Sunday, August 28, 2016

Where should this case be tried?

A retired IDF brigadier general accused of rape and sexual abuse is to be tried by court-martial. The offenses were committed before he retired. The three rape complainants were his subordinates. Should he be tried in a civilian court? Details here.

Decision tomorrow in Islamabad

The Supreme Court of Pakistan will hand down its decision tomorrow in a case challenging the death sentences adjudged against 16 civilians by military courts under the 21st Amendment. Details here.

Azaria trial resumes

The court-martial of Sgt. Elor Azaria has resumed in Israel. Gili Cohen has this report for Haaretz describing earlier prosecutions. Azaria's lawyers have claimed that he is a victim of selective prosecution. She writes:
"None of these and other such cases that have come before the court in recent years have reverberated like the Azaria case, with intense public debate, rallies and a campaign to raise money for the soldier’s defense and statements by politicians."

The M.P.'s Case is heard in High Court

The Uganda High Court has heard argument on an M.P.'s contention that he is not subject to trial by court-martial. From Sunday Vision's account:
Appearing before Court presided over by Justice Patricia Basaza, principal state attorney George Kallemera told court that the jailed Nakawa MP Michael Kabaziguruka is rightly charged before the Army court because he abetted serving officers to engage in Acts meant to overthrow the government.
"Kabaziguruka is charged under section 191(1g) of the UPDF Act which provides that any person including civilians shall be subject to military law in commission of service offences." Kallemera said. He asked court to refer back the case to the Army court to proceed with the trial of the legislator and his 22 co-accused. 
On the impartiality and independence of the court, Kallemera said that Kabaziguruka is not charged with political offences as he alleges but instead he is being charged with serious offences under the UPDF Act. 
Kallemera said that the president is the commander of the armed forces by virtue of the constitutional obligation but does not direct members of the Army court on the delivery of the decision as Kabaziguruka alleges. 
"For Kabaziguruka to allege that he will not be accorded to a fair hearing at the Army court, he must adduce incriminating evidence to justify his allegations." He said.

Friday, August 26, 2016

South Sudan military court convicts civilian -- no defense counsel

A military court in South Sudan has convicted a civilian of joining and aiding the enemy. The accused is reported to have had no defense counsel. Details here.