proved effective. However it boils down to ones perception of whether the ends justify the means.

Sharks

Whilst browsing the internet I came across an article titled ‘End of the line for solicitors from hell’, it was apparently about a website that had been put up which contained defamatory information about lawyers and spearheaded as a campaign to expose the wrongdoing in the legal profession.

The High Court however ruled in favor of the Law society and has now placed an injunction on the website.  The representative from the Law society remarks that the website is clouding opinions on professionals who make their living by assisting people. The website has been described as a ‘vehicle’ that has been used to pursue personal grudges and resentment of reputable firms and the legal profession as a whole.

In recent times the reputation of the legal profession has degenerated, often the bud of many jokes demonstrating the lawyer as being one of the most mistrusted professions. This has no doubt arisen from clients feeling unsatisfied by the performance of their lawyers and their failure in delivering promises.

However this could only be a small sect of the legal profession. Yes lawyers sometimes promise exorbitant amounts of money to their clients and demand a hefty fee in return for their services. But clients who seek out such terms will undoubtedly be disappointed.

The founder of the website has agreed to pull down the website by demand of the High Courts and has claimed that he will wait for the next generation to handle the matter.

The legal profession in some of its aspects needs to clear up its name, if websites like this are sprouting up, action must be taken by members of the legal profession in maintaining the professions esteem. Vice Versa for the client, the same rule applies; take the lawyer who is most suitable for the task not the one who promises you the biggest check.

(http://www.lawgazette.co.uk/news/end-line-solicitors-from-hell)

Prisoner Voting Rights

The first group essay focused on the blanket ban on voting imposed by the United Kingdom on prisoners. The major focus was on European law and how it requires the United Kingdom to amend its laws pursuant to the Human Rights Act 1998. The UK disenfranchisement of voting rights for prisoner is derivative of the concept of ‘Civic death’ from the Forfeiture Act 1870. The principal case relied on was Hirst v United Kingdom; which was about a man who was convicted of manslaughter attempting to reclaim his right to vote. The ECHR ruled section 3 Peoples Representation Act 1983 to be incompatible with article 3 ECPHR 1950 protocol 1.

The test used by the courts, disenfranchisement incurred up on the prisoner must have a link with the offense committed by the prisoner for which he had been convicted. The recent cases of Frodl v Austria and Scoppola v Italy (No. 3) both had the ‘Hirst Test’ applied to them and the domestic courts judgments overturned.

In Frodl the ECHR went on to add that disenfranchisement of voting rights for prisoners can be incurred on prisoner who would have committed electoral fraud, or abuse of a public office. 

In Scoppola, the courts held that a violation of article 3 ECPHR 1950 Protocol 1 was committed with Italy’s ‘automatic and indiscriminating restriction on convention rights held to be vital; thus falling outside any acceptable margin of appreciation’.

In Green v United Kingdom the court had applied the ‘Hirst Test’ and established incompatibility and it went on to place a notice of 6 months on the UK to change its current incompatible legislation and adhere to article 3 ECPHR 1950 Protocol 1,the UK’s response is yet to be seen.

Dear Leader

North Korean official records show that the birth of their ‘Dear Leader’ was heralded by a double rainbow and a bright star in the sky. To the rest of the civilized world, Kim Jong Il is the supreme leader of the people’s republic of Korea, of which he assumed power through hereditary succession. 

To the people of North Korea he is a god and also believe that he is the most accomplished natural golfer in history. He spends over $600 000 annually on Hennessy whilst the average annual income of a citizen in North Korea is $1000. The cult like fanaticism that his people have for him extends to them sacrificing their children in a fire to protect his portrait, which can be found in every home in North Korea.

The society is very much based on a social caste system which is establishes the military to be the most superior. The military is under the direct control of Kim Jong Il, and only the high ranking members are revered as the higher echelons of society. The lowest ranking members of society remain in that rank for generations, and are made to do grueling amounts of manual labour.

Free speech and expression are suppressed by the internal surveillance system, which operates using a system of informants. Scattered among the local populace informants could be 1 in every 5 to 10, inducing fear to any citizen who may want to step out of line. For those who dare to question the regime, their fate awaits them in one of many prisons directly run by Kim Jong Il, in which mass executions occur on a daily basis.

The majority of the general populace lives in famine with food shortages, nevertheless the funds are allocated towards nuclear research and other weapons of mass destruction including chemical and biological weapons.

