Category: Justice

  • Syria army presses fight near Damascus despite truce

    {Rebels fighting under the Free Syrian Army banner in Wadi Barada warn the fragile ceasefire is in danger of collapse.}

    Syria’s army advanced on Monday as it battles to capture a rebel region that is key to the capital’s water supply, launching air strikes and artillery fire that threatens a fragile nationwide truce.

    The ceasefire brokered by ally Russia and Turkey, which backs the opposition, is now in its fourth day, despite sporadic violence and continued fighting in the Wadi Barada area near Damascus.

    “Regime forces and fighters from Lebanon’s Hezbollah group are advancing in the region and are now on the outskirts of Ain al-Fijeh, the primary water source in the area,” said Rami Abdel Rahman, director of the UK-based Syrian Observatory for Human Rights monitor.

    He said government troops and allied fighters were engaged in fierce clashes with rebels, including from the former al-Qaeda affiliate now known as Jabhat Fateh al-Sham.

    The monitor said government forces were carrying out air strikes and artillery fire on the area, northwest of the capital, but reported no casualties.

    Wadi Barada has been surrounded by government forces since mid-2015, but the siege was tightened in late December as the army piled on pressure seeking to secure a “reconciliation” deal.

    It has won several of these deals in opposition areas around the capital, offering safe passage to surrendering rebels in return for retaking territory.

    The opposition criticises them as a “starve or surrender” tactic.

    As the fighting stepped up in the area, Syria’s government said rebels targeted key water infrastructure, causing leaking fuel to poison the water supply and then cutting it off altogether.

    The United Nations says at least four million people in Damascus have been without water since December 22.

    The Syrian Observatory said about 1,000 civilians – all of them women and children – fled the fighting in Wadi Barada over the weekend, moving to other parts of the province.

    The violence threatens the delicate truce that came into force last week and is intended to pave the way to new peace talks in Kazakhstan later this month.

    Four civilians and nine rebels have been killed since the truce began, but officially it is still holding.

    In a statement, rebels fighting under the Free Syrian Army banner in Wadi Barada warned the truce was in danger of collapse.

    “We call on the sponsors of the ceasefire agreement to assume their responsibility and pressure the regime and its allied militias to stop their clear violation of the agreement,” the statement said.

    Otherwise, they warned, “we will call on all the free military factions operating inside Syria to overturn the agreement and ignite the fronts in defence of the people of Wadi Barada”.

    The statement said Wadi Barada was included in the deal brokered by Moscow and Ankara and accused the regime of violating the agreement.

    The ceasefire deal, and the plan for new talks, received the unanimous backing of the UN Security Council on Saturday, despite offering a competing track to UN-sponsored negotiations.

    Turkey and Russia are organising the talks in Astana along with ally Iran, and say they are intended to supplement, not replace, UN-backed negotiations scheduled to resume in February.

    Despite backing opposite sides in Syria’s conflict, Ankara and Moscow have worked closely in recent months on the war, brokering a deal to evacuate civilians and surrendering rebels from Aleppo last month before the regime recaptured the northern city in full.

  • Equatorial Guinea’s VP Obiang on trial in France

    {Equatorial Guinea’s flamboyant vice-president has gone trial in absentia in France on charges of corruption after he failed to stop the landmark case.}

    Teodorin Obiang Nguema is accused of buying a mansion and sports cars in France with a fortune amassed from oil-rich Equatorial Guinea’s public funds.

    A lawyer for Mr Obiang, the president’s son, denies he is a “big-time bandit”.

    The trial is the first since France started investigating African leaders accused of illegally acquiring wealth.

    It comes after a nearly decade-long campaign by anti-corruption groups demanding that France act against leaders suspected of stashing their “ill-gotten gains” in Europe.

    Mr Obiang’s six-storey Paris villa, estimated to be worth more than $100m (£80m), is located on Avenue Foch, in one the most prestigious neighbourhoods of the French capital.

    It boasts a cinema, spa, hair salon and taps covered in gold leaf, AFP news agency reports.

