A vexing decision

Israel's High Court of Justice has unanimously rejected a petition in a case with tragic facts but what seems a proper application of the governing law. Details here from the Jerusalem Post. 

Watch for the Knesset to grant relief legislatively.

AFT vacancies reach crisis point

India's Armed Forces Tribunal has a backlog of 11,000 cases and numerous vacancies on the court. Details here.

What gives?

ROK: no suepended sentences for military assaults

Chosun Daily reports here on a recent Republic of Korea court decision. Excerpt:

The Constitutional Court of Korea ruled that a provision in the Military Criminal Act, which imposes life imprisonment or a minimum prison sentence of seven years for military personnel who forcibly assault fellow soldiers or civilian military employees and cause injury, does not violate the Constitution.

The court announced on the 26th that it upheld the constitutionality of the provision in a 7-2 decision, following a constitutional challenge arguing that the statutory minimum sentence for aggravated indecent assault resulting in injury under military law was excessively harsh.

* * *

This marks the first time the Constitutional Court has ruled on the constitutionality of the Military Criminal Act’s provision mandating life imprisonment or a minimum seven-year sentence for aggravated indecent assault resulting in injury against military personnel.

Indian Delhi High Court’s verdict exonerates a convicted veteran of the Indian Army of charges of amassing disproportionate wealth

Bar and Bench reported the case of Major General Kapur, a retired Army officer, was earlier convicted by a civil trial court on charges of amassing disproportionate wealth worth 2.22 Indian rupee crores. The officer was tried based on allegations under provisions of the Prevention of Corruption Act, 1988 by the Central Bureau of Investigation.

A Single Bench of the Delhi High Court of India set aside the conviction based on severe procedural violations committed by the trial court (non-examination of witnesses, lack of consideration of vital evidence) in order to comply with the orders of the Supreme Court to conclude the trial expeditiously. 

The Court reiterated the significance of a fair trial under Constitutional provisions in the balance between speedy justice and rights of an accused.

The complete decision is available here.

New Chief Judge at CAAF

Congratulations to Hon. Gregory E. Maggs, who today became the 15th Chief Judge of the U.S. Court of Appeals or the Armed Forces, previously the U.S. Court of Military Appeals. If he serves the full ststutory five-year term as Chief, he will be succeeded by Judge Liam P. Hardy on August 1, 2031. Judge Hardy, in turn, will be succeeded as Chief by Judge M. Tia Johnson on August 1, 2035, since his term on the court expires on July 31, 2035. Judge Johnson would be Chief until her term on the court expires on July 31, 2037.

Over the court's history, the shortest tenure of a Chief Judge was that of Robert M. Duncan, who served as Chief from 1973 to 1974, when President Richard M. Nixon nominated him to be a federal district judge in Ohio.

All five position on the Court are occupied. There are also eight senior judges.