The nation only has one news channel and it is state run displaying only propaganda and misinformation on current events that portray Kim Jong Il as the savior of the world, the most respected man on earth and the most accomplished. For example according to North Koreans they won the 2010 FIFA World Cup, beating Brazil in the finals.

If he were to be tried by the International Criminal Court he would most likely be charged and convicted with genocide, crimes against humanity and war crimes pursuant of Article 5 of the ICC statue. However in the current situation the human rights of the nation are being overlooked by the rest of the world for fear of nuclear weapons, which seems to be what everyone is worried about. Meanwhile millions have died and are dying because of one man’s authoritarian dictatorship and grip on power.

(http://law.bepress.com/cgi/viewcontent.cgi?article=6372&context=expresso&sei-redir=1&referer=http%3A%2F%2Fwww.google.com.my%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dkim%2520jong%2520il%2520legal%2520liability%26source%3Dweb%26cd%3D1%26ved%3D0CBoQFjAA%26url%3Dhttp%253A%252F%252Flaw.bepress.com%252Fcgi%252Fviewcontent.cgi%253Farticle%253D6372%2526context%253Dexpresso%26ei%3DXxbETrrzC8S58gOvvMWJCw%26usg%3DAFQjCNG0K6QFC9AADS4oXDKPNYpcRyxKnw#search=%22kim%20jong%20il%20legal%20liability%22)

(http://news.bbc.co.uk/1/hi/world/asia-pacific/1907197.stm)

(http://www.pbs.org/wgbh/pages/frontline/shows/kim/them/defector.html)


(http://listverse.com/2010/05/30/top-10-crazy-facts-about-kim-jong-il/)

Gypsy Child Beggars

There was a report on the news about children begging in the streets of London. At first child begging in the United Kingdom may seem like a distant thought, if anyone has seen ‘Slumdog Millionaire’ they will most likely associate with children in slums being forced into a life of begging to serve and enrich their syndicate master, nevertheless it continues to thrive .

The report details one Romanian gypsy child who spends nights begging in the cold streets of London, when traced back to his home in Romania the journalist found that child’s family were actually wealthy landlords.  The woman being interviewed enters a fit of rage threatening to beat up the journalist with her husband trying to restrain her.

However this is an important social issue, abusing free movement of persons for the purpose of setting up child begging rings in the United Kingdom. Another report further shows a woman sitting out on the streets with her daughters walking around alone asking people passing by for change.

It turns out though child begging is quite a lucrative business, with children as young as the age four apparently making close to one hundred thousand pounds a year. These child begging rings have been linked to Romanian gypsy gangs, who mind the children and the money they manage to collect.

The children even resort to theft and deceit in order to collect more money, and are evidently well trained in the art of begging.This issue raises a lot of human rights questions, and may in turn result in the United Kingdom to introducing stricter guidance policies for EU residents.

(http://news.bbc.co.uk/panorama/hi/front_page/newsid_9618000/9618872.stm)

(http://news.bbc.co.uk/panorama/hi/front_page/newsid_9618000/9618848.stm)

(http://www.dailymail.co.uk/news/article-2051482/Child-beggars-young-making-100-000-year-gypsy-gangs.html)

Kenya’s military strike on Somali soil justified..?

Whilst searching the internet for various legal matters on which to comment about in this blog, I came upon the news of two foreign aid workers and tourists, who were kidnapped in northern Kenya by Somali militants. Kenya has responded in military action and the issue is currently on going, I decided to write a little about the problem to try to shed some light on the situation and the acts and interests of the individual bodies that are involved.

Somalia; is a country located in eastern Africa on the horn of Africa, previously known as the Somali Democratic Republic under the Authoritarian socialist rule of Major General Mohamed Siad Barre. Somalia has possessed no permanent national government since the end of the dictator’s rule in 1991. (https://www.cia.gov/library/publications/the-world-factbook/geos/so.html)

In retaliation to the kidnappings of the foreign nationals, Kenya has advanced its military forces into southern Somalia pursuing the pair of foreign aid workers. (http://www.bbc.co.uk/news/world-africa-15349597)

The foreign minister of Kenya has accused Al-Shabab of being responsible for the kidnapping of the pair of aid workers who were taken from Dadaab the world’s largest refugee camp reportedly housing around 450,000 people who have fled the famine and conflict in the horn of Africa. Furthermore tourists were abducted from their homes and resorts by Somali militants in the Lamu Archipelago; a holiday paradise and one of Kenya’s most popular tourist destinations. (http://www.bbc.co.uk/news/world-africa-15332410)

This is frightful news as the abduction of aid workers helping refugees cannot be justified and reasoned in any possible way; it is a deliberate act of violence and terrorism. Additionally abducting tourists; a French woman who called Kenya her second home, suffering from cancer, a heart condition and confined to a wheelchair, who sadly passed away shortly after she was abducted (http://www.bbc.co.uk/news/world-africa-15365469). A husband murdered and wife kidnapped at a resort where they were on holiday, none of these brutal acts are logically reasonable.