    Mr Obiang’s lawyer, Emmanuel Marsigny, asked the court to delay the trial, saying he needed more time to prepare his client’s defence.

    “Believe me, Mr Nguema is not a big-time bandit. He just wants his rights observed,” the Associated Press news agency quotes Mr Marsigny as saying.

    Corruption watchdog Transparency International’s lawyer William Bourdon told the court that the trial should proceed and the defence was trying to “paralyse” the judicial system through “opportunistic” and “malicious” manoeuvres, AP reports.

    {{Malibu mansion}}

    The West African state’s government launched a bid at the International Court of Justice to prevent the trial from going ahead, arguing Mr Obiang had diplomatic immunity.

    The United Nations’ court turned down the request last month.

    In November, Swiss authorities seized 11 cars belonging to Mr Obiang, accusing him of money-laundering.

    Among them was reportedly a Porsche valued at more than $830,000 and a Bugatti Veyron which sells for $2m.

    In 2014, Mr Obiang agreed to surrender a Malibu mansion, a Ferrari and Michael Jackson memorabilia as part of a settlement with US authorities.

    The US had filed claims against his US-based assets worth more than $70m, alleging they were proceeds of corruption.

    Equatorial Guinea, a small country on the west coast of Africa, struck oil in 1995 but most of its population still lives in poverty.

    Its President, Teodoro Obiang Nguema, is Africa’s longest serving leader.

    He seized power in 1979, and promoted his son to the post of vice-president in 2012.

    Mr Obiang has always said that “he earned the money legally in his country,” Mr Marsigny told AFP.

    The vice-president is a collector of Michael Jackson memorabilia and luxury cars
  • Court to hear Sonarwa case on loss of Rwf191m in January

    {The court hearing of the case involving former executives of Sonarwa, has been set for January 12, 2017.}

    The former managing director of Sonarwa, Mawadza Nhomo, a Zimbabwean national and the company’s chairperson board of directors, Charles Mutsinzi Karake, were arrested early this year, for allegedly authorising illegal financial transactions to a tune of Rwf191 million.

    The two were accused along with four others, Hubert Rumanyika, Stevenson Nzaramba, Gerard Mbabazi and Barnabas Rutagwabira, some of whom are insurance agents.

    Information from the prosecution at the time of the arrests indicated that the accused got involved in a dubious tendering process to give insurance cover to a fleet of cars belonging to the Ministry of Infrastructure.

    The insurance agents, Mbabazi and Rutabingwa, were accused of using fake documents in bidding for insurance contracts and taking a bribe from the deal, which they called commission.

    Prosecution said, by virtue of Mininfra being a public entity, no commission was supposed to be paid on the transaction.

    The embattled managing director and the board chairperson have since resigned from their posts at Sonarwa, with the company now doing its best to distance itself from them, in a bid to salvage its name.

    “It is an individual case, it does not involve the company, you can talk to his lawyers, he is no longer working at Sonarwa, he resigned from his position,” said Arian Irakoze, the legal officer at Sonarwa, when asked to comment.

    “The chairman of the board also resigned, the lawyers of Sonarwa are not involved in the case, for more information talk to the acting managing director, I am not in position to comment further,” Ms Irakoze said.

    Sonarwa, the oldest insurance company in the country, established in 1975, has recently come under fire with multiple lawsuits, and unpaid customer claims, among which included garage owners. In 2008, a Nigerian firm acquired a 35 per cent stake in the company, effectively becoming the majority shareholder.

    Some of the suspects in the case have already appeared before court in Gasabo District.

    The accused had earlier applied for bail, which was subsequently denied by the high court, saying the reasons given were not convincing for them to get bail.

    Although there has been some relative growth and stability, the times don’t look good for the insurance sector, which has got new entrants in the last few years.

    Outstanding insurance claims have been growing over the past few years, data from central bank shows by December 2013, the sector had debts worth Rwf13 billion, this grew to Rwf16 billion in 2014, Rwf17 billion in 2015, and Rwf22 billion by September.

