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Title: (UN) Court tells France to pay damages to Somali pirates
Source: [None]
URL Source: http://www.bbc.com/news/world-europe-30326397
Published: Dec 6, 2014
Author: Staff
Post Date: 2014-12-06 07:51:46 by out damned spot
Keywords: France, UN, Pirates
Views: 5086
Comments: 29

The European Court of Human Rights says France violated the rights of Somali pirates who had attacked French ships and has ordered compensation for them over judicial delays.

The nine Somali pirates should get thousands of euros because they were not immediately brought before a French judge, the court ruled.

One is to get 9,000 euros (£7,000) and the others sums of up to 7,000 euros.

The judges faulted France for keeping them in custody for an extra 48 hours.

The pirates had held French citizens hostage after seizing a French-flagged cruise ship and a French yacht in 2008.

The French military captured the pirates on the Somali coast in two operations, after the hostages had been released for ransoms of $2.1m (£1.3m) and $2m.

Indian Ocean shipping has been plagued by pirate gangs operating off Somalia in recent years, but international naval action in the region has sharply reduced the attacks.

Days in custody Before transferring the pirates to France, the authorities held one group for four days and the others for six days and 16 hours.

But the extra 48 hours of custody on French soil violated the pirates' right to liberty and security under the European Convention on Human Rights, the court ruled.

The convention's Article 5.3 "was not designed to give the authorities the opportunity to intensify their investigations for the purpose of bringing formal charges against the suspects", a court statement said.

The judges argued that the time between their arrest and transfer to France was already enough for France to draw up charges, instead of delaying for another 48 hours.

Court judgements are binding on signatories to the convention.

The judges did not challenge France's right to arrest the pirates inside Somali territory, under UN anti-piracy rules.

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Begin Trace Mode for Comment # 23.

#8. To: out damned spot (#0)

http://conventions.coe.int/Treaty/EN/Treaties/Html/005.htm

Convention for the Protection of Human Rights and Fundamental Freedoms

as amended by Protocols No. 11 and No. 14

Rome, 4.XI.1950

Article 5 – Right to liberty and security

  1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

    1. the lawful detention of a person after conviction by a competent court;

    2. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

    3. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

    4. the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

    5. the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

    6. the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

  2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

  3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

  4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

  5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

nolu chan  posted on  2014-12-06   19:42:49 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan (#8)

Convention for the Protection of Human Rights and Fundamental Freedoms

as amended by Protocols No. 11 and No. 14

Rome, 4.XI.1950

Article 5 – Right to liberty and security...

So what position are you taking here? Does "right to liberty and security" apply to...Pirates...mass murderers...rapists...butchers without exception?

Liberator  posted on  2014-12-06   23:55:33 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Liberator (#14)

So what position are you taking here? Does "right to liberty and security" apply to...Pirates...mass murderers...rapists...butchers without exception?

It looks he would apply them to blacks engaged in crime against whites, when the whites resist being crime victims. Whites seem to have no similar rights under his doctrine, only the obligation to be the victim.

nativist nationalist  posted on  2014-12-07   11:20:06 ET  Reply   Untrace   Trace   Private Reply  


#23. To: nativist nationalist (#17)

It looks he would apply them to blacks engaged in crime against whites, when the whites resist being crime victims. Whites seem to have no similar rights under his doctrine, only the obligation to be the victim.

We could draw that conclusion.

Such is the moral relativist view of those "lawyers" who uphold tyranny masquerading as "law." These ilk also presided over Hitler's Kangaroo Courts.

Liberator  posted on  2014-12-10   12:23:22 ET  Reply   Untrace   Trace   Private Reply  


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