12 Jun
2021

Military justice threatens confidentiality of sources in corruption case

first_img November 11, 2020 Find out more Chile: RSF calls for exemplary investigation into Chilean photographer’s murder News Organisation Journalists face archaic sanction of capital punishment in some parts of the world Reporters Without Borders accuses Chile’s military justice system of violating freedom of information by pressuring the staff of the political weekly The Clinic to reveal their sources for a series of reports about alleged corruption and embezzlement involving many army officers.The Clinic owner and legal representative Pablo Dittborn, publisher Patricio Fernández, editor Andrea Moletto and Mauricio Weibel, the reporter who wrote the stories, were summoned for questioning at the start of October by Rodrigo Acevedo, the military judge in charge of investigating the leaks leading to the exposure of the so-called “Milicogate” scandal.However, Chile’s military courts have not been empowered to investigate cases involving civilians since 2011 and, in theory, are limited to handling cases directly linked to the armed forces.Officially, the magazine’s owner and staff members were just questioned as witnesses but in practice they were pressured to reveal their sources. The confidentiality of the media’s sources is nonetheless guaranteed by Chile’s press law (Ley de Prensa) and by rulings on this subject issued by the Inter-American Court of Human Rights, which Chile is required to respect.“This violation of the confidentiality of sources and attempted intimidation by the Chilean military justice system are unacceptable and constitute a grave violation of media freedom and democracy in Chile,” said Emmanuel Colombié, the head of the Reporters Without Borders Latin America bureau. “We urge the Chilean authorities to respect the press law and Chile’s international obligations.”Weibel’s reports exposing the Milicogate scandal were published in The Clinic in August. They revealed the existence of a major ring involving officers and other military personnel who allegedly embezzled millions of dollars in public funds from 2010 to 2014 and spent the money on holidays, parties, horses and casinos.The government has so far said nothing publicly about the corruption scandal or the methods used by the military justice system in an attempt to hush it up. The government’s silence is all the more worrying because it is the first time that Chile’s military justice system has interrogated journalists in this manner.Weibel was given police protection in 2012 and 2013 after he wrote a book containing revelations from the 1973-1990 military dictatorship’s secret archives. At the time, he received many threats, his home was broken into and his laptops were stolen.Chile is ranked 43rd out of 180 countries in the 2015 Reporters Without Borders press freedom index. Forum on Information and Democracy 250 recommendations on how to stop “infodemics” News News ChileAmericas November 27, 2015 – Updated on May 12, 2016 Military justice threatens confidentiality of sources in corruption casecenter_img Receive email alerts to go further November 26, 2019 Find out more News RSF_en Help by sharing this information Follow the news on Chile July 6, 2020 Find out more ChileAmericas last_img read more

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26 May
2021

‘This Is The Height of Police Apathy’: Delhi HC Directs Proceedings Against Police Officers For Not Registering FIR On Complaints of Abuse and Harassment of a Dalit Man [Read Judgment]

