"Fiat Justitia Ruat Caelum"

UGANDA: Supreme Court sets March 4 for hearing of rebel MPs’ case

KAMPALA:

The Supreme Court has set March 4 for hearing of an application in which four former ruling party MPs are seeking to temporarily halt a Constitutional Court order kicking them out of Parliament until their appeal is heard and determined.

The setting of the date follows last week’s orders by court to the Speaker of Parliament, Ms Rebecca Kadaga, to stop the MPs from accessing and or participating in parliamentary activities.

The court said the MPs; Mr Theodore Ssekikubo (Lwemiyaga), Mr Muhammed Nsereko (Kampala Central), Mr Wilfred Niwagaba (Ndorwa East) and Mr Barnabas Tinkasiimire (Buyaga) were illegally in office upon expulsion from their party last year.

The legislators are now seeking interim orders stopping the Speaker from throwing them out of Parliament and the Electoral Commission from conducting a by-election in the respective constituencies.

The court had also asked the Electoral Commission to organise by-elections in the four constituencies.

The legislators have asked Speaker Kadaga to desist from acting upon the order that is not approved by both parties as required by law.
Justices Richard Buteera, Faith Mwondha, and Steven Kavuma ruled against the MPs.

However, Justice Remmy Kasule in a dissenting judgement dismissed the NRM petitioners, arguing that the MPs’ continued stay in Parliament was right because they did not declare that they had left the party.

Mr Ssekikubo confirmed the hearing date in an interview but explained that the application to be heard is for temporary relief pending determination of the appeal.

“We are here to seek justice and we hope that the country’s highest appellate court would prevail over the issues which we believe are in violation of the law and rules of natural justice. We are pleading for the interim such that our appeal is not rendered useless,” he added.

Orders served

Mr Severino Twinobusingye, one of the lawyers representing NRM, said the orders have been served to the Speaker and all other organs of government, including the police and clerk to Parliament and that they have been complied with by the respective organs of government.

“The MPs cannot be allowed in the parliamentary chambers because they are now ordinary citizens after they have been evicted from their respective offices,” said Mr Twinobusingye describing the intended appeal as academic with no effect.

DAILY MONITOR UGANDA:

Binding 'pre-nup' law for couples proposed

Couples in England and Wales would be able to legally agree the terms of a divorce before marrying, under a new law being put forward.

The Law Commission believes making pre and post-nuptial agreements legally binding will make it easier for couples to manage their finances after a split.

Currently, married couples and civil partners can make agreements but courts do not always uphold them.

The commission advises the government on updates to the law.

It says that should the proposed law be enacted, married couples and civil partners would be able to make a binding agreement about how their property or finances should be shared if their relationship breaks down.

The measures are expected to be particularly popular with those considering second marriages who want to protect property for their children.

'Commodity'

Harry Benson, of the Marriage Foundation, said he expected such agreements would only be used by a small minority who had a lot to protect.

"What you are essentially saying is, 'My money is more important than our commitment.'"

But divorce lawyer Sarah Anticoni, a partner at law firm Charles Russell, said she could foresee such contracts becoming much more common.

"They will turn from being a luxury, probably into a commodity."

She said the Law Commission had given clear guidance that any agreement would need to meet people's needs.

This, she added, included somewhere to live, money to live on and to have in mind that there may be children.

The Law Commission has also laid out conditions in order for the marital agreements to be binding, which include:

  • Both partners must have had legal advice
  • Both partners must have disclosed all relevant information about their finances

A pre-nuptial agreement must have been made at least 28 days before the wedding or civil partnership
Prof Elizabeth Cooke, the law commissioner for property, family and trust law, said that the change would give couples "autonomy and control, and make the financial outcome of separation more predictable".


"Pre- and post-nuptial agreements are becoming more commonplace but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect," she added.

Divorce law specialist Christine Patterson, of Shakespeares law firm, said divorcing couples currently faced a "postcode lottery" in the courts.

Courts in northern England and Scotland were less likely to view claims for large lifelong maintenance payments as favourably as those in southern England - partly due to property prices in the south, she said.

'Twice shy'

Eric Tansley, who went through a long and difficult divorce, told BBC's Breakfast he wished the arrangement had been available when he split up with his wife.

"I'd inherited a considerable sum of money from my father a few years ago and endeavoured to have that protected but there proved to be no way of doing so.

"And so it's just in the pot and it's been dissipated. I just so wish that I could have kept that separate," he said.

"If I do get married again, a pre-nuptial agreement would be absolutely critical, both for my own protection and for that of the interests of my children, and clearly at the moment it's very much a case of once bitten, twice shy for me."

The government will now consider the Law Commission's recommendations.

BBC NEWS

Rwanda court opens trial of first genocide suspect transfered from ICTR

[JURIST] The trial of the first suspect to be transferred from the International Criminal Tribunal for Rwanda (ICTR) to the Rwandan national court system began Wednesday. The Tanzanian-based UN tribunal transferred Jean Bosco Uwinkindi in April 2012 to stand trial for his role in the 1994 Rwandan Genocide. Uwinkindi, a former Pentecostal preacher is accused of genocide and crimes against humanity having allegedly led a group of Hutu in the massacre of over 2000 Tutsi civilians in the Kanzenze commune. The accused was indicted by the ICTR in 2001 and was arrested in 2011 as he entered Uganda from the Democratic Republic of Congo.

Last week a court in Frankfurt, Germany, sentenced former Rwandan mayor Onesphore Rwabukombe to 14 years in prison for his role in the 1994 Rwandan Genocide. Earlier this month the ICTR announced that Augustin Ndindiliyimana, the former chief of staff of the Rwandan parliamentary police, and Francois-Xavier Nzuwonemeye, the former commander of a military reconnaissance battalion, had been acquitted on appeal. Also in February a French court opened the trial against former Rwandan intelligence chief Pascal Simbikangwa in the country's first trial of a suspect related to the genocide. In January the UN Special Rapporteur on the rights to freedom of peaceful assembly and association Maina Kiai praised Rwandan authorities' accomplishments in developing infrastructure and ensuring stability and security since the 1994 genocide.

CCM wants Zanzibar Constitution reviewed

Dodoma. 

Chama Cha Mapinduzi (CCM) wants the 10th amendment of the Zanzibar Constitution reviewed, particularly those areas that have been criticised for reportedly undermining the supremacy of the Union Constitution. The current union system is perceived to be weak because the Constitution has been belittled, the party argues in its push for rejection of the proposed three-government system and retention of the status quo.

A document purported to have been drawn at the end of a meeting of CCM’s top leadership earlier in the month notes also that the 10th amendment of the Zanzibar Constitution fuelled resentment of the current union system because the changes undermine the Union Constitution.

The document, dubbed Circular Number 3 on the Draft Constitution from the Political and International Relations Department, notes that the Union Constitution should be respected by both parties in order to address the illegality.

The document, disowned by CCM Ideology and Publicity Secretary Nape Nnauye despite other sources having confirmed that it was prepared by the party, says a three-government arrangement will not solve the problems. “We don’t believe that the number of governments will be a panacea for union problems in the absence of a sustainable system of respecting the Constitution,” the document says. “Failing to respect the Mother Law will definitely undermine a union of any kind, be it of two governments or three.”

CCM wants the new Constitution to explicitly state that the Union Constitution will be supreme and prevail if a partner’s constitution is in conflict with the Union Constitution.

CCM also wants the new constitution to categorically state that Union partners will amend their major laws to reflect the needs and requirements of the supreme Union law.

