I am not aware of any complaint being made under, or by reference to, the Racial Discrimination Act in relation to either the Western Australian or the Northern Territory mandatory
detention laws.
[137] In relation to the mandatory sentencing /
detention laws in the Northern Territory and Western Australia, the government stated that:
While it is not the Commonwealth's role to defend the legislation of any particular State or Territory, the Commonwealth regards the Committee's comments in relation to mandatory
detention laws as inappropriate.
The Rapporteur asked further, in relation to mandatory
detention laws in the Northern Territory and Western Australia:
If mandatory
detention laws are discriminatory, they are lawfully so within the domestic legal system.
The mandatory
detention laws in the Northern Territory and Western Australia do not allow for a right of appeal against the sentence, if the sentence should equate with the minimum permitted, and is therefore in breach of the ICCPR.
Mandatory
detention laws cut judges out of the equation and effectively incarcerate people without a fair hearing, without taking the full range of circumstances in to account and fly in the face of the democratic concept of «separation of powers».
The report calls on the Commonwealth government to repeal the mandatory
detention laws of WA and the NT, given that those governments have chosen not to do so.
But the concerns are nevertheless very real and longstanding, ranging from the alarmingly high and entrenched levels of violence experienced by Indigenous women to punitive new immigration
detention laws; from the failure to tackle homelessness in the country to national security practices that
But the concerns are nevertheless very real and longstanding, ranging from the alarmingly high and entrenched levels of violence experienced by Indigenous women to punitive new immigration
detention laws; from the failure to tackle homelessness in the country to national security practices that... [more]
Not exact matches
Under the
law, within 72 hours of their capture, children from Central America must be transferred from immigration
detention to the custody of the Department of Health & Human Services.
That
law was filed after lawmakers, touring South Florida
detention centers in reaction to the Herald investigation, declared conditions to be «deplorable.»
On May 16, 2012, in response to a lawsuit filed by journalist Chris Hedges, Noam Chomsky, Naomi Wolf and others, [16] United States District Judge Katherine B. Forrest ruled the indefinite
detention section of the
law (1021) likely violates the 1st and 5th Amendments and issued a preliminary injunction preventing the US government from enforcing it.
So if we are supposed to learn morality from God, does this means that those international
laws against torture and indefinite
detention are not necessary?
Among them are life, liberty, security of person, freedom from slavery and from torture and inhumane treatment; equality before the
law; the right to judicial remedies for wrongs; freedom from arbitrary arrest and
detention; fair trials and due process of
law, including the presumption of innocence; privacy; freedom of movement; equal rights in marriage; freedoms of speech, press, assembly and association; and free elections.
This implies protection against torture, cruel inhuman and degrading treatment and against arbitrary treatment in the form of arrest,
detention or exile on grounds not established by
law.
An unlikely prophet, Desmond Tutu brought the Christian gospel into a real world of slums, pass
laws,
detentions and deferred hopes.
An unlikely prophet, he brought the Christian gospel into a real world of slums, past
laws,
detentions and deferred hopes.
My way of approaching the issue of whether to facilitate, conduct, or defend enhanced interrogation, he says, «is to urge that decisions about the
detention and interrogation of such prisoner be made according to the codes of those professionals involved in the process... rather than, say, according to the
law of the United States.»
Ministers have previously acknowledged flaws in the system, which was introduced under the Terrorism Act 2005 after the
law lords ruled the indefinite
detention of terror suspects without charge at Belmarsh prison was unlawful.
Human Rights Watch reports claim that while West African forces helped restore security in these crises, which took place over a decade ago, they were also complicit in serious violations of international humanitarian
law, including looting, harassment, and arbitrary
detention of civilians, as well as — in the case of Sierra Leone — summary executions of suspected rebels.
But Adegboyega Adeniyi, justice of the Abuja court, on Wednesday, held that the EFCC did not breach any
law by holding him, stressing that the
detention was not illegal since it was backed by an order of court.
In a celebrated case brought by a group of civil libertarians to the U.S. Supreme Court in 1942, Chief Justice Robert Jackson, against the strong argument of civil libertarians on the issues of «interrogation without the due process of
law» and prolonged
detention of suspects, gave his famous ruling that the United States «Constitution is not a suicide pact».
For example, China's Public Security Bureaus are granted such vague and wide - ranging powers to sentence individuals to re-education through labour that it is often difficult to make the case that an instance of
detention was in clear violation of the
law.
* A declaration that the
detention of the applicant by EFCC on January 5, 2016 at an unknown location, without access to his lawyers, family and doctors, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act,
Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
Wu's application triggered that
law, and after months in
detention, the young man was on course to be returned to China — a country he had not seen since he was 5.
«The Erosion of Civil Liberties: Pre-charge
Detention and Counter-Terror
laws», The Police Journal
His father - in -
law, Saeed Siddiqui, hosted the petition to «achieve the immediate transfer of Shaker Aamer to the UK from continuing indefinite
detention in Guantanamo Bay».
New York State must repeal existing marijuana
laws as many other states have done, otherwise New Yorkers will still be subjected to biased enforcement and needless loss of access to student loans, subsidized housing and other public benefits, and, for non-citizens, the risk of
detention and deportation.»
