Displaying items by tag: court case
Hawaii ordered to allow Good News clubs at every school
Child Evangelism Fellowship (CEF) has won a significant legal victory, securing a permanent statewide injunction allowing Good News clubs to operate in all public school districts across Hawaii. These weekly gatherings teach children aged 5-12 about the Bible, memory verses, and praise songs, while also fostering fellowship and fun. Represented by Liberty Counsel, CEF filed a lawsuit against Hawaii education officials after several school districts blocked the clubs from using public school facilities, while permitting secular groups access. The courts ruled that such actions violated the first and 14th amendments of the US constitution, ensuring religious organizations have equal access to public spaces. Fred Pry of CEF welcomed the ruling as a triumph for religious freedom and free speech. Liberty Counsel continues to defend Christian clubs in other states, with plans to challenge similar restrictions in California. This victory highlights the enduring importance of protecting constitutional rights for faith-based organizations in public settings.
France: author guilty of downplaying Rwandan genocide
French-Cameroonian author Charles Onana has been found guilty of downplaying the Rwandan genocide, which resulted in the deaths of approximately 800,000 people in 1994. He was fined €8,400, and his publisher was fined €5,000. The two must also pay €11,000 in compensation to human rights organisations which filed the lawsuit. A Paris court ruled that Onana’s book, published in 2019, trivialised and contested the genocide in an ‘outrageous manner’, violating France's laws against genocide denial and incitement to hatred. The book suggested that the narrative of a planned genocide by the Hutu government was a ‘scam’, a claim criticised for distorting historical facts. Rwanda's foreign minister has welcomed the court’s decision as a victory. This is the first time in Europe that those denying the genocide have been punished under French law.
Tommy Robinson jailed for contempt of court
Far-right activist Tommy Robinson was sentenced to 18 months in prison after breaching a court order not to repeat false allegations about Syrian refugee Jamal Hijazi. Robinson, who founded the English Defence League, was initially sued for libel in 2021 and ordered to pay £100,000 to Hijazi after his unfounded accusations severely impacted the teenager and his family, who had relocated to the UK for refuge. The court issued an injunction barring Robinson from continuing these allegations, which he breached by producing a film entitled Silenced and making further comments in interviews. Robinson admitted that this constituted contempt of court. His case has sparked protests from his supporters, who gathered in London demanding his release.
Two more universities win court orders on Gaza protest camps
Following ongoing Pro-Palestinian demonstrations that have taken place at university and other campuses nationwide, the Universities of Nottingham and Birmingham have secured court orders to end student protests occupying campus areas. The High Court's orders ruled in favour of the universities, determining the students were trespassing and suggesting alternative protest methods. The protests, part of a broader movement across British universities, accuse institutions of being complicit in Palestinian casualties and call for divestment from arms firms. In Birmingham, Mariyah Ali, a named defendant, expressed disappointment but remains committed to her cause, considering an appeal. In Nottingham, former student River Butterworth faced legal action. Mr Justice Johnson concluded that the protesters had no substantial case against the universities and that their human rights were not infringed. The London School of Economics had similarly barred encampments in May.
Diego Garcia: USA blocks court hearing on detention of migrants
The US government has blocked a British court hearing on the British Indian Ocean Territory (BIOT), citing security concerns. The hearing was to address the alleged unlawful detention of migrants on Diego Garcia, a highly secretive UK-US military base. Dozens of migrants had landed on the island in 2021, claiming that they were fleeing persecution and seeking asylum in Canada, but their boat had run into difficulties: they have been detained since then. On 9 July, the day before the hearing was due to start, the USA withdrew consent for lawyers and the BBC to access the island and refused to provide transport and accommodation, claiming that their visit posed ‘risks to the security and effective operation’ of the base. The cancellation is a severe setback for the migrants, who sought to demonstrate their detention conditions.