In order to avoid controversies in future, CCM proposes that the new constitution create a special constitutional court that will be mandated to hear and determine all matters regarding the constitution. “The powers of such a court should be extended to enable it deal with all challenges bearing constitutional or legal conflicts,” says another section of the document. “For instance, a conflict resulting from Zanzibar’s move to form armed security forces could be solved through this court.”

Meanwhile, the document insists on the number of proposals by the ruling party that were not included in the second Draft Constitution, one area being arrangement of the articles of the constitution in order to give it a good outline. “Articles 52, 53, 54 and 55, which in the former draft were numbered 50, 51, 52 and 53 respectively, refer to a lot of issues on human rights,” the document adds. “It was proposed that these articles be summarised and shifted to Part Four of the Draft Constitution, which deals with human rights.”

THE CITIZEN TANZANIA:

Case put off as accused person falls sick

A PAKISTANI who is cocharged with smuggling live wild animals out of the country, Kamran Ahmed, has fallen ill as the case stalled.

Principal Resident Magistrate In-Charge Simon Kobelo  adjourned the case until March 21, 24 and 25 to enable the republic to field more witnesses.

Advocate Edmund Ngelema told the chamber court that his client was seriously ill and that his blood sugar was too high and he could not make it to the court.

Others in the criminal case are Tanzanians; Hawa Mang’unyuka, Martin Kimathi and Michael Mrutu – all charged with smuggling more than 100 live animals and birds to Doha, Qatar ,on November 25, 2010. In criminal cases, accused persons have to be present during the trial even if they are represented by a counsel.

Ahmed is also facing other criminal cases, including one in Arusha, in which he is accused of being in possession of fake United States dollars (purported to be worth 18m/-) and is out on bail in both cases.

Blood sugar refers to concentration of glucose in the blood and Mr Ngemela said after the case was adjourned that Ahmed’s glucose shot to a staggering 300 mark. If blood sugar levels remain too high the body suppresses appetite over the short term.

Longterm hyperglycemia causes many of the long-term health problems including heart disease, eye, kidney, and nerve damage. The most common cause of hyperglycemia is diabetes.

The news of Ahmed falling ill came merely a day after a 20th witness testified how the live animals were loaded into a Qatar military plane without necessary documents in the presence of Mr Ahmed.

Further evidence adduced earlier on was about types of wildlife sneaked out via Kilimanjaro International Airport (KIA), mentioned as giraffes, gazelle, eland and wildebeest and birds.

The animals and birds were captured and then kept at Ahmed’s animal cage situated at Kwamrefu area in Arusha before being shifted to KIA by trucks and loaded into C.17 plane that flew them to Qatar.

DAILY NEWS TANZANIA

Turkish president signs law increasing government control over judiciary

[JURIST] Turkish President Abdullah Gul approved a law on Wednesday which increases government control over the appointment of judges and prosecutors in the country. The new law [Reuters report] grants the Ministry of Justice [official website] greater control over the Supreme Board of Judges and Prosecutors (HSYK) [official website, in Turkish], an independent body responsible for appointing members of the judiciary. The bill was signed into law amidst rising controversy [Today's Zaman report] since the law was approved by parliament [JURIST report] on February 15. The law was given final parliamentary approval [JURIST report] earlier this week and has sparked protests over suspected government corruption. The main opposition Republican People's Party (CHP) [party website] is expected to file a challenge to the law in Turkey's Constitutional Court.

Turkish lawmakers have been on the defensive in recent months as the government faces allegations of corruption and authoritarianism. In February the Turkish parliament approved [JURIST report] legislation to heighten Internet restrictions, granting the country's telecommunications authority the ability to block websites or remove content without the court's approval. In December Prime Minister Recep Tayipp Erdogan [BBC backgrounder] named [JURIST report] 10 new members of his cabinet following the resignation of three members under investigation for graft. Also in December a Turkish court rejected [JURIST report] bids to release two members of the parliament for the Kurdish Peace and Democratic Party (BDP), Gulser Yildirim and Ibrahim Ayhan, who have been detained since 2010 when they were each charged with links to the militant Kurdistan Workers Party (PKK).

Lee Rigby murder: Adebolajo and Adebowale jailed

Michael Adebolajo has been given a whole-life term and Michael Adebowale has been jailed for a minimum of 45 years for murdering Fusilier Lee Rigby.

Adebolajo, 29, and Adebowale, 22, drove into Fusilier Rigby with a car before hacking him to death in Woolwich, south-east London, in May last year.

The judge, Mr Justice Sweeney, said Adebolajo's was one of those "rare cases" warranting a whole-life term.

The pair were absent during sentencing after a scuffle in the dock.

As Mr Justice Sweeney began to sentence the men they started shouting and scuffling with court security guards. They had to be forced to the ground and were removed from court.

Fusilier Rigby's family sobbed as Adebolajo shouted "allahu akbar", and Adebowale called out "that's a lie" as the judge told them their extremist views were "a betrayal of Islam".

One relative needed medical treatment after the outbursts. The judge later apologised the family "had to witness what happened in the dock".

Sentencing the killers in their absence, the judge said they had been convicted on "overwhelming" evidence of the "barbaric" murder of Fusilier Rigby.

The British Muslim converts had "butchered" the 25-year-old soldier, he said.

Adebolajo was the leader of the "joint enterprise", the judge said, but Adebowale played his part "enthusiastically".

Mr Justice Sweeney said the pair carried out the murder "in a way that would generate maximum media coverage".

"He had done absolutely nothing to deserve what you did to him", the judge said. The pair created "a bloodbath", he went on.

"You both gloried in what you had done", said the judge.

"Your sickening and pitiful conduct was in stark contrast to the women at the scene who tended to Lee Rigby's body and challenged what you had done."

Speaking outside court, DI Pete Sparks, police liaison officer for Fusilier Rigby's family, read a short statement on behalf of the family saying "no other sentence would have been acceptable".

"We feel satisfied that justice has been served for Lee", the statement said.

Sue Hemming, head of special crime and counter terrorism at the Crown Prosecution Service, said Adebolajo and Adebowale had "revelled in one of the most appalling terrorist murders I have seen".

"Not only was the attack brutal and calculated, it was also designed to advance extremist views", she said.

Assistant Commissioner of the Metropolitan Police Cressida Dick said the sentences reflected the "true horror" of Fusilier Rigby's murder.

Earlier, Fusilier Rigby's wife Rebecca said her young child would grow up and see images "no son should have to endure".

Her statement was one of those from Fusilier Rigby's family, read out by prosecutor Richard Whittam QC.

Mrs Rigby said she had accepted her husband's life would be at risk when he was deployed to Afghanistan, but not when he was in the UK.

She said: "When you wave someone off you accept that there is a chance you will never see them again. You do not expect to see this on the streets of the UK."

The court also heard part of a statement from the soldier's stepfather, Ian Rigby.

He said: "After all he'd been through in Afghanistan, all Lee was doing was walking through London. After seeing the television, you just can't comprehend it."

Adebolajo and Adebowale faced whole-life jail terms after a Court of Appeal ruling last week upheld judges' right to jail the most serious offenders in England and Wales for the rest of their lives.

However, counsel for Adebolajo, David Gottlieb, had warned an indeterminate sentence would "create a martyr".

Mr Gottlieb said Adebolajo was "not so depraved or wicked that he is incapable of redemption", saying the murder "shares the characteristics of a religiously aggravated crime".

He said that Adebolajo intended to die and still believed he should be put to death.

Adebolajo had claimed he was a "soldier of Allah" and the killing was an act of war.

Counsel for Michael Adebowale, Abbas Lakha QC, told the court the case was "horrific" but was not a case "where the offending is so exceptionally high that Mr Adebowale must be kept in prison for his life".

