Trial in absentia is a criminal proceeding in a court of law in which the person, subject to it is not physically present at those proceedings. In absentia is Latin for "in the absence", its meaning varies by legal system. In common law legal systems, the phrase is more than a spatial description. In these systems it suggests a recognition of a violation to a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice, it violates the second principle of natural justice, audi alteram partem. In some civil law legal systems, such as that of Italy, absentia is a recognized and accepted defensive strategy; such trials may require the presence of the defendant's lawyer, depending on the country. Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adhere to Article 6 of The Convention, which protects the right to a fair trial.
Trials in absentia are banned in some member states of the EU and permitted in others, posing significant problems for the fluidity of mutual recognition of these judicial judgments. The executing member state possesses some degree of discretion and is not obliged to execute a European Arrest Warrant if the country, making the request has tried that person in absentia. Conditions under which trials in absentia must be recognised include: if the person can be said to have been aware of the trial; the Framework Decision on the European Arrest Warrant provides for the legal guarantees relevant to trials in absentia. While the Framework Decision explicitly refers to Article 6 of the European Convention on Human Rights, its purpose is not to harmonise national laws on trials in absentia but to provide terms for the non-recognition of an EAW and other cooperative tools; the Framework Decision provides detailed conditions and requirements on which a trial in absentia can be considered compatible with Article 6, the right to a fair trial.
According to Pieter Cleppe of the think-tank Open Europe, in parts of Europe, in absentia trials give defendants the ability to appeal twice—asking for a retrial at which they would be present and potentially appealing the second verdict. There are some guarantees in the legal system that make sure that it's fair, that the rights of the defense are not being violated, while still making sure that justice is being done. In absentia judgments are common... you can criticize that, but it's quite common. The Council of Europe has made commentary on judgments; the Committee of Ministers, in Resolution 11, of 21 May 1975, stated that an individual must first be served with a summons prior to being tried. In this sense, the ministers are emphasizing that it is not the presence of the accused at the hearing, of importance, rather the focus should be on whether or not the individual was informed of the trial in time. In a 1985 judgement in the case Colozza v Italy, the European Court of Human Rights stressed that a person charged with a criminal offence is entitled to take part in the hearings.
This entitlement is based on the right to a fair trial and the right to a defence, both of which are required by The Convention. Furthermore, the court stressed that a person convicted in absentia shall be entitled to a fresh trial once he becomes aware of the proceedings: When domestic law permits a trial to be held notwithstanding the absence of a person "charged with a criminal offence", in Mr. Colozza’s position, that person should, once he becomes aware of the proceedings, be able to obtain, from a court which has heard him, a fresh determination of the merits of the charge; the Human Rights Committee examined Monguya Mbenge v. Zaire in which the applicant was sentenced to death while exiled in Belgium and was only able to learn of the case against him through the media. Due to these circumstances, the Committee found that a number of the applicant's procedural rights had been violated in consideration of the fact that the Crown had hardly attempted to contact the applicant despite possible knowledge of the applicant's address.
This impeded the applicant's capacity to prepare any form of defense. Failed evidence to support the case that a court had tried to inform the accused of proceedings against him/her provides the Committee with the opinion that the right to be tried in one's presence was violated. Under Article 8 of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic, which has the same legal standing as the Czech Constitution, no one may be prosecuted or deprived of their liberty except on grounds and in a manner specified by law. In general, the Czech Criminal Procedural Code requires the presence of the defendant in any criminal proceedings; the Code recognizes the following exemptions from this rule, when criminal proceedings may be conducted without the presence of the person charged: Where a defendant has died. Where a defendant is unknown: This may arise before charges against a person are brought in respect of pre-trial proceedings. For example, if police conclude that a crime has been committed and that action needs to be taken to identify the perpetrator, such as the interrogation of a witness or an identity parade, such an action is taken in the presence of a judge because the rights of the criminal suspect cannot otherwise be ade
Freedom of education is the right for parents to have their children educated in accordance with their religious and other views, allowing groups to be able to educate children without being impeded by the nation state. Freedom of education is a constitutional concept, included in the European Convention on Human Rights, Protocol 1, Article 2, International Covenant on Economic and Cultural Rights Article 13 and several national constitutions, e.g. the Belgian constitution and the Dutch constitution. The English liberal philosopher John Stuart Mill was a strong advocate of education without the state. In his essay On Liberty, he wrote: There are no libertarian objections to the state making the education of children compulsory. However, there are to the state directing education. I go as far as anyone in deprecating that the whole or any large part of education should be in the hands of government. Individual freedom and diversity in people’s characters and modes of conduct require freedom and diversity in education – and any general system of state education would be a contrivance for casting people into the same mould and shape.