first_imgTop Stories’This Is The Height of Police Apathy’: Delhi HC Directs Proceedings Against Police Officers For Not Registering FIR On Complaints of Abuse and Harassment of a Dalit Man [Read Judgment] Karan Tripathi28 April 2020 11:54 PMShare This – xThe Delhi High Court has directed for initiating proceedings against police officers, under section 4 of the SC/ST (Prevention of Atrocities) Act, who willfully did not register the FIR upon receiving complaints of abuse and harassment of a Dalit man. While directing the trial court to initiate proceedings against such police officers, the Single Bench of Justice Suresh Kait noted that…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court has directed for initiating proceedings against police officers, under section 4 of the SC/ST (Prevention of Atrocities) Act, who willfully did not register the FIR upon receiving complaints of abuse and harassment of a Dalit man. While directing the trial court to initiate proceedings against such police officers, the Single Bench of Justice Suresh Kait noted that the aggrieved Dalit man ran from pillar to post to get justice, but the present case exemplified the hight of deafness of Delhi Police, especially the SHO of the concerned police station. The present criminal appeal was moved under section 14 on the SC and ST (Prevention of Atrocities) Amendment Act, 2015, as well as under section 482 of the Criminal Procedure Code, for setting aside of an Order dated 05/06/18 passed by the Additional Sessions Judge, Saket.Allegations in the complaint An accomplished international equestrian, the appellant moved the court claiming that he was continually harassed and criminally intimated for his identity as a person belonging to a Schedule Caste.He contended that the defendants, who belonged to privileged socio-economic and elite backgrounds, publically humiliated, threatened and abused him by using derogatory casteist slurs, as well as criminal intimidation. The defendants were alleged to have formed a WhatsApp group to plot an acid attack on the appellant, and to torture and kill his trainer, and his counsel in this case – Mr Kapil Modi. On 22.04.2018, Kapil Modi registered a complaint in Fatehpur Beri police station. In this complaint, he alleged: “Plan of Acid Attack on my Schedule Caste student Prashant (aka Praveen Kumar)”. However, the Police did not take any action on the said complaint. After this, one of the defendants allegedly called up the appellant and threatened him for lodging the complaint by saying that she’ll get him beaten up by police. Fearing his life and safety, appellant went to register a complaint on 29.04.18 at the same Fatehpur Beri police station, but the police officials allegedly refused to register his complaint and turned him away. The appellant also tweeted a cry for help and justice to both the Prime Minister as well as Commissioner of Delhi Police. On 11.05.2018, appellant received an e-mail from Commissioner of Police directing Special Commissioner of Police (Southern Range) to take necessary action on the appellant‟s complaint. On 14.05.2018, alleging inaction by police and other authorities, appellant filed an application under Section 156(3) Cr.P.C before the Metropolitan Magistrate in Saket Court. However, the said Magistrate adjourned the matter for 2 months after directing the police to file an Action Taken Report. Appalled by this order, the appellant moved an application seeking a shorter date but the same was orally dismissed by the Magistrate. Subsequently, the appellant also wrote letters to the Police Commissioner as well as the Chief Justice of India highlighting how the subordinate courts are ignoring the cause of providing justice to Dalits. After that, the appellant had moved a complaint before the Additional Sessions Judge citing that the police as well as the Magistrate have not performed their duty under section 4 of the SC/ST Act. Thereafter, on 05.06.18, the concerned ASJ dismissed the applicant’s application under section 4 of the SC/ST Act. This led him to approach the HC.Submissions in HC Appearing for the appellant, Mr Kapil Modi argued that the concerned ASJ in utter disregard, willfully neglected their duties prescribed under section under Sections 5 and 4 r/w 15A(8) (C) of SC & ST Act r/w Rules 5 & 7 of the Rules 1995 and most importantly in utter disregard and knowingly disobeying the directions of Hon’ble Supreme Court judgment in Lalita Kumari vs. State of Uttar Pradesh. Section 4(2)(b) of the said Act states that: “it is the duty of the public servant to register a complaint or first information report under this Act and other relevant provisions and to register it under appropriate sections of this Act.” He further submitted that presiding officers of both the courts below failed to discharge the judicial duties judiciously and not being sensitive to the intention of the statute with due diligence and passed erroneous orders. While raising objections on Mr Kapil Modi’s authorised representation of the appellant, the state’s counsel argued that the appellant never lodged any complaint with the Fatehpur Beri police station. Rather, the complaint from the Commissioner’s office on 31/05/18. The state further submitted that the complaint was unsubstantiated, lacked a prima facie case under the SC/ST Act, and looked more like an afterthought to counter the allegations put up by the defendants. Lastly, it was argued by the state that there was no willful neglect of the police officials named in the present case as at the time of the alleged incident, the directions of the Supreme Court were to first initiate an enquiry before registering a case under Prevention of Atrocities on ST/SC Act.Findings of the Court To begin with, the court rejected the argument challenging Mr Modi’s appearance in the present case under section 15 by noting that in a letter issued by National Campaign on Dalit Human Rights, Mr. Kapil Modi‟s contribution have been recognized along with the International Dressage Development League for their significant contribution in making the Olympic sport of Dressage accessible to Dalits via the IDDL competition platform. The court observed that: ‘It is further stated in said letter that in India, Dalit men and boys are beaten and murdered for riding a horse. The contribution of Mr Kapil Modi and the IDDL in achieving the constitutional goal of equality for Dalit horse riders is greatly appreciated by the NCDHR.’ Therefore, the court found Mr Modi competent to represent the appellant in the present case. After taking the facts of the case into consideration, the court observed that: ‘there was an imminent danger of the life and persons of the appellant. He lost his peace of mind because being in reasonable apprehension of danger to his person and completely disturbed and perturbed fearing acid attack from the alleged accused persons. Moreover, there was reasonable and bonafide belief that evidence in electronic form may be destroyed or tempered with.’ The court also noted that as per the Supreme Court’s judgment in Subhash Kashinath Mahajan’s case, preliminary enquiry must be conducted within 7 days, whereas in the present case, enquiry report was submitted by the ACP on 18.06.2018 i.e. after 59 days. Therefore, the court observed, while there was embargo on registering FIR for offences under SC/ST Act, there was no embargo for registering FIR for other offences. The court further went on to highlight that allegations falling under SC/ST Act, the SHO of Police Station Fatehpur Beri was duty bound to entertain complaint and perform his duty required to be performed under section 4(1) and 4(2) of the SC/ST Act, however, he failed to do so. Moreover, the courts below have ignored the above facts. Click Here To Download Judgment[Read Judgment] Next Storylast_img read more