He said: "The right and proper sentence is one which does leave open the possibility of release in the future. Any other sentence would be inhuman."

At the beginning of the hearing the defendants, both dressed in black, were asked to stand, although Adebolajo did not.

Fusilier Rigby, from Middleton, Greater Manchester, was murdered as he returned to his barracks in Woolwich, south-east London on 22 May 2013. He died of multiple cut and stab wounds.

Arrests

Adebolajo and Adebowale drove into Fusilier Rigby at 30 to 40mph, before dragging him into the road and attacking him with knives and attempting to decapitate him with a meat cleaver.

Three people were arrested outside the court as far-right protesters gathered while the pair were sentenced.

Supporters of the British National Party and the English Defence League gathered around makeshift gallows constructed in the street and held placards calling for the capital punishment to be restored.

A City of London Police spokesman confirmed two men were arrested, one on suspicion of actual bodily harm and one for affray.

BBC NEWS 

German court scraps 3 percent EU Parliament election threshold

Germany’s top court has abolished a rule that said political parties need at least 3 percent of the vote to enter the EU Parliament. The court has said the hurdle infringed on parties’ rights to equal opportunities.
...........................

The Constitutional Court in Karlsruhe on Wednesday ruled that the current 3 percent threshold required to secure seats in the European Parliament is unconstitutional, abolishing the hurdle altogether.

Last year German lawmakers lowered the threshold from 5 to 3 percent after it was challenged by smaller parties who called the requirement unfair and said that it put off potential supporters.

There is a 5 percent threshold for elections to Germany's parliament, the Bundestag. The body has said the clause is necessary to avoid political fragmentation in parliament of the kind that helped bring down the Weimar Republic when a wide range of parties failed to prevent Adolf Hitler coming to power.

The decision now opens the door to smaller and fringe parties winning seats in the May 25 poll that will see 96 German lawmakers elected - the largest national contingent.

Polls have suggested fringe groups would poll well in many countries in the upcoming elections.
These parties include the Euroskeptic Alternative for Germany (AfD), the anti-establishment Pirate Party, Free Voters and the Ecological Democratic Party.

The decision could also see the country's far-right National Democratic Party (NPD) winning seats in May.

National voting systems for the EU Parliament differ across the 28 member states with most - including Britain, Spain, Portugal and the Netherlands - having no threshold at all.

The maximum threshold allowed under EU law is 5 percent, which eight nations have, including the Czech Republic, Poland and Romania.

hc/dr (AFP, Reuters, dpa) DW

Witness testifies seeing wildlife loaded in plane

A PROSECUTION witness in the case in which four people are accused of smuggling wild animals out of the country has told Moshi Resident Magistrate Court that the animals were loaded and transported to Qatar without required documents.

Mr Robert Nyanda (48), who was a clamp supervisor at Kilimanjaro International Airport (KIA), said he saw the animals, who were loaded without cargo manifest or loading instruction papers contrary to airport requirements.

The accused persons are a Pakistani national, Kamran Ahamed; Hawa Mang’unyuka, Martin Kimathi and Michael Disha, who are represented by advocates Edmund Ngawale and Erick Gabriel.

Before Moshi Resident Magistrate In-Charge, Mr Simon Kobelo, the 20th witness said he would always make sure the two documents are available, but did not do so on November 25, 2010.

Led by Senior State Attorney, Ms Eveta Mushi, in the examination in chief, Mr Nyanda who works with Swissport and has a 15 years work experience, said a company had hired the equipment from Swissport as the plane in question was a military one.

In the case that has attracted local and international attention; four persons are charged with smuggling out of the country live animals, including four giraffes worth 113,715 US dollars. During cross examination by Advocate Ngawale, the witness told the court that he was directed by his then boss, Rosemary Israel, to supply the equipment needed for loading the cargo.

“I had no cargo manifest or loading instructions … the plane was not mine; I was just ordered to supply support equipment, if it was a Swissport plane we would not do that,” the form IV leaver responded to Advocate Ngawale’s cross examination.

Nyanda who still works with Swissport but at Julius Nyerere International Airport (JNIA) said the equipment he supplied were high loader, forklift, ground power and enough people to operate the same.

He said that on the material day, he worked from 11am to midnight and it was past midnight when the cargo was unloaded from some trucks, weighed and loaded in the plane.

He identified Mr Kimathi and Kamran as some of persons who disembarked from a saloon car that had pulled up at KIA. He further testified that there were many other youth who came by and helped in unloading the live animals from the trucks.

While cross-examined by Advocate Gabriel, Nyanda said there were several cargo handling companies but insisted that the one that dealt with the military plane was Equity. Mr Gabriel queried why he had earlier on told the court that only Swissport operates at KIA.

The witness denied to have said that. Another witness, Reward Amani (61), who was then an Air Traffic Management Manager, told the court that the plane had a permit to land on November 7, 2010, but did not do so.

However, the retired officer, who has four ratings in air traffic management, said it did arrive at KIA on November 24 and took off on November 26 at about 8:50am and after complying with every procedure.

He was led in the cross-examination by another Senior State Attorney, Mr Joseph Maugo, to tender to court a flight plan (map) as an exhibit.

The Republic is also represented by State Attorney Attorney Stephen Mwanasenjele. The witness said the plane, a C.17, arrived at KIA from Doha, Qatar, and took off by the same route.

He added that he did not deal with types of cargos or how they are loaded and unloaded. The case was adjourned until today when more prosecution witnesses will be called upon to testify.

DAILY NEWS TANZANIA:

Zambia court acquits top gay rights activist

Paul Kasonkomona found not guilty of encouraging homosexuality after talking about gay rights and AIDS on TV.
..............................

A Zambia court has acquitted a prominent gay rights activist charged with an offence against public morality over comments he made on television in support of homosexuals.

Paul Kasonkomona's acquittal on Tuesday was hailed by gay rights advocates as a boost for human rights and came a day after Uganda signed a law imposing harsh penalties for homosexuality.

Kasonkomona had appeared on television saying that recognising gay rights was needed to address the country's HIV-AIDS epidemic.

"The court ruled that Paul is acquitted. It's a final ruling," said Anneke Meerkotter, a lawyer at the Southern Africa Litigation Centre, which provided legal support to Kasonkomona.

The magistrate ruled that the state had failed to prove its case.

Kasonkomona hailed his acquittal as "a landmark judgment", telling AFP news agency that it was "a victory for all Zambians" and vowing to press on with his activism.

"Today is the end of my court case but the struggle continues," he said. "I will continue to speak for the rights of all Zambians, the struggle has to continue."

Meerkotter, the lawyer of Kasonkomona, said the verdict is "a great victory for freedom of expression". 

"The magistrate was clear, public discussion is important, even on controversial issues that are repulsive to some members of community," Meerkotter said in a separte interview with AFP.

"The mood in court was one of great relief," he said. "Kasonkomona did not deserve to be arrested for expressing his opinion and the court ruling vindicates his rights."

Kasonkomona was arrested in April last year and charged with soliciting for immoral purposes shortly after he appeared on a live television show discussing gay rights.

Homosexuality is outlawed in Zambia, as in many African countries, and discrimination against gays and lesbians is rife. A conviction for sodomy carries a 14-year prison sentence.

The ruling comes a day after Ugandan President Yoweri Museveni signed off on one of the world's toughest anti-gay laws.

The new rules mean that gays could be jailed for life in Uganda. They also outlaw the promotion of homosexuality and require people to denounce gays.