Education would aim to suit the governing power – whether a monarch, a priesthood, an aristocracy, or a majority of the existing generation. The more efficient and successful state education was, the greater the despotism the state could establish over the minds and bodies of the people. If societies allow state-schools and universities to operate at all, these institutions should be just one among many competing forms and experiments in education; the government might establish them to provide models or examples of how to achieve certain standards of educational excellence. The European forum for freedom in education was formed in 1989 and has 69 members across 13 countries, their official demands include a need for autonomy to teachers. It establishes the importance of diversity in education, to allow parents the choice of sending their child to a school that aligns with their views. In the Netherlands, a political battle raged throughout the nineteenth century over the issue of the state monopoly on tuition-free education.
It was opposed under the Separation of Church and State. The Dutch called it "De Schoolstrijd"; the Dutch solution was the separation of school and state by funding all schools both public and private from 1917. The freedom of education resulted in the establishment of many new school types in the total spectrum of education in the Netherlands. New methods of education were introduced inspired by ideals on education. Schools were funded based on religion. After the influx of workers from Islamic countries, Islamic schools were introduced. In 2003, in total 35 Islamic schools were in operation. However, a study in 2015 showed that the introduction of new schools for secondary education appeared difficult. Local communities, including existing local schools, resisted the introduction of new schools, for instance by delaying the procedure to find a location for a new school. Presently, freedom to teach religion in schools is a protected right, both for individuals or groups to teach, for an individual to learn.
While this plainly means children, it can be interpreted to apply to parents' rights to have their valued beliefs or principles taught to the child. There have been issues around limiting the abilities of religious schools within the Netherlands; this includes serious threats to orthodox Islamic schools' ability to enjoy this freedom. Following a general change in attitudes within the Netherlands there has been controversy surrounding balancing the freedom of education with the other rights of non-discrimination that might be seen towards women in many conservative Islamic schools. Most religious schools in the Netherlands have since stopped acting within their own subset of institutions, thus lessening their power within the education system. Combined with the growth in diversity, an overriding importance of non-discrimination, the ability for religious groups with conservative views in the Netherlands to educate their children in the manner that they were has been tarnished. A University of Amsterdam study of 2013 ranked six member states by their parallel education to give an indication of the freedom of groups and individuals to instill their religious beliefs through education.
The conclusions are listed below. Denmark achieved a high rating. Denmark’s constitution requires a duty of education, but not one aimed at the school; this creates an option for private home-school. Private schools receive a subsidy that covers 3/4 of the costs. Over the last ten years, Denmark has raised its level of supervision of these schools and the obligations on the schools to regulate themselves; the Netherlands achieved a high rating. Well over half of the Netherlands' schools are built on the grounds of a religion; the Dutch constitution protects freedom of education and means the government must hold private and state schools equally. While private schools need to employ proper teachers, they may select their teachers or pupils based on their spiritual beliefs or values. Ireland received a high rating. 95% of primary and 57% of secondary Irish schools are denominational, though this number is decreasing. Education is supported predominantly by Catholic but Protes
Mwinilunga is a town in the North-Western Province of Zambia and headquarters of a district of that name. It lies on the West Lunga River, not far from the borders with the Democratic Republic of the Congo and Angola; the town had a population estimated at 14,500 in 2006. The Chilunda-speaking Kanongesha-Lunda people are the largest ethnic group, are related to the Chibemba-speaking Kazembe-Lunda of Luapula Province; the town's elevation is 1387 m and it is one of the wettest places in Zambia with annual rainfall of about 1400 mm falling in the rainy season from October to May. The town is home to a small airport. Mwinilunga Secondary School is the largest school to date in town. Government and Community Schools pepper the rural area surrounding the boma and provide education for children grades 1 to 12. Attempts have been made to establish industries in the town such as the TIKA Iron and Steel plant and the pineapple cannery. Neither were commercially successful and have closed due to the distance of the town from the markets of the Copperbelt and the lack of a railway and source of coking coal for the TIKA plant.