Al-Shabab is a terrorist organization which controls the majority of southern Somalia, the militant group pledges loyalty to Al-Qaeda and has made declarations of war against the United Nations and Western non-governmental organizations, making it almost impossible for foreign food aid to reach the people suffering from famine and conflict in southern Somalia . (http://www.bbc.co.uk/news/world-africa-15336689)

This has ultimately dealt a major blow to Kenya’s tourism industry, on which it relies, to sustain a large portion of its economy. The tourism industry is vital to Kenya as it contributes to 10% of Kenya’s foreign exchange earnings (http://www.bbc.co.uk/news/world-africa-15237346). There is no doubt that foreign nationals will think twice about going on holiday to Kenya with insurgents kidnapping and murdering them in mind.

The tourism minister of Kenya, Najib Balala said; “This is a threat to our economy, a threat to our peace and stability and a threat to our lives” (http://www.bbc.co.uk/news/world-africa-15237346) in response to Somali pirates abducting tourists .It is evident that Kenya is inferring these heinous crimes with great severity and is retaliating in fold with military action in efforts of protecting its tourism industry and national sovereignty.

 Al-Shabab has blatantly denied its involvement in the kidnappings and has made public a stern warning; stating Kenya must withdraw from Somalia or face ‘bloody battles’. Al-Shabab spokesmen Ali Mahamud Rage has said: “We will defend ourselves. Kenya doesn’t know war. We know war. The tall buildings in Nairobi will be destroyed.”, furthermore “We have fought against governments older and stronger than Kenya and we have defeated them.” (http://www.bbc.co.uk/news/world-africa-15342091) Mr Rage’s message is defensive and bleak; his message is not aimed at diffusing the situation rather to incite further violence into it.

Nevertheless the Kenyan government remains adamant on Al-Shabab’s involvement in the kidnappings and is taking drastic measures to prevent such crimes from occurring on its soil. Whether Kenya’s retaliation is proportionate or not is a matter of opinion, however in the circumstances that they are faced with it is reasonable to say that they should take all necessary measures to safeguard their citizens and foreign nationals from militant groups coming into their territory and committing atrocities.

The Transitional Federal Government (TFG), the current internationally recognized government of Somalia (although they only control a small portion of the country) is attempting to stabilize the nation with the help of foreign aid, a daunting task with famine and conflict ravaging the nation. The government’s main opposition for power being Al-Shabab, who earlier this month were driven out of the capital Mogadishu by TFG forces aided by forces of the African Union Mission in Somalia relieving them of their stronghold. (http://www.bbc.co.uk/news/world-africa-15246093)

A solution must be found to these problems, in a continent like Africa which has a long history of civil war. I can only hope that this conflict reaches a peaceful conclusion and no more innocent lives are lost. Kenya’s step in pursuing the militant groups which are responsible for these crimes is a step forward in raising awareness of the dire situation in Somalia and hopefully will lead to the eradication of militant groups who thrive on the suffering of innocent human beings. Having said this it must be noted that Kenya, in its pursuance of the captured victims, has violated Somalia’s sovereignty. Whether or not Somalia is a Sovereign nation is a topic for another discussion.

 However what results of the conflict remains to be seen.

(Disclaimer: All credit for the news and facts go to the BBC.)

About me

I am currently studying law at Northumbria University, in Newcastle and hope to complete my LLM in International Trade law during this academic year. I hope to one day become a barrister and practice law. I think completing the LLM will bring me one step closer to achieving my goal.

 I am new to blogging this being the first time I have ever blogged. I hope it proves to be an educational experience as blogging is a requirement for the legal research module in the LLM.

 Personally sharing ones thoughts on the internet is quite a daunting task, but I can understand the general concept for why it is a requirement. The legal world is one that is constantly changing much like the real world and therefore the sharing of ideas and expression is essential to forming a solid understanding of its functions and keeping up to date with its changes.

Please feel free to comment on anything I post, whether to clarify a mistake I have made or to add something I have missed.

Happy reading (if you choose to). J