    “Some issues have come to our attention from various insurance companies, some are technical, some involve unpaid claims, mismanagement, some are contractual, while others are fraud cases, we have put up committees to work on the cases” said Jean Pierre Majoro, the executive secretary of the insurance association in Rwanda.

    Sonarwa offices in Kigali. The firm, the oldest insurance company in Rwanda, has recently come under fire with multiple law suits.
  • Egypt sentences two to life for Red Sea hotel attack

    {Egypt Sunday sentenced to life two men linked to the Islamic State group for plotting an attack on a Red Sea resort hotel during which three tourists were hurt, a court official said.}

    The men armed with knives stormed the restaurant of the Bella Vista hotel in Hurghada last January as tourists were having dinner, slightly wounding an elderly Austrian couple and a Swedish tourist.

    No one claimed responsibility for the attack, during which police shot dead one of the assailants, Mohamad Hassan Mohamed Mahfouz, and wounded the other, Mohamed Magdy Abul Kheir.

    The prosecution said that the pair had plotted the attack along with fellow Egyptian Ahmad Abdel Salam Mansour, identified as an Islamic State group jihadist based in Syria where IS is active.
    The court official, who spoke on condition of anonymity, said that Abul Kheir was present in court for the verdict while Mansour was sentenced to life in absentia.

    According to the prosecution, Mansour incited the other two to carry out attacks against tourists in Hurghada and to join the IS jihadist group.

    The IS Egyptian affiliate is waging an insurgency in the north of the Sinai Peninsula that has killed hundreds of policemen and soldiers.

    The jihadists have claimed attacks on other targets in Egypt, including a bomb attack on a Cairo church this month that killed 27 people.

    IS said it is also behind the October 2015 bombing of a Russian airliner carrying holidaymakers from the Sharm el-Sheikh Red Sea resort, an attack that killed all 224 people on board and that crippled Egypt’s tourism industry and economy.

  • Uganda:Detained CMI officer runs to court for release orders

    {Captain Kibuuka was arrested together with his escort Pte Michael Drobiri on November 28 from Kampala Central Police Station.}

    Detained UPDF officer attached to the Chieftaincy of Military Intelligence (CMI) has asked court to direct Police authorities to unconditionally release him citing violation of his constitutional rights.

    In the application filed before the Chief Magistrates Court at Buganda Road, Captain Trevor Kibuuka, an intelligence officer in the Special Investigations Department of the CMI alleges that police have detained him beyond 48 hours without being charged before competent courts or being granted bond.

    Captain Kibuuka was arrested together with his escort Pte Michael Drobiri on November 28 from Kampala Central Police Station (CPS) then transferred to Nalufenya Police Station in Jinja where he spent 18 days before he was returned to Kampala on December 20.

    According to court documents, Captain Kibuuka was arrested jointly with two informers, Moses Kibuuka and Simon Mujumbi in connection with an investigation he was conducting into illegal selling of firearms.

    Both Kibuuka and Mujumbi were released on Tuesday afternoon on Police bond. All then accused persons were arrested on alleged suspicion of illegal procurement of government stores.

    “…That my statements were recorded in respect of the matters under investigations long ago since my arrest as is handed at CPS, CID department but to my surprise, the commandant of Flying Squad keeps intervening every time, I am to be granted bond or be released,” he says in the affidavit sworn before court.

    Last week, the Commandant of the Police Flying Squad, Mr Herbert Muhangi said Captain Kibuuka was being detained over involvement in a ‘serious crime.’

    “We are trying to investigate the matter very fast so that we can either release or take him to court,” Mr Muhangi said in a telephone interview in response to an appeal to authorities for justice in the matter.

  • Kenya:’Presidential aspirant’ to appear in court over Sh5m deposit

    {A man who recently announced his bid for the presidency in 2017 is set to appear before a Nairobi court today over a Sh5-million deposit.}

    Mr Cliff Odolo Mboya was arrested on Friday and held at the Kileleshwa Police Station over the weekend over Sh5 million that was deposited into his bank account.

