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India Dispatch: Top judges and political leaders meet to discuss challenges to India’s judicial system – JURIST

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From New Delhi, India’s Chief Correspondent Neelabh Bist reports for JURIST on recent high-level meetings of India’s senior judges and political leaders discussing needed improvements in structure and process of the courts of India… Last week, a conference of the chief justices of India and a joint conference of the chief justices of the Indian states and the chief ministers of the Indian states was held in New Delhi. India, both after a lapse of six years. The recommendations and conclusions reached at the Conference of Presidents of Supreme Courts were taken up at the Joint Conference on Friday. Capacity building, institutional reforms and appointments of high court judges were on the agenda. Chief Justice of India, Justice NV Ramana, urged the higher courts to submit names for promotion in case of vacancies and appreciated their efforts to cooperate for the same since his promotion, which has led to 126 appointments in less than a year. However, there is still a long way to go as there are 5,000 vacancies left at the level of the magistrate courts, while India’s High Courts are operating at only 50% capacity, as highlighted by the Attorney General of India. , Mr. KK Venugopal, at the Supreme Court Bar Association Reception in Honor of Chief Justices. Chief Justice Ramana further highlighted that these vacancies are in turn responsible for the extremely high volume of pending cases at all levels of the judiciary: 40 million before the courts of first instance and 5.8 million before the superior courts. . As a way to ensure that there is a suitable pool to choose from to fill judicial vacancies, the President of the High Court Bar Association, Vikas Singh, urged the High Courts to consider High Court barristers for promotion, who , although it is possible that they are not practicing in said Superior Courts, nevertheless, they are meritorious. At the Joint Conference, the dignitaries present discussed various pertinent topics. During his inaugural speech, the Prime Minister, Mr. Narendra Modi. focused on language and accessibility issues. He stressed the need to promote local languages ​​in court, with the help of which the common man can become part of the justice process, and without which he was excluded because there was no understanding of the system due to the language barrier. . He further suggested that, as in other countries, in India it was necessary to pass simplified versions of the statutes along with the original version, so that the common man could understand the laws that apply to him. In fact, in compliance with it, a Central Government Committee has already been set up. He also highlighted the plight of minor trials (people detained awaiting trial) in the country, most of whom were from poor families, and urged all Chief Justices to address these cases as a matter of priority, with the help of existing committees headed by district judges. Joint Conference of Chief Ministers and Chief Justices of High Courts. https://t.co/P1jsj2N1td— Narendra Modi (@narendramodi) April 30, 2022 Union Law Minister Mr. Kiren Rijuju called on state governments to ensure the safety of judges and court complexes , which is a prerequisite for judges. fulfill their constitutional duties without fear. The Chief Justice of India further clarified that the Chief Ministers of various states had assured him that the necessary judicial security infrastructure would be put in place. In particular, the double security system applicable to the High Courts of Jammu and Kashmir would also be implemented in the district courts. Further, appreciating the importance of the collaborative efforts of the judiciary and the executive to ensure an effective administration of justice system, the Chief Justice of India lamented the role of the executive in adding to the branch’s already burgeoning caseload. judicial. He attributed the causes to non-compliance by various wings of the executive, ambiguous laws, many of which were passed without sufficient debate and discussion, and non-compliance with judicial decisions by the government. The conferences succeeded in shedding light on a myriad of impediments. in the judicial system, as mentioned above. However, as always, the recommendations and resolutions adopted must be proactively implemented on the ground so that the real impact is felt in the system.

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Indonesian parliament passes law to create more provinces in Papua amid fears of government crackdown – JURIST

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The Indonesian People’s Representative Council on Thursday approved legislation to establish three new provinces in the Papua region. The decision was made during the 26th plenary session when all members unanimously agreed to pass three bills that established the new provinces. Currently, the easternmost region of Indonesia is divided into two regions, Papua and West Papua. However, it will now be divided into five provinces. The three new provinces have been named, South Papua Province with Merauke as its capital, Central Papua Province with Nabire as its capital, and Papua Mountains Province with Jaya wijaya as its capital. Ahmad Doli Kurnia Tandjung, Chairperson of the Council Commission, stated that: The purpose of partitioning Papua is to speed up equitable development, speed up the improvement of public services, speed up community welfare and uplift the dignity of the indigenous people of Papua. Papua. Taking into account political, administrative and legal aspects, socio-cultural unity, human resource preparation, basic infrastructure, economic capacity, future developments and aspirations of the Papuan people. Veronica Koman of Amnesty International Australia expressed concern about how the legislation would affect Papuans. She said that by “cutting and dividing Papua into smaller administrative units, [the Indonesian government] hopes to divide and conquer Papuan identity and resistance.”

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German court sentences 101-year-old former Nazi concentration camp guard to 5 years in prison – JURIST

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Germany’s Neuruppin Regional Court in Brandenburg on Tuesday convicted a 101-year-old former Nazi concentration camp guard of 3,518 counts of accessory to murder and sentenced him to five years in prison. Former SS guard Josef Schuetz was indicted for his involvement in the “execution by firing squad of Soviet prisoners of war in 1942” and for operating the gas chambers at the Sachsenhausen concentration camp. Josef denied all the alleged charges and claimed that he worked as a farm laborer near Pasewalk in northeast Germany. However, the court began the trial last year in October. Judge Udo Lechtermann noted that the defendant “voluntarily supported mass extermination” in his role. He further said: The court is satisfied that you worked as a guard in the concentration camp for about three years, despite your claims to the contrary. You saw how deported people were cruelly tortured and killed there every day for three years. Sachsenhausen saw 200,000 people imprisoned, with at least 30,000 deaths. Joseph is considered the oldest person to be convicted of Holocaust crimes. Previously, a 93-year-old former guard was convicted of 5,232 murders and a 95-year-old former field secretary was charged with 10,000 counts of accessory to murder, rulings pending. Joseph can appeal his sentence to the Federal Court of Justice within a week.

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UN Fact Finding Mission reports serious human rights violations in Libya – JURIST

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The UN Independent Fact Finding Mission (IFFM) on Libya reported Wednesday that Libyan authorities have committed crimes against humanity, war crimes and serious human rights violations under international law. The FFM was formed in June 2020 to document human rights violations in Libya and to ensure that those responsible are held accountable. FFM conducted 103 interviews with victims and witnesses during its investigation. FFM documented 27 places of detention in the eastern and western parts of Libya and reported that migrants were subjected to the “systematic use of prolonged arbitrary detention”, including the detention of thousands of migrants in secret and extra-legal prisons. The report highlights the atrocities of women facing sexual violence by human smugglers and smugglers for extorting money from their families and documents more cases of rape in places of detention or captivity in which migrant women are forced to have sex. to survive, in exchange for food or other essential goods. articles.FFM with the use of UNOSAT satellite image-based analysis documented the atrocities during the reign of the Al-Kaniyat militia in Tarhuna, Tripolitania region, and reported the discovery of new uncovered mass graves.Mohammad Aujjar, president of the FFM He said: The mission calls on the international community to support the relevant Libyan authorities in conducting prompt investigations, in accordance with international standards, into the alleged violations and bringing those responsible to justice. The goal is to end the prevailing impunity in the face of clear and persistent patterns of serious human rights violations, in many cases perpetrated by militia groups… Now more than ever, the Libyan people need a strong commitment to help bring peace and justice to his country, and establish a state based on the rule of law and human rights. The FFM published its first report on Libya in October 2022, and then published a follow-up report in March 2022.

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