In 2006 plans were formulated to extend the proposed railway to Solwezi to the town and on to the Benguela Railway in Angola to avoid reliance on the line in the DR Congo, but these plans have not been confirmed and the Benguela Railway has not yet been re-opened. However, the Angolan transport ministry plans to build a line branching off the Benguela Railway at Luacano and entering Zambia from Macango. Mwinilungu ought to benefit from trade with Angola and DR Congo but wars, poor road conditions and various trade policies between the countries have so far prevented trade developing. Forest Fruits Ltd. has been operating in Mwinilunga since 1998 working with over 7000 beekeepers in the region to export organic honey to the European market. There is much work investigating the possibility of nearby uranium deposits; such mines exist in various location along the highway between Solwezi and Mwinilunga. In early August 2019 gold deposits were discovered and confirmed by both the Republican President Edgar Chagwa Lungu and experts from the Ministry of Mines and Mineral Development.
The annual Chisemwa cha Lunda ceremony held by Senior Chief Kanongesha of the Lunda draws crowds to the district every September. Mwinilunga lies south east of the rainforest Nchila Wildlife Reserve, known for its sable antelope and other large mammals, Luakela Forest Reserve and the Chitunta Plain, known for its birdlife and as the source of the Zambezi River
The brown illadopsis or brown thrush-babbler is a species of bird in the family Pellorneidae. The species was first described by John Cassin in 1859, it is found in Angola, Burundi, the Central African Republic, the Republic of the Congo, the Democratic Republic of the Congo, Ivory Coast, Equatorial Guinea, Ghana, Guinea-Bissau, Liberia, Nigeria, Sierra Leone, South Sudan, Tanzania and Uganda. Its natural habitats are subtropical or tropical dry forests and subtropical or tropical moist lowland forests
Candles at Nine is a 1944 British mystery film directed by John Harlow and starring Jessie Matthews, John Stuart and Beatrix Lehmann. A wealthy man jokes about being murdered for his inheritance but is found dead, his money is left to a distant female relative and attempts now begin on her life too. After the mysterious death of wealthy old Everard Hope, his avaricious relatives are little pleased to discover that his estate has been left to distant relation Dorothea Capper, a young showgirl; the one condition of the will is. After several attempts on Dorothea's life, detective William Gardener decides to investigate. Eliot Makeham as Everard Hope Beatrix Lehmann as Julia Carberry, Everard's Housekeeper John Salew as Griggs, Everard's Butler Joss Ambler as Garth Hope Vera Bogetti as Lucille Hope, Garth's Wife Andre Van Gyseghem as Cecil Tempest Winifred Shotter as Brenda Tempest, Cecil's Wife Reginald Purdell as Charles Lacey Hugh Dempster as Hugh Lacey Jessie Matthews as Dorothea Capper the Heiress John Stuart as William Gardener, Turf Commission Ernest Butcher as Everard's Gardener C.
Denier Warren as Middleton the Executor Patricia Hayes as Gewndolyn the Maid TV Guide dismissed the film as a "Tedious mystery". The problem there is that she looks a little long-of-tooth for the role she's playing, in terms of the element of wide-eyed wonder that she must display at her sudden good fortune -- at 37 with lots of energy and great makeup, she looks awkward doing a role that would have been better suited to her in 1934. Beatrix Lehmann's portrayal of the housekeeper whose services she inherits comes from the Judith Anderson school of performing...and her creepy portrayal is one of the best things in the movie. There are a couple of charming musical sequences, one of them breaking the tension at just the right moment as the thriller's plot winds tighter; the whole thing doesn't hang together seamlessly, but it's an enjoyable diversion, if one hangs in past the first 18 minutes' tedium." Candles at Nine on IMDb
Libya–United States relations refers to the bilateral relations between the State of Libya and the United States of America. Relations are today cordial and cooperative, with strong security cooperation only after the 2012 attack on the US liaison office or mission in Benghazi. Furthermore, a Gallup poll conducted in March and April 2012 found that Libyans had "among the highest approval" of US leadership in the entire Middle East and North Africa region. However, for decades prior to the 2011 Libyan Civil War, the countries were not on good terms and engaged each other in several military skirmishes; the Libyan government of Muammar Gaddafi funded terror operations against the United States, most notably the 1986 Berlin discotheque bombing, to which the United States retaliated by bombing Libya, the 1988 Lockerbie bombing. When the Libyan civil war broke out in 2011, the United States took part in a military intervention in the conflict, aiding anti-Gaddafi rebels with air strikes against the Libyan Army.