    Authorities have raised queries over the source of the funds deposited into his Housing Finance bank account in January.

    He will be charged before a Milimani courts on Monday, police sources at the station told the Nation.

    But Mr Mboya has now written to Housing Finance Group, where the funds were deposited, to protest his innocence.

    {{ABNORMAL DEPOSITS}}

    “Why did your bank not query the source of this money when it hit my account in January 2016?” he asks in a letter dated December 17 and addressed to HFC Managing Director Frank Ireri.

    “I believe banks are supposed to inquire about any abnormal deposits, especially transactions above Sh1 million.”

    He said that he was not stopped from withdrawing “severally” from the account when he started drawing funds from September, eight months after receiving the money.

    “I am a businessman and during the time the money came to my account, I was expecting Sh10 million from Mr John Abei from South Sudan who wanted me to invest the money from him,” he says in his letter.

    {{SH10 MILLION}}

    “When the Sh5, 004,993 came in, I knew it was part of the Sh10 million I was expecting.”

    Mr Mboya further asked the institution to intervene in the ongoing court case or he will ‘seek to reclaim my tarnished image even if it means going to court.”

    “Why now? It is only two weeks ago when I declared my interest to vie for the presidency of Kenya. Is this part of a big conspiracy to stop me from exercising my birth right to vie for the presidency of Kenya?” he asked.

    Mr Mboya had recently said he planned to run for the presidency on an anti-corruption stance, saying that politicians should brace for tough times in his administration.
    {{
    TOUGH STANCE}}

    He promised to push for a law that would see corruption attract the death penalty.

    He has also announced that he will move the capital city from Nairobi to Isiolo to “as proposed in the vision 2030 agenda.”

    He also wants Cabinet secretaries nominated before even the elections in what he said would offer a full scrutiny of the government before assuming office.

    In the current system, CSs are nominated after the elections with the approval of the National Assembly.

    Kenyan Sh1000 currency notes. Authorities have queried Sh5m deposit into Mr Mboya's account.
  • Tunisian court okays marriage of pregnant 13-year-old

    {A Tunisian court has approved the marriage of a 13-year-old girl to a relative who made her pregnant, an official said Tuesday.}

    The judgement triggered anger from non-governmental organisations which said the girl had been raped.

    The girl, from the northwestern region of Kef, had a sexual relationship with the brother of her brother-in-law.

    She was 13 years and 11 months old and “was not raped”, said Chokri Mejri, the court official.

    “We interviewed the girl and after verifying all the details, we considered her fit for marriage. As proof, she is pregnant,” he said.

    Under Tunisian law, sex with a girl under 15 without the use of force is punishable by six years in prison, but the culprit can halt proceedings by marrying the victim.

    “The two families demanded marriage to avoid a scandal,” Mejri said.

    The court gave its green light on December 1 and the marriage agreement was signed on December 5, he said.

    A wedding party had been planned for Sunday but was cancelled after the government’s child protection office called for the marriage to be annulled.

    “When it’s a 13-year-old child, we can’t talk of a sexual relation with consent. It’s a rape,” the agency’s representative Houda Abboudi said.

    “The court’s decision didn’t take into account the interests of this child… who will marry her rapist,” she said.

    The Tunisian Association of Democratic Women (ATFD) rights group said the decision was “scandalous”.

    “Judges think that at the age of 13… she can give consent,” said ATFD head Monia Ben Jemia.

    “At 13 years old, one can’t give free and enlightened judgement, especially since there is no sex education at school,” she said.

    Tunisia is viewed as being ahead of most Arab countries on women’s rights.

    A bill to counter violence against women, proposed in 2014, is still waiting to be discussed in parliament.

    A Tunisian court has approved the marriage of a 13-year-old girl to a relative who made her pregnant, an official said on December 13, 2016.
  • Uganda:Report holds Museveni liable for JSC poor work

    {The JSC receives an average of 10 complaints everyday but sits only twice a month given its part-time nature. Only the chairperson is a full-time employee.}

    A new report has blamed President Museveni for the huge case backlog choking the Judicial Service Commission (JSC) with a staggering 780 complaints reported by court users against judicial officers and only 106 cases having been concluded by the end of 2014/15 financial year.

