Showing posts with label Mhango. Show all posts
Showing posts with label Mhango. Show all posts

Monday, 10 January 2011

the court change

To post here my simple standard summary of the court change and what it is. For the benefit of any supporters of the Tommy Sheridan juror who is now in trouble, or of Julian Assange, Shaker Aamer and Ahmed Belbacha still in Guantanamo, the Long Lartin detainees, or any of the targets of threatened asylum deportations, e.g. Gamu Nhengu, Precious and Florence Mhango, Ahmer Rana. [Jan 28: and Brenda Namigadde. ]

This massive advance in
democracy (Yes2AV) starts in Europe, but applies to most of the world if folks want to lay claim to it. Since 7 July 1999 all court or other legal decisions are open-endedly faultable on their logic, instead of final. "Open to open-ended fault finding by any party".

Its shifting of power in favour of ordinary people ensures this court change has been kept under a media silence. Still, it is on publicly traceable record through petitions 730/99 in the European, PE6 and PE360 in the Scottish, parliaments.

This follows from my European Court of Human Rights case 41597/98 on a scandal of insurance policies requiring evictions of unemployed people from hotels. This case referred to violation of civil status from 13 May 1997, yet the admissibility decision claimed the last stage of decision taken within Britain was on 4 Aug 1995. ECHR has made itself illegal, by issuing a syntactically contradictory nonsense decision that reverses the physics of time, and calling it final. This violates every precedent that ECHR member countries' laws recognise the chronology of cause and effect, in court evidence.

Hence, the original ECHR is now, and since then, an illegal entity, because it broke all preexisting precedent that courts recognise the correct order of time, and it claimed a power of finality to issue decisions whose content is a factual impossibility. But for the original ECHR to lapse in this way, also breaches the European Convention's section on requiring an ECHR to exist. Hence, this section requires the member countries to create a new ECHR that removes the original's illegality. The source of the illegality being left standing was in the claimed power of final decision. Hence, the only way the new court can remove the illegality is by being constituted such that its decisions are not final. If decisions are not final, the only other thing they can be is open-endedly faultable.
This requires the courts in the member countries to be compatible with open-ended decisions and with doing in-country work connected to them. Hence, legal decisions within the member countries' courts also cease to be final and become open-ended, in all the Council of Europe countries.

The concept of "leave to appeal" is abolished and judges no longer have to be crawled to as authority figures. Every party in a case is automatically entitled to lodge a fault finding against any decision, stating reasons. These are further faultable in return, including by the original fault finder, stating reasons. A case reaches its outcome when all fault findings have been answered or accepted.

The first fault finding to make, is that all unaffordable legal costs are abolished by how they conflict with the world human rights principle of access to justice. Folks have waited centuries for a chance to say this. See how far reaching is the reform the court change can do once it starts?

World trade irreversibly means jurisdictions are not cocooned but have overlapping cases. When a case overlaps an affected and unaffected country, the unaffected country becomes affected, through having to deal with open ended case content open-endedly, that can affect any number of other cases open-endedly. Open-endedness is created in its system.

So the court change is of far-reaching international interest. Anyone can add to the list of countries outside the Council of Europe whose people can lay claim to the court change if interested. Show autocracies, pending their freer futures, as well as democracies.

United States through many transatlantic cases, pick any, e.g. Natwest 3, Enron, Gary Mackinnon. Or, to get the United States and Canada into the court change right from the start date, I can offer my still stalled ethical dispute about brain research with Arizona university in that period, that was obstructed by a US government office.
Australia through the long running case about medical harm by British nuclear tests. This gets Australia the same 1999 start date for the court change as Europe, because land groups there and not only British military are parties in the case.
Also, United States, Canada, Australia, New Zealand all through their CJD ban on British blood donations in 2000.