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21 Apr
2021

viewpoint

first_imgIt is good news for the baking industry that it will have one show, with the sole aim of promoting bakery machinery, ingredients and baked goods (pg 4). The agreement between BEL, the board which ran Food & Bake exhibition, and Wm Reed Exhibitions, which will launch The Baking Industry Exhibition at the NEC in April 2008, means a show that will carry the whole industry and also have theatre, live demonstrations and widespread promotion through many media.So I would urge companies taking part, or just thinking about it, to save new launches or new developments for the show. Why? Because the one question on everyone’s lips from buyers to the media is always: “What’s new?” Of course, you will have exclusive clients whom you may want to tell first. But you will attract a much wider number of new customers if you keep something important back for the show. It’s not every day that someone invents a stress-free divider, launches a new loaf into Marks & Spencer, called a ciabatta, or creates a confection named after a vegetable that becomes a best-selling carrot cake! But these have all become talking points and at least two of them were launched at shows. So if you can come up with a potential best-seller, keep it under wraps, but do develop it in time for April 2008.As always in this fast-moving industry, much has happened this week. Carr’s Milling predicts a significant deterioration in flour margins because of resistance to the price increase – an increase that has been fully explained in this magazine and elsewhere and is fully justified.And if you are a craft baker, could I urge you, without delay, to sign up for Doughnut Week, sponsored by BakeMark. You can phone craft baker Christopher Freeman or register online but please do not miss this opportunity of raising your profile in your local community, raising your profits and, at the same time, raising money for the Children’s Trust (pg 4).Elsewhere this week, fats expert, the highly knowledgeable Gordon Kirkwood, MD of Vandemoortele, delves into the technicalities of trans fatty acids – and their substitutes (pg 16). And we also delve into the background of Allied Bake- ries’ biggest-ever relaunch of its Kingsmill brand (pg 14).last_img read more