Swedish Finance Minister Anders Borg warned Uganda on Tuesday that the tougher legislation against homosexuality could represent a financial risk for the country.

Source: Aljazeera

Tanzania yet to sign anti-piracy protocol

Tanzania is yet to sign the protocol against piracy endorsed by the other East African and Indian Ocean littoral states, it has been learnt.

Speaking in Dar es Salaam recently, the Minister of Foreign Affairs and International Cooperation Bernard Membe clarified that Tanzania has yet to meet the international standards set by the European Union.

The country was urged to sign the protocol some two years ago. Under the protocol each country has to ensure that it has prepared to international standards the environment to facilitate prosecution of cases, accommodation of the prisoners and investigation departments.

Membe said Tanzania’s lack of experience in investigating and handling pirate cases, a new phenomenon in the Indian Ocean, led to the delay in signing the protocol.

He said Tanzania has been conducting training in order to meet the conditions set by the European Union (EU) to be allowed to prosecute pirate related cases, adding that Tanzania will sign the agreement by May this year.

The minister pointed out those countries which will prosecute pirates must have experts before signing the protocol.

“Experience from the Comoros and Seychelles which have handled such cases show that most pirates, especially Somalis tend to use vernacular languages, a situation which requires our country to have special translators,” Membe explained.

According to Membe prisons used to keep the pirates should meet international standards, including supply of newspapers, free access to information and availability of air condition in their rooms.

But the country’s prisons do not have the said facilities.
Pirates operating along the coast of East Africa, especially between Somalia and Kenya besides deaths, caused a major disruption to maritime trade, leading to intervention of navies of western powers to clear the sea lanes. 

SOURCE: THE GUARDIAN

Mombasa court renews warrant against Samantha Lewthwaite

A Mombasa court has renewed arrest warrants it had issued against British fugitive terror suspect Samantha Lewthwaite and Kenyan Habib Ghani Saleh alias Osman.

Senior Principal Magistrate Richard Odenyo extended the order for police to arrest the two who have been on the run for almost three years.

Mr Ghani is believed to be a key Al-Shabaab member who was reported to have been killed last year in a dawn raid alongside American citizen Omar Hammami in Somalia.

Last week, a British police told a court in Mombasa that a laptop he had examined in relation to a case involving another British terror suspect Jermaine Grant belonged to Lewthwaite.

Police had previously linked her to the laptop recovered in one of the houses she allegedly rented in Mombasa.

However, Scotland Yard computer forensic expert Stephen Ball, who was testifying in a case in which Grant is charged with having explosives, did not identify Lewthwaite by name.

Last year, Interpol issued an international “red tape” against the woman, also referred to as “white widow” by British media.

LAPTOP CONTENTS

The witness also declined, despite pressure from Grant’s lawyer Chacha Mwita, to discuss the contents of the laptop.

“Laptop exhibit number M55 is thought to belong to a female that is not in court and is currently wanted by the authorities in Kenya,” Mr Ball told senior principal magistrate Joyce Gandani.

Ms Lewthwaite and Mr Ghani were charged in their absentia jointly with one count of unlawful possession of explosives while in Mombasa in 2011.

The two are also facing charges of possessing AK47 assault rifles and hundreds of ammunitions that were recovered at her suspected hideout in Nyali following a raid by anti-terror police officers.

Prosecutor Simon Waithaka applied for fresh warrants against the 'White Widow’ to give police more time to produce her in court.

DAILY NATION KENYA:

Othman wants minor disputes out of court

THE Chief Justice, Mr Mohamed Chande Othman, has called upon residents in Kagera Region to utilize the Appeals Chambers which are now available at the Bukoba High Court.

He made the call on Monday when he officially opened the first session of the Court of Appeal at the Bukoba High Court. Chief Justice Othman also advised residents in the region to settle some of the disputes out of court to ease congestion of cases.

He cited the disputes including matrimonial issues, inheritance, political and religious conflicts. He directed residents and district magistrate courts to ensure that cases were heard and determined within 18 months while primary courts should settle cases within 12 months. Justice Othman also cautioned people to avoid taking the law into their own hands and should respect the decisions of courts of law.

He elaborated that the High Court was opened in Bukoba in 1993 adding that during the 21 years of its existence, it has made impressive achievements through speedy hearing and determination of cases, a situation that eased congestion of inmates in remand cells.

He noted that the opening of the Court of Appeal sessions in Bukoba was in line with the government’s resolve to bring closer to the people judicial services. He said that in the past people with appeals had to travel to Mwanza Zonal Offices.

“It is the cardinal task of the courts to ensure that timely justice is reached because justice delayed is justice denied,” he said adding that this is a historic landmark in the country’s judicial history since independence in 1961.

He also urged Advocates of the High Court and State Attorneys under the Attorney General’s Office (AG) to ensure that they make proper preparations and research for every case they handle. He called upon the police to speed up investigation of criminal cases.

According to the District Registrar (DR), Mr Charles Magesa, the Court of Appeal sessions started yesterday and will proceed until March 17, this year headed by Justices of Appeal A.E. Kileo (Chairperson), Bernard Luanda and Kipenka Mussa.

 Daily News Tanzania:

Uganda: Parliament approves six High Court judges

Kampala: 

Parliament’s Appointments Committee has cleared the six judges to serve in the High Court.

The committee chaired by the Speaker of Parliament, Ms Rebecca Kadaga, cleared four High Court judges, including Ms Patricia Basaza Wasswa, Jessica Ayebazibwe, David Matovu and Margaret Mutonyi.

Mr Asaph Ntengye Ruhinda, formerly the Registrar of Courts, and Ms Lillian Tumusiime were vetted as Chief Judge and Judge of the Industrial Court respectively.

Committee sources told the Daily Monitor all the six were approved without much hustle. 
Speaking shortly after the meeting, some of the appointees pointed out corruption and low levels of integrity as some of the challenges facing the judiciary.

“In any institution, there are good apples and bad ones. I think it takes personal initiative to avoid such instances,” Ms Wasswa said.

Ms Mutonyi stressed the need for judges to desist from corrupt tendencies, calling upon the public to join in fighting graft.

“The public should know that it takes two to tango. They play a great role and should not compromise the judiciary. As an institution, the judicially is not corrupt but it is only a few individuals,” she said.

“There is a lot of case backlog, which has always been mentioned. We will find means of reducing this, of course, will need a lot of team work,” Ms Ayebazibwe said.
The Industrial Court could be the most affected by case backlog, having been defunct for about 10 years.

Mr Ntengye said since the court has not been operational for years, there is need to clear hundreds of cases that have been piling up.

Recently, Principle Judge, Yokoramu Bamwine decried the low number of judges in the High Court, despite the appointment of the six judges. He said the High Court still needed 20 more judges.

The High Court currently has 60 judges, however, Mr Bamwine says the court requires between 130 and 150 judges to deliver justice.

DAILY MONITOR UGANDA:

Museven signs Anti-Homosexuality bill into law

President Museveni has finally assented to the Anti-Homosexuality bill. The bill now becomes a law.
While signing the bill at state house Entebbe, the president said that he has signed the bill because scientific research proved that Homosexuality is by nurture and not nature, hence it can be fought.

"A study done in Sweden showed that 34% were homosexuals as a result of nurture not nature'' He said. Museveni also added that those practicing Homosexuality especially in Uganda are doing so because of mercenary (poverty) reasons.

On the issue of losing aid by signing the bill, President Museveni, quoting the story of Esau in the bible said that Uganda will not give up their rights because of food like Esau did. He then took the chance to remind the gathering that Uganda does not need aid. "Uganda is very rich, we do not need the aid," He said.

