News / Disbelief as court orders France to pay compensation to captured Somali pirates

first_imgBy Gavin van Marle 08/12/2014 “These pirates, in my opinion, gave up any of their rights when they set sail to attack innocent seafarers who were simply doing their essential work”.In its decision, the court said: “On their arrival in France the applicants had been taken into police custody for 48 hours rather than being brought immediately before an investigating judge. There was nothing to justify that additional delay in either of the two cases. The authorities had intervened rapidly after the hostage taking.“Eleven days in the case of Ali Samatar and others and at least eighteen days in Hassan and others had thus passed between the decision to intervene and the applicants’ arrival in France, and the French authorities could have made use of that time to prepare for them to be brought ‘promptly’ before the competent legal authority.”In April 2008 the pirates seized the cruise ship Ponant, taking 30 crew and 20 passengers hostage. A week later the hostages were freed for a $2.15m ransom, while special forces captured six of the pirates on a road outside the pirate port of Garacad, where the vessel had been moored. They were flown to France six days later, and later that year lodged an appeal that their arrest on Somali territory had been unlawful – a claim that was dismissed in Paris and in the ECHR judgement since the Somali government had granted France permission to operate on its territory.In June of the same year, pirates captured the sailing yacht Carre d’As and took its two crew hostage, demanding a ransom of $2m. A French Navy frigate arrived and commandos launched a rescue operation two weeks after the hijacking, during which six pirates were captured and detained on the frigate. They first went before a French judge nine days later.The pirates’ lawyers launched an appeal in Paris, which was dismissed, and then went to the ECHR.Mr Paul added: “I hope that the states in the European Union will look very seriously at this judgement and get it reversed as it is an insult to all in the maritime industry especially as the judgement was made just before a Vietnamese seafarer was murdered by pirates in an attack on board his vessel.” Anti-piracy campaigners have labelled as “repugnant” a judgment handed down late last week in the European Court for Human Rights (ECHR) ordering the French government to pay thousands of euros in compensation to convicted Somali pirates.Nine pirates, who had been captured by French special forces after two French-flagged vessels were hijacked off the Somali coast in April and June of 2008, have won an appeal that they were “deprived of their liberty” in the time it took for the pirates to be transferred to France and placed in front of  a judge.The ECHR ordered France to pay €5,000-€7,270 in damages, as well as €2,000 in legal costs to the pirates, having found that once in French hands – having already been detained for four days and about twenty hours for one set and six days and sixteen hours for the remainder – “had been taken into police custody rather than being brought ‘promptly’ before a French legal authority”.Roy Paul, programme director for Maritime Piracy Humanitarian Response Programme (MPHRP), said, “This decision would be unbelievable if it wasn’t made by the European Court of Human Rights.  The claim that this constituted a ‘violation of their rights to freedom and security,’ is an insult to the seafarers and yachtsmen they attacked as surely this is the true violation of the seafarers’ rights to freedom and security.last_img read more

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Tactical adjudications

first_imgSubscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our community Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Subscribe now for unlimited access To continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Get your free guest access  SIGN UP TODAYlast_img read more

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Law Commission proposes wide-reaching wills overhaul

first_imgOutdated Victorian-era laws surrounding wills need an overhaul, the Law Commission says today in a wide-ranging consultation aimed at bringing the law into step with the modern world. Among its proposals are that the lord chancellor should have the power to make provisions for electronic wills, once technical obstacles are overcome. In a consultation document published today the commission said current laws are failing to protect the vulnerable. For example the law relies on a Victorian mental capacity test involving ’delusions’ of the mind, not reflecting an understanding of conditions such as dementia where mental capacity can be changeable.According to the commission, this differs from the position in the Mental Capacity Act 2005 – the modern test for capacity. The consultation document proposes that the test for mental capacity set out in the 2005 act should be adopted for testators and that the specific elements of capacity necessary to make a will should be outlined in legislation. It is estimated that around 40% of adults dying each year have not made out a will. But even for those who do have a will, the commission said if formal rules are not followed – even when it is clear what someone’s intentions were – people’s dying wishes can sometimes not be acted on.The consultation paper proposes giving courts the power to recognise a will in cases where formality rules have not been followed but where the will-maker has made their intentions clear.Nick Hopkins, law commissioner, said: ‘Making a will and passing on your possessions after you’ve died should be straight-forward. But the law is unclear, outdated and could even be putting people off altogether. Even when it’s obvious what someone wanted, if they haven’t followed the strict rules, courts can’t act on it. And conditions which affect decision-making – like dementia – aren’t properly accounted for in the law.’The consultation document does not go into detail about any proposed changes that may impact the Supreme Court’s ruling earlier this year in Ilott v The Blue Cross and Ors – though a line in the footnotes acknowledges the judgment. However, the law commission does reference the importance of testamentary freedom, which the judgment confirmed.According to the commission, the fact that a testator favours a charity over family and friends is not a ground to ’cast suspicion’ over a will. ‘Such decisions are the expression of testamentary freedom, not an indication that a vulnerable testator has been abused,’ the document states.
The commission is also proposing reforms including;Ditching the term ‘testator’ in favour of ‘will-maker’;Lowering the minimum age for making a will from 18 to 16;Legalising electronic wills – subject to finding a secure way for the testator and witnesses to sign them digitally. The Law Society said the consultation was welcome but that some of the proposals raised ‘challenging questions’.President Joe Egan said: ‘Some of the proposals, such as allowing the court more flexibility when there are harmless errors in a will but the deceased person’s wishes are clear, show immediate promise and are likely to get a positive response from solicitors. Others, such as enabling wills to be made electronically in the future, raise important but challenging questions, especially on how safe electronic wills would be from fraud or undue influence against vulnerable people.’The consultation will run until 10 November 2017.last_img read more