    The report is titled, “Watching the Watchdog: A critical look into Judicial Service Commission’s complaints handling mechanism.”

    The JSC receives an average of 10 complaints everyday but sits only twice a month given its part-time nature. Only the chairperson is a full-time employee.

    Mr Museveni is also blamed for dragging his feet in respect to appointment of the commission members whenever the term of the outgoing team expires.

    “The delays in appointment of the JSC by the President, lasting up to six months plays a contributory role to undermining the handling of cases and buildup of case backlog. For six months, for instance, the commission’s hands were tied as the President dragged his feet on appointment of a new team to steer the commission while the public continued to send complaints,” the report states.

    This was the case in 2012 when the President appointed the Justice James Ogoola-led commission after a 14- month inexplicable and inexcusable delay. The Ogoola commission is remembered for standing its ground when Mr Museveni, in contravention of the constitutional requirement for then Chief Justice Benjamin Odoki, reappointed him, sparking a deadlock as legislator Gerald Karuhanga petitioned the Constitutional Court. The court ruled Mr Museveni out of order and thwarted Odoki’s return to the office.

    In an interview, in the report, Mr Kagole Kivumbi, the secretary of the commission, reveals how the JSC received funds from the Justice, Law and Order Sector this year to facilitate the hearing of complaints but the money remained idle as the President had not appointed the new commission now led by Justice Benjamin Kabito. Mr Museveni also asked JSC to hike the sitting allowance of the commissioners from Shs140,000 to one million per sitting but, Ms Cissy Kagaba, the ACCU executive director, says: “We seem to be fattening the bull but it is not ploughing more. How does one explain the case backlog staying at unbearable levels despite improved budget allocation and allowances for the commission? Are we getting value for money? No.”

    The commission’s mandate, the report notes, “In practical terms, seems to start and end with the lower judicial officers (grade 2, grade 1 and chief magistrates) to the extent that when it comes to justices of the High Court, Court of Appeal and Supreme Court, the commission has to write to the President calling for a tribunal to start proceedings against the judge.”

    The last time this happened was in the case of now retired High Court judge Anup Choudry Singh when Uganda Law Society petitioned the JSC to retract his appointment over ethical issues during his previous legal practice in the UK.

    The JSC asked the President to take action but the process was thwarted when the Constitutional Court ruled in Singh’s favour. Since then, the report states, “five complaints have been received against High Court judges, one against a Court of Appeal justice and none against Justices of the Supreme Court.”

    While still in Luzira prison this year, Opposition icon, Dr Kizza Besigye of Forum for Democratic Change party, petitioned the JSC to probe and take action against deputy Chief Justice Steven Kavuma accusing him of bias and playing ball with the ruling NRM party whenever issues concerning him [Besigye] or the Opposition are before him. The commission is yet to publicly comment on the progress of Dr Besigye’s complaint.

    The report also recommends that Uganda adopts the Kenya model and have the Chief Justice included on the JSC, the body charged with recruiting judicial officers and watching over their conduct.

    It also wants the commission to have full time members picked from the Ministry of Justice and Constitutional Affairs under which it currently falls.

    The report recommends the commission to be run as an independent agency like the Inspectorate of Government and Uganda Human Rights Commission.

    Under Article 146 of the Uganda Constitution, the Judicial Service Commission (JSC) is constituted by a chairperson and deputy qualified to be a justice of the Supreme Court other than the Chief Justice, deputy Chief Justice and principal judge. It also comprises a nominee from the Public Service Commission, two advocates of not less than 15 years standing nominated by the Uganda Law Society, two non-lawyers from the public and a Justice of the Supreme Court.

    The report jointly published by the Democratic Governance Facility (DGF) and Anti-Corruption Coalition Uganda is pushing for an amendment to this provision to lift the cap and let the Chief Justice, Principal Judge and Court Registrar sit on the JSC.
    Judiciary spokesman Solomon Muyita declined to comment on the report’s recommendations on account that he had not yet read it.