The anti-homosexuality bill has sparked debate in the previous weeks after US president Barrack Obama said that signing the bill would strain the relationship between Uganda and USA. However, Museveni states that Uganda wants to work with the west, but they can not force us to do something like homosexuality.

On the issue of why he has signed the bill yet the prime Minister Amama Mbabazi opposed the same bill in parliament, Museveni said: "Amama Mbabazi opposed the debate on the bill on my orders , i was going to send it back if had not been convinced otherwise ....Now that i have agreed to the bill, Mbabazi will also agree, like the Basoga say, Omukulu kyakoba zena kyenkoba".

President Museveni also expressed his disappointment that a man could get attracted to a fellow man in the presence of very many beautiful woman, which he termed as a "very serious" matter : "Even now i have not fully understood that you can fail to get attracted to these beautiful women and get attracted to a man, you get attracted to a man? That is a very serious matter". He said.

DAILY MONITOR UGANDA:

President Museveni's full speech at signing of Anti-Homosexuality bill

President Museveni today assented to the anti-homosexuality bill, making it a law amidst debate and controversies from Western powers and Human rights activists. The President stressed that despite US president barrack Obama getting disappointed with the signing of this bill, We (Ugandans) have also been disappointed for a very long time too by the policies of the west that do not make us "happy".

He then went ahead to stress that Uganda is a rich country that does not need aid, because aid is in itself a problem. This all happened this afternoon at state house Entebbe. Read the full address of the President below:

It seems the topic of homosexuals was provoked by the arrogant and careless Western groups that are fond of coming into our schools and recruiting young children into homosexuality and lesbianism, just as they carelessly handle other issues concerning Africa.

Initially, I did not pay much attention to it because I was busy with the immediate issues of defense, security, electricity, the roads, the railways, factories, modernization of agriculture, etc.

When, eventually, I concentrated my mind on it, I distilled three problems:
1. those who were promoting homo-sexuality and recruiting normal people into it;
2. as a consequence of No. 1 above, many of those recruited were doing so for mercenary reasons – to get money – in effect homosexual prostitutes; these mercenary homosexual prostitutes had to be punished;
3. Homosexuals exhibiting themselves; Africans are flabbergasted by exhibitionism of sexual acts – whether heterosexual or otherwise and for good reason. Why do you exhibit your sexual conduct? Are you short of opportunity for privacy - where you can kiss, fondle (kukirigiita, kwagaaga) etc.?

Are we interested in seeing your sexual acts – we the Public? I am not able to understand the logic of the Western Culture. However, we Africans always keep our opinions to ourselves and never seek to impose our point of view on the others. If only they could let us alone.

It was my view that the above three should be punished harshly in order to defend our society from disorientation. Therefore, on these three I was in total accord with the MPs and other Ugandans. I had, however, a problem with Category 4 or what I thought was category 4 – those “born” homosexual.

I thought there were such people – those who are either genetic or congenital homosexuals. The reason I thought so was because I could not understand why a man could fail to be attracted to the beauties of a woman and, instead, be attracted to a fellow man. It meant, according to me, that there was something wrong with that man – he was born a homosexual – abnormal.

I, therefore, thought that it would be wrong to punish somebody because of how he was created, disgusting though it may be to us. That is why I refused to sign the Bill. In order to get to the truth, we involved Uganda Scientists as well as consulting Scientists from outside Uganda.

My question to them was: “Are there people that are homosexual right from birth?”. After exhaustive studies, it has been found that homosexuality is in two categories: there are those who engage in homosexuality for mercenary reasons on account of the under – developed sectors of our economy that cause people to remain in poverty, the great opportunities that abound not withstanding; and then there are those that become homosexual by both nature (genetic) and nurture (up-bringing).

The studies that were done on identical twins in Sweden showed that 34% - 39% were homosexual on account of nature and 66% were homosexual on account of nurture.

Therefore, even in those studies, nurture was more significant than nature. Can somebody be homosexual purely by nature without nurture? The answer is: “No”. No study has shown that. Since nurture is the main cause of homosexuality, then society can do something about it to discourage the trends. That is why I have agreed to sign the Bill.

Since Western societies do not appreciate politeness, let me take this opportunity to warn our people publicly about the wrong practices indulged in and promoted by some of the outsiders.

One of them is “oral sex”. Our youth should reject this because God designed the human being most appropriately for pleasurable, sustainable and healthy sex. Some of the traditional styles are very pleasurable and healthy. The mouth is not engineered for that purpose except kissing. Besides, it is very unhealthy. People can even contract gonorrhea of the mouth and throat on account of so-called “oral sex”, not to mention worms, hepatitis E, etc.

The Ministry of Gender and Youth should de-campaign this buyayism imported from outside and sensitize the youth about the healthy life style that is abundant in our cultures.

We reject the notion that somebody can be homosexual by choice; that a man can choose to love a fellow man; that sexual orientation is a matter of choice. Since my original thesis that there may be people who are born homosexual has been disproved by science, then the homosexuals have lost the argument in Uganda.

They should rehabilitate themselves and society should assist them to do so.

Yoweri K. Museveni Gen. (Rtd)
P R E S I D E N T
24th February, 2014.

Source: Daily Monitor Uganda:

Ex-Ilala director charged with murder

FORMER Ilala Municipal Executive Director Gabriel Kaziyashule Fuime (61), appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam last Friday where he was charged with four counts of murder in respect of a building that collapsed in the city centre early last year.

Fuime was not allowed to enter any plea before Senior Resident Magistrate Augustina Mbando because his case will be tried by the High Court.

He was placed under remand custody as murder charges are not bailable. The case will be mentioned again on March 5 as investigations into the matter, according to the prosecution, have not been completed.

It was not immediately made clear why Fuime was charged with murder, whereas 11 other people arraigned over the same incident are facing manslaughter charges. Principal State Attorney Bernard Kongola, for the prosecution, told the court that the former municipal director committed the offences on March 29, last year, along Indira Gandhi Street within Ilala District.

Fuime allegedly killed one Gabriel Godwin Kamwela, Philipo John Kusimula, Betod Mwananengule and Zahda Abbas Mohamed Kanji. Fuime’s 11 co-accused were arraigned before the court in April last year, facing 24 counts of manslaughter.

They are Razah Ladha (68), a businessman who resides at the corner of Uhuru and Aggrey streets in the city, Goodluck Mbaga (35), a resident of Mbezi Luis, and Wilboard Mugyabuso (42), from Tandika Mwembe Yanga.

Others are Mohamed Abdulkari (61), an engineer from Tabata Bima, Charles Ogare (48), also an engineer from Kinyerezi, Zonazea Oushoudada (60), a consultant engineer residing at Ubungo NHC, and Vedasto Richale (59), a quantity surveyor who lives at Mbezi Kimara.

The rest are Michael Hemed (59), an architect living in Kijitonyama Makumbusho, Albert Munuo (56), assistant register of Architects and Quantity Surveyors Registration Board (AQRB) and Joseph Ringo (43), the principal enforcement officer at AQRB, who lives at Mbezi Tangi Bovu.

Those killed when the building collapsed were Yusuph Khari, Kulwa Alfan, Hamada Musa, Kessy Manjapa, Hamis Mkomwa, Boniface Bernard, Suhail Karim, Salman Akbar, Selemani Haji, Selemani Mtego, Sikudhani Mohamed and Ahmed Milambo.

Other are Salum Mapunda, Selemani Mnyamani, John Majewa, Mussa Mnyamani, Devid Herman, William Joakim, Abdulrahaman Mwiha, Emmanuel Christian, Mmanyi Ngadula, Adivai Desiki, Emmanuel Wahai and Augustino Chuma.

