Tag Archives: Justice

Ankara requests extradition of Kurdish politician

Ankara has officially requested the extradition of  the former Syrian Kurdish PYD leader Saleh Muslim from the Czech Republic, Turkey’s government spokesman said on after authorities arrested Muslim in Prague a day earlier.

Speaking during an interview with broadcaster NTV, Bekir Bozdag said Turkey’s justice ministry had delivered the extradition request to Czech authorities and added Saleh Muslim would appear in court on Monday.

French prisons cells as hotel rooms?

This week announcement of the minister of justice Nicole Belloubet of telephone installations in each of the 50,000 cells in the 178 prisons in France, in a bid to slash the growing use of forbidden mobile phones and internet-connected smartphones, raises indignation among politicians. (Image: illustration)

“Do you find it is normal, that when you rape, when you kill, you will have telephone? Do you find it is normal that prisons will be like hotels? I don’t accept it. If they don’t change it,  tomorrow police will attacked even more” – warned Nicolas Dupont-Aignan, the former candidate in presidential elections, pointing that the aim of fighting the illegal cell telephones in prisons will have ill effects.

“I’m indignant” – continued Nicolas Dupont-Aignan, the leader of Debout La France (DLF) party. He added that there are rural areas in France where there is no telephone communication, but the criminals in prisons will have telephones due to project of the minister.

‘When I see it, I ask myself if I’m in country of insane, I ask myself if in the ministry of justice there are insane?!” – Nicolas Dupont-Aignan exclaimed during interview with  France2 TV channel.

“Prison is not the Club Med! What is next? Subscription to Chanal+ for cinematographic culture?!” – tweeted Member of the European Parliament Renaud Muselier (Le Républicains (LR) party), addressing his message to the minister of Justice Nicole Belloubet. “We are awaiting the restoration of the authority of the State and severe punishment of criminals!”

 

 

According to Minister Belloubet project, prisoners will have free access to the phones 24/7, but will only be able to call up to four outside numbers that have been authorised beforehand.
The roll-out comes after a successful trial at the Montmédy prison (Meuse), which reported prisoners use their allotted calling numbers regularly.
During the trial, the use of prohibited mobile phones decreased by 30%; a percentage that was also helped by the seizure – in the first trimester of 2017 – of 200,000 mobile phones, SIM cards and chargers.

Previously, the deprivation of the contacts with the close ones, family and friends was considered as a part of punishment, the notion started to evade in times of cell phones, and smart phones.

Commission starts procedure against Poland

The European Commission launched an infringement procedure against Poland by sending a Letter of Formal Notice, following the publication in the Polish Official Journal of the Law on the Ordinary Courts Organisation on Friday 28 July. The Polish authorities have one month to reply to the Letter of Formal Notice.

The Commission’s hand is still extended to the Polish authorities, in the hope of a constructive dialogue.” –  said the First Vice-President Frans Timmermans in a letter to the Polish Minister of Foreign Affairs reiterating the invitation to him and the Polish Minister of Justice for a meeting in Brussels at their earliest convenience in order to relaunch the dialogue. Formal Notice requests the Polish Government to reply within one month. After examining Poland’s reply, or if no observations have been submitted within the prescribed time-limit, the Commission may issue a Reasoned Opinion, the second stage of the infringement procedure.

The Commission’s key legal concern identified in the law on the organisation of ordinary courts relates to the discrimination on the basis of gender due to the introduction of a different retirement age for female judges (60 years) and male judges (65 years). This is contrary to Article 157 Treaty on the Functioning of the European Union (TFEU) and Directive 2006/54 on gender equality in employment.

In the Letter of Formal Notice, the Commission also raises concerns that by giving the Minister of Justice the discretionary power to prolong the mandate of judges who have reached retirement age, as well as to dismiss and appoint Court Presidents, the independence of Polish courts will be undermined (see Article 19(1) of the Treaty on European Union (TEU) in combination with Article 47 of the EU Charter of Fundamental Rights).

The new rules allow the Minister of Justice to exert influence on individual ordinary judges though, in particular, the vague criteria for the prolongation of their mandates thereby undermining the principle of irremovability of judges. While decreasing the retirement age, the law allows judges to have their mandate extended by the Minister of Justice for up to ten years for female judges and five years for male judges. Also, there is no time-frame for the Minister of Justice to make a decision on the extension of the mandate, allowing him to retain influence over the judges concerned for the remaining time of their judicial mandate.

The Commission’s hand is still extended to the Polish authorities, in the hope of a constructive dialogue.” –  said the First Vice-President Frans Timmermans sent a letter to the Polish Minister of Foreign Affairs reiterating the invitation to him and the Polish Minister of Justice for a meeting in Brussels at their earliest convenience in order to relaunch the dialogue. As Timmermans underlined in the context of the Rule of Law dialogue. Formal Notice requests the Polish Government to reply within one month. After examining Poland’s reply, or if no observations have been submitted within the prescribed time-limit, the Commission may issue a Reasoned Opinion, the second stage of the infringement procedure.

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