Sunday, January 29, 2017

Greek court rejects extradition for Turkish servicemen

Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt.

Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to face a fair trial if returned to Turkey.

The eight officers fought extradition in a six-month legal battle, arguing that they face mistreatment in prison if returned.

Justice Minister Stavros Kontonis earlier this week had said he would respect the court decision and not make use of executive powers in the extradition case.

Lower courts issued mixed decisions on the return of the officers in a series of separate hearings.

The extradition case has further complicated ties between neighbors and NATO allies Greece and Turkey, which remain at odds over war-divided Cyprus and boundaries in the Aegean Sea.

Hours ahead of Thursday's decision, Turkish Foreign Ministry spokesman Huseyin Muftuoglu said he expected the servicemen to be returned.

"Our greatest expectation is for the coup plotters to be delivered to the Turkish judicial (authorities). We shall be following the results of this case," he said. "These coup plotters should not go unpunished."


Driver due in court in Cleveland officer's hit-and-run death

The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.

Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.

Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.

Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.

A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.


Sunday, January 22, 2017

Ethics measure backers ask high court to let them join case

Supporters of a voter-approved government ethics overhaul are asking the state Supreme Court to allow them to join a lawsuit challenging the initiative filed by Republican lawmakers.

South Dakotans for Integrity, a political committee that supported the initiative, is arguing that a lower court judge was wrong in denying their push to intervene in the case.

The judge in December issued an order blocking the entire law from taking effect while the court challenge moves forward.

The group can't appeal that order because they aren't intervenors. South Dakotans for Integrity says the majority of voters who enacted the measure have the right to be represented by advocates whose allegiance is "unquestionable."

Those bringing the lawsuit contend that provisions in the law are unconstitutional. The attorney general's office is defending it.



Supreme Court to hear case about party in vacant DC house

The Supreme Court will hear a case in which people arrested for having a party in a vacant house sued police for violating their constitutional rights and won.

The justices said Thursday they will review lower court rulings in favor of 16 people who gathered in a house in Washington about three miles east of the nation's Capitol for a party.

Police arrested the group after no one could identify whose house it was, some said it was a birthday party and others said it was a bachelor party. No one could identify the guest of honor. Several women were scantily clad, with money hanging out of their garter belts. The officers said that the scene resembled a strip club, according to court papers.

Several of the partygoers said someone named "Peaches" gave them permission to have the party.

But when an officer later contacted the purported owner of the home, he denied having given anyone permission to have a party.

The group was arrested for trespassing, a charge later changed to disorderly conduct and then dropped altogether. But the 16 people sued for false arrest and were awarded $680,000.

The issue for the court is whether the officers had sufficient reason to arrest the group for trespassing. The court also will determine whether the officers should be shielded from liability even if their actions are found to violate the law.

A panel of the federal appeals court in Washington upheld the judgment, but four other judges on the court said that the officers should have been protected, citing a string of Supreme Court decisions.

Court ponders mass murderer Breivik's prison conditions

An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.

The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.

Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.

The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.

He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."

Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.

The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.

In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.

But it dismissed Breivik's claim that his right to respect for private and family life was violated by restrictions on contacts with other right-wing extremists, a decision that Breivik is appealing.

If the state loses the appeal, Breivik's prison regime will have to be revised. The government could decide to take the case to the Norwegian Supreme court. A ruling is expected in February.