DAILY NEWS

Court hears evidence on Tanzania reps to EALA case

The East African Court of Justice (EACJ) First Instance Division heard evidence from two witnesses of the Applicant-Anthony Calist Komu on a matter concerning elections of representatives of Tanzania to the East African Legislative Assembly (EALA). 

The case was filed by Anthony Calist Komu, a member of a Political Party Chama Cha Demokrasia na Maendeleo (CHADEMA), against the Attorney General of the United Republic of Tanzania.

The Applicant who unsuccessfully contested for EALA membership is challenging the process of the said elections on grounds that it violated Article 50(1) of the EAC Treaty, which provides the procedure on how to elect and who shall represent the National Assembly of each Partner State in EALA.

The first witness, Anthony Calist Komu, in his evidence said that the elections did not take into account the spirit of Article 50 of the Treaty. 

Stating that, before the elections were conducted, Ubungo MP, John Mnyika made unsuccessful efforts to alert the Tanzania National Assembly that it should ensure adherence to Article 50 of the Treaty by having proportional representation of various Political Parties.

Komu further said that the four (4) groups created by the Tanzania National Assembly: Group A - Gender; Group B - Tanzania/Zanzibar; Group C - Opposition Parties and; Group D -Tanzania Mainland, were not sufficient to ensure justice and that no mechanism was put in place to ensure various Political Parties were elected to EALA based on their representation as it was done for the Gender category.

He was of the view that his party being an official Opposition Party in the Tanzanian Parliament should have been given a chance to be elected to maintain an alternative view. 

He also stated that his party which holds 14percent of the parliamentary seats could have been recognised as distinct group/shades of opinion in the election process to ensure their representation to EALA. That, contrary to Article 50 of the Treaty, the election included political parties like Tanzania Democratic Alliance (TADEA) which were not eligible as they do not have any representation in the National Assembly.

The second witness,  MP Mnyika said that, he observed the irregularities in the EALA election process in 2006  when the Civic United Front (CUF) was then an official opposition party in the National Assembly, yet it did not get a seat in the EALA election. Mnyika pronounced being proactive in an effort to rectify the process for the 2012 elections.

He said he did so by writing to the Speaker and Clerk to the National Assembly to amend the schedule of the Parliamentary Standing Order and Rule 12 of the same with regard to nomination of candidates to safeguard representation of special interest groups and official opposition parties; however his proposals were not admitted.

Mnyika said that given the statistics of political parties in the Tanzania Parliament, where Chama Cha Mapinduzi (CCM) has 74% of Parliamentary seats, CHADEMA 14% and CUF 11%, CHADEMA as an official opposition party should have a sit in the EALA election.

 He said that the participation of parties like Tanzania Democratic Alliance (TADEA) which did not have representation in the National Assembly was contrary to Article 50 of the Treaty.

Mnyika expressed his fear that if no correct interpretation is provided for Article 50 of the Treaty, in future there will be a scenario where parties with 45% or 46% of Parliamentary seats in the National Assembly will have 0% representation in EALA, as the party with majority will always abuse its majority even when such majority is 51% against the other with 49%.

The Applicant’s Advocate at the hearing was Edson Mbogoro while the Respondent was represented by Obadia Kameya and Mark Mulwambo appearing before the bench of the First Instance Division.

Article 50 (1) of the Treaty provides that; The National Assembly of each Partner State shall elect, not from among its members, nine member s of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in a accordance with such procedure a s the National Assembly of each Partner State may determine.

CHADEMA is a conservative political party in Tanzania that is shaping its profile into that of the government-in-waiting, on the verge of dislodging Chama cha Mapinduzi (CCM) from power. It campaigns largely on an anti-corruption platform. The name is short for Chama cha Demokrasia na Maendeleo, Swahili for Party for Democracy and Progress.

SOURCE: GUARDIAN ON SUNDAY

4 in court over loss of 3.4bn/-

Four people including two employees of the Medical Stores Department (MSD) yesterday (20/02/2014) appeared before Kisutu Resident Magistrate’s Court in Dar es Salaam charged with seven counts, including abuse of position and occasioning loss of 3.4bn/-.

The MSD employees are Sylvester Matandiko who is Director of Zonal Operations North and Acting Director General and Sadiki Materu who is a Quality Assurance Manager. 

The two other accused are the employees of Private Health Laboratories Board. They are Zaynab Mfaume who is the Registrar and Joseph Nchimbi the Assistant Registrar. All the accused appeared before Resident Magistrate Hellen Riwa, except the first accused Matandiko who was reported to be sick.

State attorney Leonard Swai from the Prevention and Combating of Corruption Bureau (PCCB) claimed before the Court that the accused committed the offences on diverse dates between January 20 and July 20, 2012 at unknown place in Dar es Salaam.

He alleged that on the said date the second accused Materu, Mfaume and Nchimbi conspired to commit an offence.

Swai claimed in the third count  that on January 17, 2012 at MSD offices in Temeke District the accused Materu in the discharge of his duties as a quality assurance manager of MSD department intentionally abused his position by advising acting director of logistics of MSD to assist SD Africa Limited to import defective SD BIOLINE HIV 1/2 3.0.

The HIV testing kits were manufactured by Standard Diagnostics of Korea contrary to the directives given by the government prohibiting importation of the said defective HIV test kits.

He alleged that the act enabled the SD Africa Limited to obtain an undue advantage of USD 2,093,500.00 equivalent to 3.4bn/- only for supplying the said defective HIV test kits to MSD.

In the fourth count it was alleged that on February 29, 2012 at the same place the accused Materu abused his position by approving quality of the said defective HIV test kits manufactured by Standard Diagnostics of Korea.

In the fifth count, it was alleged that on February 7, 2012 at the said place, the accused Nchimbi intentionally abused his position by approving commercial invoices number SD 111225-20 dated 25 December 2012 and SD 120109-3 dated 9 January 2012 thereby issuing clearance for importation of defective SD BIOLINE HIV ½ 3.0 manufactured by the same company in violation of the directive given by the government.

In the sixth count it was alleged that, the accused Mfaume, on the same date and place, intentionally abused her position by issuing permit certificate of import/export for health laboratories products/ specimens/other supplies number 00010131dated 7 February 2012, clearance for importation of defective SD BIOLINE HIV half 3.0 manufactured by the same company in violation of directive given by the Government.

In the last count it was claimed that, on diverse dates between January 1, and July 20, 2012 the accused jointly and together by their willful acts caused the Government of Tanzania to suffer a pecuniary loss of 3.4bn/-.

The accused pleaded not guilty and they were remanded until March 6, when their case comes up for preliminary hearing.

SOURCE: THE GUARDIAN

Ukraine President Yanukovich impeached by the Parliament

Parliament votes to dismiss Viktor Yanukovich and sets early election for May 25, while jailed opposition leader freed.

Ukraine's parliament has voted to remove President Viktor Yanukovich from office, hours after he abandoned his Kiev office to protesters and denounced what he described as a coup.

The impeachment, which was backed by 328 of the 447 deputies, argues that Yanukovich abused his powers.

The Ukrainian parliament, which decisively abandoned Yanukovich after loyalists defected, declared on Saturday the president constitutionally unable to carry out his duties and set an early election for May 25.

Deputies in the assembly stood, applauded and sang the national anthem.

Defiant president

In a television interview shortly beforehand, which the station said was conducted in the eastern city of Kharkiv, Yanukovich said he would not resign or leave the country, and called decisions by parliament "illegal".