Home Office unlawfully axed Windrush measures
The High Court has ruled that the Home Office unlawfully dropped key recommendations from the Williams Review of the Windrush scandal. The 2020 review made thirty recommendations, all accepted by then-home secretary Priti Patel. However, in January 2023, Suella Braverman dropped three recommendations, including establishing a migrants' commissioner and increasing the powers of an independent chief inspector. Trevor Donald, a Windrush victim, challenged this decision, arguing it was discriminatory. The court agreed, calling the actions 'disproportionately prejudicial' and 'conspicuously unfair.' The Windrush scandal emerged in 2018, revealing that many Commonwealth citizens were wrongly detained or deported despite having the right to live in the UK. Many lost homes, jobs, and access to healthcare. The Home Office, which is now considering the judgement, has already paid £88.6m in compensation to affected individuals. The Government is now being urged to implement the review recommendations fully and ensure accountability.
Rwanda: civil servants mount court challenge over new law
The FDA union, representing senior civil servants, has initiated a legal challenge against the new law related to the Rwanda deportation plan. This law allows ministers to bypass the European Court of Human Rights, potentially placing civil servants in legal jeopardy by forcing them to arrange deportation flights that could contravene international law. The Government insists that the actions taken under this law are compliant with the Civil Service Code. However, union members, concerned about the ethical and legal conflicts this might cause, are seeking a High Court ruling to clarify their obligations. The Rwanda plan is part of Rishi Sunak's strategy to deter migrants from crossing the English Channel. It has been criticised for possibly exposing migrants to harm, and has sparked nationwide operations to detain individuals for deportation to Rwanda. The union's case, demanding clarity on the legality of their required actions, underscores the profound discomfort among many civil servants.
USA: Trump on trial, could face many witnesses
On 15 April Donald Trump became the first former president ever to face a criminal trial. He is accused of falsifying business records related to hush money payments to actress Stormy Daniels (who claims that he had sex with her) before the 2016 election. Prosecutors allege Trump reimbursed his lawyer, Michael Cohen, for the payments and falsely labelled it as a legal fee. Trump pleaded not guilty and called the case a ‘witch hunt.’ New York judge Juan Merchan has named over forty potential witnesses, including many former associates, including Cohen and Rudy Giuliani, as well as Trump's family members and former employees. Merchan has also warned Trump of potential jail time for disrupting or refusing to attend the trial without a valid reason. In jury selection, many potential jurors are being ruled out because they could not be impartial. What is not clear is whether this trial will influence the result of November’s presidential election: see
Thailand: Move Forward party loses court case over royal insult law
Thailand's constitutional court has ruled that the Move Forward party's campaign promise to amend the strict royal insult law during the 2023 election amounted to an attempt to overthrow the monarchy. The case was initiated by a conservative activist lawyer, who argued that the party's pledge to amend the lèse-majesté law violated Section 49 of the constitution. The nine judges unanimously ruled against Move Forward, stating that its efforts to change the law undermined and weakened the monarchy, posing a significant danger to the state's security. Move Forward was ordered to cease any activities violating Section 49. The party is not being disbanded, but the lawyer has said he might make a new petition asking the election commission to do so. Move Forward's leader warned that the ruling could further make the royal institution increasingly ‘a factor behind conflicts in Thai politics’.
Silent prayer near abortion facility
Adam Smith-Connor has pleaded not guilty to charges related to breaking a local ‘buffer zone’ around an abortion clinic and praying silently outside the medical facility. He was approached by police outside the clinic earlier this year. He thought he would not be prosecuted, as the statutory time-limit for pressing charges had elapsed. At his hearing on 9 August he said, ‘We are standing in the nation of the Magna Carta, the nation which has championed democracy and freedom. We have a history of upholding human rights we can be proud of and a respect for freedom that I fought to uphold when I served this country for twenty years in the army reserves, including in Afghanistan. Yet here I stand before you, being prosecuted for a thought crime.’ His legal team contend that freedom of thought is protected absolutely through the Human Rights Act and therefore, the local council has no power to prohibit silent prayer.