Ozekhome also pointed out that the continuing
detention of Suswam without recourse to Court or due process of
law constitutes a violation of his fundamental human rights guaranteed under Section 35 (1)(c) and (4) and 44 (1) of the 1999 Constitution (as amended) and is therefore illegal and unconstitutional.
Critics say the city
law shields undocumented aliens who commit serious offenses, including sexual abuse, prescription drug sales, bribery, money laundering, harassment, grand larceny and drunk driving, from federal
detention and deportation.
It is, therefore wrong for anyone to claim that some of the incidents are motivated by religion, ethnicity, tribalism and elitism when we are living witnesses to the fact that Sheik Ibrahim El - Zakzaky of Islamic Movement of Nigeria and Sambo Dasuki, the former National Security Adviser are both Muslims and Northerners, who have been in
detention for more than two years against all conventional
laws and court orders.
This was in reference to anti-terrorism
laws and in particular the extension to pre-trial
detention, that is perceived by many to be an infringement of habeas corpus established in Magna Carta.
He ruled that the
detention of foreign terror suspects without charge breached their human rights, said Britain's decision to invade Iraq breached international
law and was a committed and outspoken defender of the Human Rights Act.
The de Blasio administration is looking to take over a state - run
detention center in Brooklyn as it pushes to get teenagers out of Rikers Island by next year, as required by the new Raise the Age
law.
There is no evidence that the BTA has used or advocated violence during the recent protests and the NASUWT believes that their arrest and
detention is a deliberate attempt by the authorities to undermine the ability of a legitimate trade union to organise and a contravention of international human rights
law.
«There is no need, under the
law, to continue to keep her in
detention except to humiliate her; because the offence is a bailable one,» Onigbanjo said.
I recall Daves support for Blair bloodbath in Iraq, NHS Privatisation,
Detention without trial, Rendition, Torture and Anti Union
Laws
On - topic questions included the timing of the effectiveness of the
laws signed today and when ICE will close it's office on Rikers Island, how many people currently on Rikers Island will be covered by these
laws, details of Carlos Rodriguez (who was held on Rikers Island for eight months on an ICE detainer) path to this country and his thoughts during his eight month
detention, what Mayor de Blasio would like to see the federal government do about immigration and what he will do absent such action, what he would tell Republicans who think his approach is a dangerous precedent, de Blasio and Melissa Mark - Viverito's positions on municipal IDs and voting rights for non-citizens, the number of people arrested on misdemeanors and then subject to ICE detainers and whether persons arrested on felony charges must first go through the justice system before being subject to an ICE detainer.
We strongly call on the Federal Government to respect rule of
law and allow Sambo Dasuki to enjoy his bails, except if the intention of government is to kill him in
detention.
The Sultan Ibrahim Dasuki Progressive Association (SIDPA), for and on behalf of the entire members of Sultan Dasuki family, wish to request the Federal Government, under the leadership of Muhammadu Buhari, to respect the rule of
law in the case of our son, brother and cousin and the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) to release him from
detention
The new
laws, which have now come into effect, give teachers the right to break up fights in school, as well as issue after - school or weekend
detentions without parents» consent.
The final straw was Gov. David Paterson's surprise announcement to close a half - dozen upstate youth
detention facilities, a move which violates cooperative labor - management activities, may in fact violate state
law and could lead to loss of jobs.
Although he described his
detention as an «experience» Anyidoho said Ghanaians should allow the
laws and security agencies to work...
Although he described his
detention as an «experience» Anyidoho said Ghanaians should allow the
laws and security agencies to work without hindrances.
Even players who attempt to avoid trouble with the
law can be sent to an immigration
detention center for minor infractions — a possibility confronted by legal as well as illegal U.S. immigrants.
A small group of members has been meeting to discuss the School to Deportation Pipeline, how immigrant and undocumented youth in schools can face immigration consequences such as
detention and deportation when
law enforcement are allowed in and around schools or involved in school discipline related matters.
Americans for Immigrant Justice Non-profit
law firm that champions the rights of unaccompanied immigrant children; advocates for survivors of trafficking and domestic violence; serves as a watchdog on immigration
detention practices and policies; and speaks for immigrant groups who have particular and compelling claims to justice.
She is currently conducting mixed - methods research on: 1) the Deferred Action for Childhood Arrivals (DACA) program, 2) immigration
detention, deportation, and the intersections of immigration and criminal
law, and 3) Legally vulnerable workers including noncitizens and individuals with criminal records.
Sam attended
law school at the University of California, Berkeley, where he was the Managing Editor of the California Law Review, Associate Editor of the Berkeley Journal of Criminal Law, and a volunteer teacher at a juvenile detention cent
law school at the University of California, Berkeley, where he was the Managing Editor of the California
Law Review, Associate Editor of the Berkeley Journal of Criminal Law, and a volunteer teacher at a juvenile detention cent
Law Review, Associate Editor of the Berkeley Journal of Criminal
Law, and a volunteer teacher at a juvenile detention cent
Law, and a volunteer teacher at a juvenile
detention center.