"The events witnessed by our country and the whole world are an example of a coup d'etat," he said, comparing it to the rise of the Nazis to power in Germany in the 1930s.

He said he had come under fire. "My car was shot at. I am not afraid. I feel sorrow for my country," he told UBR television.

Despite his defiance, the dismantling of his authority seemed all but complete with his cabinet promising a transition to a new government, the police declaring themselves behind the protesters and his jailed arch adversary Yulia Tymoshenko freed.

Tymoshenko freed

Tymoshenko was freed on Saturday from the hospital where she had been held under prison guard for most of the time since she was convicted in 2011.

The former prime minister waved to supporters from a car as she was driven out of the hospital in the northeastern city of Kharkiv, a Reuters photographer said.

"The dictatorship has fallen," Tymoshenko said in a statement released on her official website.

"It fell thanks to those people who came out to defend themselves, their families and their country."

Tymoshenko, 53, was jailed in 2011 for abuse of office over a gas deal with Russia but her supporters and Western leaders say her trial was politically motivated.

The release followed an earlier vote by parliament to free her.

'With the people'

The newly-installed interior minister declared that the police now stood with demonstrators they had fought for days, when central Kiev became a war zone with 77 people killed.

The grounds of Yanukovich's residence outside Kiev were also being guarded by "self-defence" militia of protesters.

Military and police leaders said they would not get involved in any internal conflict. The interior ministry responsible for the police said it served "exclusively the Ukrainian people and fully shared their strong desire for speedy change".

"The organs of the Interior Ministry have crossed to the side of the protesters, the side of the people," new Interior Minister Arsen Avakov told Ukraine's Channel 5 TV.

Yanukovich, who enraged much of the population by turning away from the European Union to cultivate closer relations with Russia three months ago, made sweeping concessions in the deal brokered by European diplomats on Friday after days of pitched fighting in Kiev that saw police snipers gun down protesters.

But the deal, which called for early elections by the end of the year, was not enough to satisfy pro-Europe demonstrators on Independence Square, known as the Maidan, or "Euro-Maidan", who want Yanukovich out immediately in the wake of the bloodletting.

On Saturday, the speaker of parliament, a Yanukovich loyalist, resigned and parliament elected Oleksander Turchynov, a close ally of Tymoshenko, as his replacement.

Regional challenge

Underscoring Ukraine's regional divisions, leaders of Russian-speaking eastern provinces loyal to Yanukovich voted to challenge anti-Yanukovich steps by the central parliament.

Eastern regional bosses meeting in Kharkiv - the city where Yanukovich had apparently sought refuge - adopted a resolution saying parliament's moves "in such circumstances cause doubts about their ... legitimacy and legality.

"Until the constitutional order and lawfulness are restored ... we have decided to take responsibility for safeguarding the constitutional order, legality, citizens' rights and their security on our territories."

Kharkiv Governor Mikhaylo Dobkin told the meeting: "We're not preparing to break up the country. We want to preserve it."

Source: Aljazeera

Thailand court declares anti-protester laws unconstitutional

[JURIST] The Civil Court of Thailand on Wednesday ruled that orders targeting anti-government protesters from the Prime Minister and a Special Security Command Center under the special security law known as the Internal Security Act were unconstitutional, violating the protesters' constitutional rights. In addition to ruling on the constitutionality of the special orders, the court upheld the state of emergency declared by the Cabinet of Thailand in January, finding that action was within the power of the executive branch. The court's decision comes just a day after violence erupted in Bangkok as police attempted to clear protest sites throughout the city. At least four individuals were killed and dozens more were injured in the clashes.

Thailand has been embroiled in severe political turmoil since November when protesters took to the street to contest the government of Prime Minister Yingluck Shinawatra. Earlier this month Thailand's Constitutional Court rejected petitions filed by both the ruling and opposition parties accusing each other of attempting to overthrow the country's government during recent elections. An anti-government protest leader was killed in Bangkok on Sunday. In January Suthin Thararin, a protest leader for the People's Democratic Reform Committee (PDRC), was shot to death in front of the Sri Eiam Temple in Bangkok while demonstrators blocked a voting station. The shooting came just five days after the Thai government declared a 60-day state of emergency, granting it broad powers to curtail the political unrest, including the ability to censor media, impose a curfew and detain suspects without charges. These powers are in addition to those granted in November when the prime minister invoked a special security law known as the Internal Security Act, which conferred broader powers on police forces attempting to contain the protests.

Mexico lawmakers introduce marijuana legalization bill

[JURIST] A group of left-wing Mexican lawmakers from the Party of the Democratic Revolution (PRD) introduced a bill on Tuesday to legalize marijuana in an effort to curb cartel violence. Since Mexican President Felipe Calderon launched a crackdown on drug cartels in 2008, Mexico has faced a wave of violence that has resulted in an estimated 70,000 deaths and 26,000 disappearances. PRD members plan on introducing a similar bill in the Mexican House next week. However, it is unclear whether the bill will ultimately be approved given that PRD is only the third largest party in Mexico's congress.

Marijuana legalization has been controversial in the US and abroad. JURIST Guest Columnist Alex Kriet predicts that 2014 will be a groundbreaking year for marijuana policy. On Friday the US Financial Crimes Enforcement Network (FinCEN) issued guidelines for banks to provide services to legal marijuana related businesses. Also last week Italy's constitutional court struck down a harsh marijuana sentencing law. Earlier this month Michigan's Supreme Court ruled that cities may not pass ordinances that conflict with the state's medical marijuana laws. In January, Florida's Supreme Court approved a citizen initiative to vote on the legality of medical marijuana. In December Uruguay President Jose Mujica signed a bill making the country the first to legalize the sale and production of marijuana.

German court sentences Rwandan ex-mayor on genocide charges

A German court has sentenced a former mayor to 14 years in prison for his role in the Rwandan genocide. It was the first trial connected with the genocide to have taken place in Germany.
..................................

On Tuesday, a court in the central German city of Frankfurt sentenced the former mayor of Kiziguro in Rwanda to 14 years' imprisonment for complicity in genocide.

The 56-year-old ex-mayor, Onesphore Rwabukombe (pictured above), was charged with having incited the April 11, 1994, massacre of hundreds of ethnic Tutsis who had sought refuge in a church in Kiziguro. Only a few survived.

The state prosecutor had called for a life sentence and relied mainly on witness accounts as there are no written records of the crime.

Defense lawyers pleaded for acquittal, citing contradictory testimony from witnesses. Rwabukombe denied the charges, and his lawyers are likely to appeal.

It is the first time a trial has been held in Germany in connection with the Rwandan genocide. Rwabukombe came to the country in 2002 and was granted asylum. He has been in detention awaiting trial since July 2010.

Because of their serious nature, crimes of genocide can be prosecuted anywhere in the world under universal jurisdiction.

In 1994, the Rwandan genocide claimed the lives of about 800,000 Tutsis and moderate Hutus, who were killed by some members of the country's Hutu majority.

tj/mkg (dpa, epd, AFP) DW

Dar actress Lulu denies killing actor Kanumba

BONGO Movie Actress, Elizabeth Michael Kimemeta, alias Lulu, denied killing her lover, Steven Kanumba, when she was arraigned at the High Court in Dar es Salaam.

She had been summoned to the court to answer a manslaughter charge she is facing following the death of Kanumba in 2012. Judge Rose Temba, who conducted the proceedings, adjourned the matter to next session when the full trial will take off.

Before adjournment of the trial, Senior State Attorney Monica Mbogo presented memorandum of facts, detailing how the offence was committed and disclosed that only four witnesses would be called by the prosecution to substantiate the allegations against Lulu.