    The JSC of Kenya is constituted by judicial officers, including a Justice of Court of Appeal, Justice of the Supreme Court (president of the court and also Chief Justice), High Court Judge and a chief magistrate.

    State of case backlog at JSC

    Cases brought forward from 2013/14 749

    Cases registered (2014/15) 137

    Cases to dispose (2014/15) 886

    Cases concluded 2014/15 106

    Cases carried forward to 2015/16 78

  • South Africa’s move to quit ICC challenged in court

    {Democratic Alliance opposition party challenges government over move to withdraw from International Criminal Court.}

    South Africa’s main opposition, the Democratic Alliance, has taken the government to court over its decision to pull out of the International Criminal Court (ICC).

    The High Court in Pretoria is scheduled to begin hearings on Monday to determine the constitutionality of a government move to withdraw from the Hague-based ICC, an international tribunal set up to prosecute individuals for genocide, crimes against humanity and war crimes.

    In June 2015, South Africa failed to arrest visiting Sudanese President Omar al-Bashir, who is wanted by the ICC for war crimes in the western Sudanese province of Darfur. Bashir has denied the accusations.

    ‘Unconstitutional’

    Al Jazeera’s Tania Page, reporting from Pretoria, said the opposition claimed that it was illegal for the government to withdraw South Africa from the ICC.

    “Basically, the Democratic Alliance, and other parties involved in this legal action, say that the government attempt to withdraw from the ICC and the Rome Statute is unconstitutional,” she said.

    Page said the case also argued that the move was against South Africa’s traditional role as a defender of human rights.

    “If the government was blocked from withdrawing by the country’s own courts, it would be forced to stay in the ICC,” she added.

    A verdict is expected to be made following hearings on Monday and Tuesday.

    The ICC is an international tribunal, which 124 states have joined, under the Rome Statute.

    The court is perceived by African politicians and some experts as biased against Africans, since the vast majority of investigations, indictments and convictions are against African nationals.

    Burundi has recently declared that it intends to withdraw from the Court.

    In June 2015, South Africa failed to arrest visiting Sudanese President Bashir who is wanted by the ICC
  • LRA commander Dominic Ongwen to go on trial at ICC

    {The first Lords Resistance Army commander to appear before the International Criminal Court is to go on trial at The Hague.}

    Dominic Ongwen is also the first child soldier to be tried by the ICC.

    He faces 70 counts of war crimes and crimes against humanity in Uganda, more charges than any other suspect.

    But the BBC’s Anna Holligan says his past may present ethical and legal dilemmas, and his lawyers may use his traumatised youth to plea for leniency.

    Dominic Ongwen was a boy when he was abducted and conscripted by the notoriously ruthless rebel cult.

    Our correspondent in The Hague says his story encapsulates many of the complexities of the conflict which has claimed more than 100,000 lives – he was a child groomed in the image of his oppressors.

    {{Who is Dominic Ongwen?}}

    Said to have been abducted by LRA, aged 10, as he walked to school in northern Uganda

    Rose to become a top commander

    Accused of crimes against humanity, including enslavement

    ICC issued arrest warrant in 2005

    Rumoured to have been killed in the same year

    US offered $5m (£3.3m) reward for information leading to his arrest in 2013

    Mr Ongwen is accused of leading attacks on four camps for internally displaced people in northern Uganda – murdering and torturing civilians, plus forcing women into marriage and children to take part in the fighting.

    He was captured in the Central African Republic in January 2015, after being sought by US and African forces since 2011.

    He is said to be the deputy to LRA commander Joseph Kony, who is still on the run.
    Uganda agreed that Mr Ongwen should be tried by the ICC despite being a fierce critic of the court.

    The LRA rebellion began more than two decades ago in northern Uganda and its estimated 200-500 fighters – many of them child soldiers – have since terrorised large swathes of central Africa.

    Mr Ongwen is accused of leading attacks on camps for internally displaced people