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Jailed Catalan separatists pledge to eschew unilateral moves
Court and Trial | 2018/01/05 02:36
Three backers of Catalonia's independence sought Thursday to get released from jail for their role in the region's push to break from Spain, which triggered the country's worst political crisis in decades.

Former Catalan interior minister, Joaquim Forn, Jordi Sanchez, a member of pro-independence civic group National Catalan Assembly, and Catalan activist Jordi Cuixart made their cases to a Spain Supreme Court judge. A ruling from Judge Pablo LLarena is not expected Thursday.

Forn was one of several regional ministers jailed on provisional charges of rebellion after the regional parliament unilaterally — and unsuccessfully — declared Catalonia an independent republic Oct. 27.

The action prompted the Spanish government in Madrid to remove the region's government from office, dissolve the parliament and call a fresh election that was held last month.

Sanchez and Forn were elected on separatist party tickets, but the Spanish government still is running Catalonia.

Sanchez and Cuixart had been jailed earlier on provisional sedition charges related to preparations for an Oct. 1 independence referendum, which Spain's Constitutional Court had suspended.

All three supporters of Catalan independence told the judge they would oppose further unilateral moves to secede and act in accordance with Spanish law, according to lawyers familiar with the proceedings.

The lawyers requested anonymity because they weren't authorized to discuss what was said during the closed-door hearings.

The lawyers said Sanchez acknowledged that the Oct. 1 referendum was not legally valid. Forn, who as interior minister oversaw Catalonia's security and its regional police, said he would not accept the post again, if he were asked to.

Developments surrounding Catalonia have gripped Spain for months, and the tumult is showing no sign of letting up before the new parliament's first session on Wednesday.




Greece to limit Sharia law after European Court challenge
Court and Trial | 2018/01/01 02:36
Lawmakers in Greece are set to limit the powers of Islamic courts operating in a border region that is home to a 100,000-strong Muslim minority.

Backed by parliament's largest political parties, the draft law is set to be voted on later Tuesday. The proposal aims to scrap rules dating back more than 90 years ago and which refer many civil cases involving members of the Muslim community to Sharia law courts. The new legislation will give Greek courts priority in all cases.

The changes — considered long overdue by many Greek legal experts — follow a complaint to the Council of Europe's Court of Human Rights over an inheritance dispute by a Muslim woman who lives in the northeastern Greek city of Komotini.

Legislation concerning minority rights was based on international treaties following wars in the aftermath of the Ottoman empire's collapse. The Muslim minority in Greece is largely Turkish speaking. Minority areas were visited last month by Turkish President Recep Tayyip Erdogan.

Greek governments in the past have been reluctant to amend minority rights, as many disputes between Greece and Turkey remain unresolved.

Currently, Islamic court hearings are presided over by a single official, a state-appointed Muslim cleric.

In parliament Tuesday, Constantine Gavroglou, minister of education and religious affairs, praised opposition party support for the bill.




Court calls on jailer to resign; cites poor conditions
Court and Trial | 2017/12/28 02:37
A court in Kentucky has called for a county jailer to resign, citing several recent incidents at the jail that include what the court viewed as substandard living conditions, along with multiple escapes and overdoses.

Judge-Executive Steve Towler and county commissioners approved a resolution requesting that Boyd County Jailer Joe Burchett step down, the Independent reported Wednesday. Burchett was not present at the meeting. He is an elected official, so he can't be fired.

"The jailer shall have the custody, rule and charge of the jail in his county and must keep the jail comfortably warm, clean and free from nauseous odors," the resolution states. "There have been numerous incidents over the past several months evidencing the current Boyd County jailer's failure to adhere" to those requirements.

The incidents have created a threat to personal safety and security for county residents, Towler said.

Commissioner John Greer said he hoped that Burchett would "see the light and retire," but he noted that it is "totally his decision."

Four maximum-security prisoners escaped from the jail on Dec. 28. Two of the four inmates have been captured.

Last month, Boyd Commonwealth's Attorney Rhonda Copley announced the existence of an investigation into possible malfeasance by Burchett. Malfeasance is a misdemeanor charge. Under state law, if any elected county official is convicted of the charge, that person's office would be declared vacant.



Illinois to require veterans courts across the state in 2018
Court and Trial | 2017/10/30 00:09
A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1.

The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment.

Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies.

Supporters say the program will help those who risked their lives for their country.

Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy.

"I finally find myself enjoying things in life I've never enjoyed before," he said.

But some wonder if every community has the resources or the need for a court dedicated to veterans.

Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide.

"We know that it may not be cost-effective for every county in the state to have one," she said.

Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton.

The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois.


Brazilian court revives case against Olympian Ryan Lochte
Court and Trial | 2017/10/29 00:10
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.

"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."

Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.




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