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2 Mar
2021

Horseshoes & Hand Grenades Talk New Music, Life On The Road And More

first_imgWisconsin acoustic ragers Horseshoes & Handgrenades has seen their stock rise in the music community over the past year or so, behind a workhorse load of touring and bringing the people what they want: hard-picking bluegrass and old-time music. They’ve toured with heavyweights like Yonder Mountain String Band and Greensky Bluegrass and been able to impress people in new places with both their intense musicality and their palpable enjoyment that comes from playing in front of people. Probably the person who sports the biggest grin during shows is singer and guitarist Adam Greuel. Live for Live Music’s Garrett Bethmann had the chance to talk with him Saturday at the High Sierra Music Festival in Quincy, CA as he was preparing for a long day of workshops and late-night sets. A sort of mutual admiration society commenced as Greuel revealed his religious dedication to checking up on Live for Live Music to check the pulse of the live music scene, and we revealed our love for what Horseshoes & Hand Grenades are doing up on stage.Bright days are ahead for Greuel and company! Read below to find out where the guitarist thinks you can find some of the best musicians at a festival and what the plan is for a new album.This interview has been edited slightly for length and clarity.Live For Live Music: I have a recorder on both my phone and my computer, I am using the computer today just cause it is a little more high-tech. Adam Greuel: My buddy Charlie Parr, he’s recording like shit tons of demos and stuff on his phone while he’s driving. Its funny because its Charlie Parr, a rootsy, organic dude, and I am just envisioning him driving his truck and recording on his iPhone, sort of struggling (laughs).L4LM: I caught y’alls set on Friday and met you at WinterWonderGrass briefly, when you flew in from…Greuel: Yonder! From the Yonder tour. Straight from Austin on the Yonder tour to WinterWonderGrass. And then our fiddler wasn’t able to be there. So Tim Carbone from Railroad came and played the three sets with us and that was a hoot. Then we got to know him sort of well kind of as a result and that was really cool. L4LM: So what has this experience been like, cause this is your first time at High Sierra. What were you guys doing yesterday?Greuel: Again we kind of came in on a whim. We had gotten here just before our set. I think one cool thing from California festivals is the vibe of the people. It is just so damn mellow. So laid back and kind. They have this gentle kindness to them, and you can feel that and it is fun to be a part of. It is fun to take a little bit of our midwest roots and bring it out west where maybe people haven’t seen that kind of thing. It certainly feels that way in the times we’ve been out here. But the positive energy is alive and well here at High Sierra.L4LM: This is my first time here at this festival and you guys hit up a lot of festivals I am sure, right? But how many are you able to actually stay and enjoy? You guys are playing tonight as well with Greensky.Greuel: Dude that is the best! You’re right, a lot of the times we have to come in and leave right away. But it is sweet when you get to spend time at a festival and you begin to understand the sense of family and community that exists at music festivals, that along with music pulls people there. That energy that is created by people helping one another or getting behind something together. The energy of the collective. You get to start to see that. Like here, you walk around, and everyone is down to help each other. Like “Hey do you have a beer? You look like you need a beer.” Or, “Hey you’re hungry? I just cooked up some food and come on over to our camp and hang out.”You get to see the kindness of people and the culture of the people in that area. L4LM: What has the vibe at High Sierra been like?Greuel: It was good. Our set was really, really fun. We had shown up really quick and everyone who runs the festival was super nice, way down to help you out. It’s interesting because the crowd is a lot more mellow. Like definitely when the song ends they’re really excited and rage, but during the song there is a lot of minds really thinking about the music, which is different than what we are used to in the upper midwest. So that was a neat component. I’m excited tonight about our late night set and that is really one of our more favorite times to play; play at midnight with our friends Greensky Bluegrass. That will be raging. We got to know them after a month long tour this year. We are also hosting at like 5:15 p.m. we are hosting a pick, a bluegrass pick. There are a lot of great americana and folk bands that are here like Gipsy Moon and Billy Strings and the bluegrass pick will be a chance to play with everyone. L4LM: Have you ever doing anything like that?Greuel: We are sort of notorious for fostering collaboration. We dig on that. It is a strong component in all of the americana scene, I think. There is a language we are all speaking with music that makes it easy for those collaborations. Even if you don’t know the song you can sort of communicate it using your instrument to fellow musicians. We love feeling other bands vibes, getting to co-mingle. Cause there is so much new music happening. The more you travel around the more you realize you are just a small piece of the puzzle. L4LM: Yeah, one thing that has been fun for me is walking around the campgrounds because right where I am camped there are like three bands that all brought in their equipment and are jamming all throughout the day and night. Have you been able to get into the campgrounds at all?Greuel: That is awesome! So that will be my tonight. We had a big day yesterday and I zonked out early. I did catch Chis Robinson Brotherhood who I had never seen before. I wanted to catch their set after I met Neal (Casal), their guitar player, when he was working with the Hard Working Americans— and still is. So that was sweet. I love the campfire jams because some of the best songwriters and musicians are there, not on the stages. Just cause 2,000 people are at a show enjoying someone’s music, doesn’t mean they are any better or have any more musicianship than the guy playing for five friends in his campsite. I find that to be really inspirational. There is so much good music out there and you never know who you are going to stumble upon that will revitalize your muse. L4LM: Is there anyone you want to see Saturday?Greuel: Dr. Dog. A lot of friends have hipped me to them but I haven’t heard one song of theirs, so I going to heed the call. But I don’t know man, I love all the kinds of music. One thing about Horseshoes and Handgrenades is that we are rooted in bluegrass and old-time music, but our approach to it is really open. We want to take any of our musical interests and incorporate it into acoustic music. For instance our bass player Sam (Odin) is really into Miles Davis and jazz.L4LM: He looks like he is into jazz.Greuel: Yeah he does (laughs), and he’s good at it too. Our accordion and harmonica player Dave (Lynch) is really into cajun music. That works its way into our stuff. I love that San Francisco rock and roll. Chris Robinson Brotherhood was awesome for what I am into. But we like it all and at a festival like High Sierra, where it is just a big ball of music, it is a great fit for us to walk around and experience it all and put it in our pocket for later in our own music. L4LM: What are you guys working on right now? I know you guys have a lot of things on SoundCloud and are touring a bunch. When can we look forward to something getting pressed to tape?Greuel: So there are five guys in the band and we all song write often. It is just part of my life, I’ll write a couple songs in a week. There is tons of material all the time. The biggest obstacle to recording is the fact we love touring. So this winter we’ve specifically planned to take time off to record a record and come out with that at some point in 2017, probably the first half. We’ve got three studio albums so far so this will be the fourth one. I think we are going to have some friends come on there and do some recording, friends we’ve met along the way like Tim Carbone. We are going to see where it takes us, we’re excited about it with plenty of songs to choose from. L4LM: I’m really excited for new music and seeing you play. You always look like you are so stoked to be up there playing, which I really appreciate and gravitate towards.Greuel: I mean it comes from a place of joy and a real sense of happiness. I think if folks can come to a show and forget about everything else for an hour and a half, and if helps them feel good that is awesome. It makes me feel really, really good. Music for me is an outlet and I don’t know if I ever feel better than when I am up on stage playing and I can look out into the crowd and see folks beaming with a smile, or crying, or even zoning out. Whatever people need to do I hope we can help facilitate that and they can get the release they need. That is the biggest joy in playing music.last_img read more

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