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Football: Twitter reacts to Eden Hazard’s wondergoal against Liverpool

first_imgAdvertisement k06NBA Finals | Brooklyn Vs7pv5Wingsuit rodeo📽Sindre Epd( IG: @_aubreyfisher @imraino ) 9gvkWould you ever consider trying this?😱5q9wCan your students do this? 🌚7coyRoller skating! Powered by Firework Eden Hazard is probably the best forward in the Premier League right now and his stunner against Liverpool last night in the Carabao Cup just validated the point.Advertisement Liverpool were enjoying a winning streak from the start of the season and it all came to an end at the behest of Hazard.Hazard celebrates after scoring the wondergoal.The latest addition to the FIFPro World XI, the Belgian dribbled past three Liverpool players to shoot the ball in the far post of his fellow Belgian national team-mate Simon Mignolet in the 86th minute.Advertisement Here’s the goal:Twitter users lost their mind when Hazard scored the goal against Liverpool and here’s a glimpse of some of the best tweets from fans and former footballers:Just give Hazard what ever he wants #cfc— Bryan (@middleoftheshed) September 26, 2018Hazard asked by Sky what went through his mind for the goal: “I spoke with N’Golo on the bench & he told me he didn’t want to take a penalty, so the only solution was to score!” #cfc— Liam Twomey (@liam_twomey) September 26, 2018Emerson with his first goal for Chelsea, Eden Hazard with his 95th goal for the club! #CFC— CarefreeYouth (@CarefreeYouth) September 26, 2018Jamie Carragher (Ex Liverpool player & life long Liverpool fan)”Eden Hazard was the BEST player at the World Cup and the BEST player in the Premier league”Don’t ever compare Salah to the goat again..— . (@OfficialCheIs) September 26, 2018If Salah could win Puskas for that shit goal against Everton, this Hazard goal deserves a Puskas too. Because it’s even better— Mr. Jack Robinson (@jackdre02) September 26, 2018Chelsea have won at Anfield in any competition for the first time since November 2014.Eden Hazard’s solo goal seals it in style. 🔥 pic.twitter.com/Vw1ihst2c5— Squawka Football (@Squawka) September 26, 2018EDEN HAZARD YOU BEAUTIFUL MAN 😍 #CFC #LIVCHE pic.twitter.com/OdiR2roTZi— Cam (@Cam_Watters) September 26, 2018Great to go through to the next round. What a goal to win the game from @hazardeden10 .Well done lads 🙌👌. pic.twitter.com/rxzBakixkm— Gary Cahill (@GaryJCahill) September 26, 2018Hazard came on and literally took the piss out of us for 20 minutes. Sound.— Matthew Ordish (@MattOrdish) September 26, 2018What a win last night. Half the team didn’t play at all this season yet showed great spirit and determination. Played in a new position and 150 start for @chelseafc What a goal from this brilliant player @hazardeden10 more of it Saturday guys please. 🙏🏻💪🏻 pic.twitter.com/D4AADDFpYe— Cesc Fàbregas Soler (@cesc4official) September 27, 2018After nutmegging Roberto Firmino in the build-up, Hazard swapped passes with Cesar Azpilicueta, cut inside off the right, dashed past a static defence and lashed an unstoppable drive across Simon Mignolet.King @hazardeden10 🔥🔥 pic.twitter.com/6vhBQ2CTO5— Elijah Kuria (@Elijah97Kuria) September 27, 2018Read Also: Hazard turns on the magic as Chelsea edge out Liverpool   Advertisementlast_img read more

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