She also tendered two exhibits, including a sketch plan of the scene of crime and the postmortem report, revealing that Kanumba died because of cardio respiratory failure due to increase of intracranial pressure with tonsilor herbiation of brain following traumatic brain concussion.

On the other hand, advocates Peter Kibatala and Fulgence Masawe, for the accused person informed the court that their client would call five witnesses to dispute the charge, though she admitted some of facts presented by the prosecution, notably her relationship with Kanumba.

Lulu is charged with murdering without intention a former local movie star Steven Kanumba on April 7, 2012, at Sinza Vatican. Kanumba was said to have been embroiled in a brawl with his girlfriend at his home.

Reading the memorandum of facts, the prosecutor alleged that on the material day, Kanumba spent a day at his home together with his young brother Seth Bosco. At around mid night, Kanumba told his young brother to prepare for outing.

“While preparing themselves, the accused person came and upon entering the house she went straight to the deceased room,” the prosecutor alleged. She went on, “After some few minutes, the deceased young brother heard the deceased and accused person quarreling.”

According to the prosecutor, Bosco also heard the deceased complaining as to why Lulu was talking to her boyfriend in his presence. Thereafter, she alleged, the quarrel went on and latter fighting whereas the accused person was heard crying.

“The deceased’s young brother approached the deceased bed room door and saw the accused person trying to force herself out of the room, but was pulled inside by the deceased and the door was locked from inside by the deceased,” the prosecutor further alleged.

Shortly later, she said, the accused person got out of the room and informed Bosco that Kanumba had fallen down. Bosco quickly entered the room and found his brother lying on the floor unconscious. He immediately informed Kanumba’s private doctor one Palpas Kageiya on the matter.

The deceased’s doctor rushed to the scene and upon examining Kanumba he realized he was already dead, but did not disclose such situation to Bosco. Instead, he advised that Kanumba should be taken to the Hospital.

When all such events were happening, Lulu had already left the place. At Muhimbili National Hospital where Kanumba was taken, the doctors examined his body and later he was pronounced dead.

The incidence was reported at Salender Bridge Police Station and later at Oysterbay Police Station. Lulu was arrested the same night at Bamaga area.

DAILY NEWS TANZANIA:

UN rights experts urge repeal of Kenya marital property law

[JURIST] Experts from the UN Working Group on discrimination against women in law and practice [official website], along with several other special groups within the UN, urged [press release] Kenya on Monday to repeal sections of the Marriage and Property Act [text]. According to the experts, the provisions effectively deny women the right to marital property upon divorce or death of their spouse without a showing that the woman made a contribution to property acquisition during marriage. The act became effective as of January 16, 2014, and could cost many women in Kenya lands where they currently reside, farm and generate income. The provisions were criticized for violating Kenya's human rights obligations to women under equal access to land and property rights. The head of the working group, Frances Raday stated that "very few women will be able to demonstrate such a contribution under the new provisions, since few Kenyan women have land title deeds in their own names and even less hold deeds jointly with men." The inability to demonstrate a woman's contribution could decrease a woman's security if the a woman's husband leaves his wife or children by removing all rights the woman has to her home and method of subsistence.

The UN and the Human Rights Watch (HRW) [advocacy website] have been calling for increased legal protections of women's rights worldwide. Last Thursday, HRW urged [JURIST report] the Somali government to adopt reforms to help prevent sexual violence against women and provide support for victims. Two weeks ago, HRW reported [JURIST report] that Iraqi security officials are detaining thousands of women illegally and subjecting them to torture, ill-treatment and threats of sexual abuse. Also that week, HRW encouraged [JURIST report] Afghanistan President Hamid Karzai [official website] to refuse to sign a law passed by parliament that they say would deny women protection from domestic violence and forced marriage. Early this month, the UN Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo [official profile] called on [JURIST report] the island nation of Seychelles to establish a National Action Plan to combat human trafficking, and to hasten to pass the draft anti-trafficking bill currently circulating in its legislature.

Karzai orders rewrite of latest Afghanistan anti-women law

Afghan President Hamid Karzai has ordered changes to a law called a setback for women's rights. The law had already been passed by both houses of parliament, which are dominated by conservatives and tribal chieftains.
...............................

On Monday, Karzai ordered amendments to legislation criticized for depriving abuse victims of legal protection. Both houses of parliament had passed the law earlier this month.
"The law is sent back to the [Justice Ministry] for amendment," Adela Raz, a presidential spokeswoman, told the news agency AFP on Monday.

Several international rights organizations had criticized the law for weakening protection for victims of domestic violence. One article would have banned family members from testifying against male relatives in cases of violence against women - preventing the most relevant witnesses, the victims themselves, from giving evidence.

"This law will not bar any relative or any family member to testify against each other or another member of family," Karzai spokesman Aimal Farzi told the Associated Press news agency. "It will be up to them. They will have the freedom."

'Effectively silencing victims'

Donor nations have pushed to cement women's rights before NATO troops withdraw at the end of 2014. From the Taliban takeover in 1996 up to the US-led NATO invasion in 2001, for example, the government had officially banned girls from attending school and forced women to wear burqas and prohibited them from many forms of public activity.

By presidential decree, Karzai enacted the landmark Elimination of Violence Against Women law in 2009 to protect against rape, forced marriage and the sale of women, but critics say its implementation has proved weak. The United Nations has repeatedly raised concerns that women's rights may have already begun to deteriorate as international attention on Afghanistan fades. Rights campaigners fear religious conservatives could seek to increase their influence and undermine advances ahead of April's presidential elections to choose Karzai's successor and the parliamentary vote in 2015.

The New York-based Human Rights Watch group had earlier called on Karzai not to sign the law, telling him that it "let batterers of women and girls off the hook." The group added that "the law would prohibit judicial authorities from questioning the relatives of a criminal defendant, effectively silencing victims of domestic violence and forced or child marriage."

mkg/dr (AFP, AP, dpa) DW

Turkish lawmakers approve bill increasing control over judiciary

[JURIST] Turkey's parliament on Saturday passed a law giving parliament more control over how judges are appointed. Amid protests over suspected government corruption and even violence inside parliament [Al Jazeera report] the ruling Justice and Development Party (AKP) [party website] pushed through the bill giving the Justice Ministry more control over the Supreme Board of Judges and Prosecutors (HSYK) [official website]. The bill comes amid growing controversy that has forced high level officials, including members of Erdogan's cabinet, to resign [JURIST report]. It also stems from the arrests of the sons of the interior minister and two other cabinet members in relation to the corruption investigation. The controversy has sparked protests, which police have begun cracking down on in recent days. Since the graft scandal broke, the Turkish government has transferred or dismissed thousands of police officers and hundreds of judges and prosecutors.

Last week the Turkish parliament approved [JURIST report] legislation to heighten Internet restrictions, granting the country's telecommunications authority the ability to block websites or remove content without the court's approval. In December Erdogan named [JURIST report] ten new members of his cabinet following the resignation of three members under investigation for graft. The controversy has highlighted some of the issues surrounding Turkey's judicial system. Also in December a Turkish court rejected [JURIST report] bids to release two members of the parliament for the Kurdish Peace and Democratic Party (BDP), Gulser Yildirim and Ibrahim Ayhan. Yildirim and Ayhan have been detained since 2010 when they were each charged with links to the militant Kurdistan Workers Party (PKK) [party website]. This decision came after Turkey's top court ruled [Turkish Weekly report] that the long-term detention of another member of parliament of the opposing party pending trial was in contradiction to the Constitution of the Republic of Turkey.


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