With the success of the revolution and the overthrow of Gaddafi, US President Barack Obama said that the United States was "committed to the Libyan people" and promised partnership in the development of a new Libyan state. According to a 2012 poll conducted by Gallup, 54% of Libyans approve of U. S. leadership, compared to only 22% and 19% respective approval for China and Russia's, 75% of Libyans say they approved of NATO's military intervention in the civil war. The U. S. began bombing Libya again on August 1, 2016 with permission from the GNA, as part of the military intervention against ISIL. Following Italy's colonial occupation of Libya and the German occupation during World War II the U. S. leased the strategically important Wheelus Air Base from the Kingdom of Libya. The United States supported the UN resolution providing for Libyan independence in 1951 and accordingly raised the status of its office at Tripoli from a consulate general to a legation. Libya opened a legation in Washington, D.
C. in 1954. Both countries subsequently raised their missions to embassy level. Oil was discovered in Libya in 1959, what had been one of the world's poorest countries became comparatively wealthy; the United States continued a warm relationship with Libya and pursued policies centered on interests in operations at Wheelus Air Base and the considerable U. S. oil interests. During the early 1960s, many children of U. S. oil personnel sent to develop the oil field installations and pipelines were allowed to attend the high school facility at Wheelus riding buses from residential areas in or near Tripoli. Classes had to pause while large aircraft were taking off; the strategic value of Wheelus as a bomber base declined with the development of nuclear missiles and Wheelus served as a tactical fighter training facility in the 1960s. In September 1969 King Idris I was overthrown by a group of military officers centered around Muammar Gaddafi. Before the revolution, the U. S. and Libya had reached agreement on U.
S. withdrawal from Wheelus. After Muammar Gaddafi's 1969 coup, U. S.-Libyan relations became strained when Gaddafi removed the American oil companies by nationalizing the oil industry. In 1972, the United States recalled its ambassador. Export controls on military and civil aircraft were imposed during the 1970s, U. S. embassy staff members were withdrawn from Tripoli after a mob attacked and set fire to the embassy in December 1979. The U. S. Government designated Libya a "state sponsor of terrorism" on December 29, 1979. Throughout the 1970s Gaddafi was a vocal supporter of the Palestinians and anti-Israeli Arab governments and he supported the Arab states during the Yom Kippur War and the Arab Oil Embargo. On August 19, 1981, the Gulf of Sidra incident occurred. Two Libyan Sukhoi Su-22 jets fired on U. S. aircraft participating in a routine naval exercise over international waters of the Mediterranean claimed by Libya. The U. S. planes returned shot down the attacking Libyan aircraft. In December 1981, the State Department invalidated U.
S. passports for travel to Libya and, for purposes of safety, advised all U. S. citizens in Libya to leave. In March 1982, the U. S. Government prohibited imports of Libyan crude oil into the United States and expanded the controls on U. S.-origin goods intended for export to Libya. Licenses were required except food and medicine. In March 1984, U. S. export controls were expanded to prohibit future exports to the Ras Lanuf petrochemical complex. In April 1985, all Export-Import Bank financing was prohibited. United States adopted additional economic sanctions against Libya in January 1986, including a total ban on direct import and export trade, commercial contracts, travel-related activities. In addition, Libyan Government assets in the United States were frozen; when Libyan complicity was reported in the 1986 Berlin discotheque bombing, which killed two American servicemen, the United States responded by launching an aerial bombing attack against targets near Tripoli and Benghazi in April 1986.
At least 15 people died in the U. S. air strikes on Libya – including leader Colonel Gaddafi's adopted 15-month-old daughter – and more than 100 were injured. Subsequently, the United States maintained its trade and travel embargoes and brought diplomatic and economic pressure to bear against Libya; this pressure helped to bring about the Lockerbie settlement and Libya's renunciation of WMD and MTCR-class missiles. In 1991, two Libyan intelligence agents were indicted by federal prosecutors in the U. S. and Scotland for their involvement in the December 1988 bombing of Pan Am flight 103 near Lockerbie, Scotland. In Ja