Israel and Lebanon through the case in Belgium on the Sabra-Chatila massacres.
North Cyprus through Turkey's UN legal challenge against South Cyprus joining the EU.
Belarus through its election dispute with OSCE election monitoring.
Kosovo through war crimes cases overlapping Serbia.
Vatican City through Sinead O'Connor's ordination as a Catholic priest.
Cuba through Elian Gonzalez.
Haiti through objecting to receiving petty crime deportations from America.
Antigua through its constitutional crisis on capital punishment.
Trinidad through its Privy Council case on capital punishment.
Jamaica through claims on both sides of American linked arms trade background to its violence.
Mexico through the Benjamin Felix drug mafia extradition to America.
Belize through Michael Ashcroft.
Guatemala through the child stealing and adoption scandal overlapping America.
El Salvador through the trade union related factory closure there by Nestle that made Transfair, the Fair Trade organisation in Italy, reject the Fair Trade mark for Nestle coffee.
Honduras through the sex slave trafficking cases from Nicaragua.
Colombia through America's supposed human rights policy intervention in training Colombian police and military.
Venezuela through Luis Posada Carriles.
Guyana through the £12m debt claim dropped by Iceland (the shop).
Brazil through EU immigration unfairnesses to its football players, necessitating a mafia trade in false passports.
Argentina through its ECHR case on the General Belgrano.
Chile through General Pinochet.
Bolivia, Paraguay, Uruguay through Judge Garzon's citation of Henry Kissinger for the South American military conspiracy Operation Condor.
Chad and Senegal through a French action in Senegal obtaining Chad's former dictator Habre for trial under Pinochet's precedent.
Algeria through the Harkis' case from the Algerian war.
Tunisia through the Lord Shaftesbury murder trial.
Liberia, Sierra Leone, Mali, Morocco through the Insight News case.
Ivory Coast through the chocolate slavery scandal.
Ghana through the World Bank's Dora slave scandal.
Togo through the Lome peace accords for Sierra Leone, and their breaking as an issue in factional arms supply to there.
Burkina Faso through an arms trade case of smuggling through it from Ukraine to civil war factions in Sierra Leone and Angola.
Niger and Rwanda through Oxfam's case of buying an arms trade "end user certificate" for Rwanda in Niger.
Burundi through the war crimes trial of Rwanda's 1994 head of state.
Tanzania and Japan through the 2000 G8 summit, because Tanzania Social and Economic Trust broadcast a contradiction in implementing both its wishes for economic advance and its debt relief terms.
Mozambique through its cashew nuts dispute with the World Bank.
South Africa and Lesotho through a WHO case against American pharmaceutical ethics there.
Nigeria through reported Nigerian drug mafia crime in South Africa.
Cameroon through the Bakassi Peninsula issue with Nigeria.
Dahomey and Gabon through their slave trafficking scandals overlapping Nigeria and Togo.
Zimbabwe through its land finances dispute with Britain in 2000.
Equatorial Guinea through the charges in Zimbabwe of a coup conspiracy.
Malawi through its arrests of Zimbabwean refugees callously deported from Britain.
Zambia through Cafod's collection of objections to food supply and health violations in its IMF structural adjustment program.
Namibia through the Herero genocide case against Germany
Angola, Congo Kinshasa, Ecuador through arms trade smuggling to them from Bulgaria and Slovakia.
Congo Brazzaville through the Jean-Francois Ndenge case in France.
Sudan through Al Shafi pharmaceutical factory suing America for bombing it.
Madagascar, Mauritania, Nicaragua through the complaint by Jubilee USA and Africa Action that the IMF is breaking the agreed debt relief terms for them.
Ethiopia through the same, as well as earlier aid sector comment on its conditional debt relief.
Eritrea through its border dispute with Ethiopia.
Somaliland through its problem with Russian and South Korean coastal fishing.
Kenya through the Archer's Post munitions explosion case overlapping Britain.
Somalia through the UNHCR coordinator in Kenya protesting and exposing refugee deportations back to Somalia during the 2006-7 crisis there.
Uganda through the Acholiland child slave crisis and Sudan's agreement to return children.
Mauritius through the Ilois rights judgment on the Chagos clearances.
Yemen through its problem with Spain over the missile shipment.
United Arab Emirates through Mohammed Lodi.
Saudi Arabia through the lawsuit by families of 911 victims.
Qatar through its SS Dignity aid boat turned away from Gaza by Israeli authorities for having peace activists aboard.
Bahrain through the call for American witnesses in Richard Meakin's case.
Kuwait through the terrorism arrests in Saudi Arabia.
Iraq through the weapons inspection dispute before the invasion. NB this does not mean the dispute or invasion were right!
Jordan through its threat of "unspecified measures" in its relations with Israel.
Egypt through its disputes with Tanzania and Kenya over use of Nile water.
Libya, Syria, Iran through the Lockerbie bomb trial. This is by reason of case content, nothing to do with who was guilty. But for Iran it is now more diplomatic to cite the case of the arrest of Bob Levinson.
Turkmenistan through Ukraine's gas pipeline dispute with Russia.
Kazakhstan through the American court action on oil contract corruption at government level there.
Uzbekistan through the ambassadorial exposee on evidence obtained by torture there and used in Western courts.
Kyrgyzia through its anti-terrorist border operations with Uzbekistan.
Afghanistan through the pursuit of Bin Laden after 911.
Pakistan through a dispute, reported by BBC in 2000, between supporters of enslaved women and the British embassy for not helping them escape.
India, Bangladesh, China, Indonesia through the World Wildlife Fund's campaign for tiger conservation, conflicting western romanticism with local populations affected by the homicidal absurdity of conserving a human predator.
Nepal through the Gurkhas' lawsuit for equal pay and pensions.
Vietnam through a church publicised refugee dispute overlapping China.
Cambodia through its enactment for a trial of the Khmer Rouge Holocaust.
Laos through Peter Tatchell's application to arrest Henry Kissinger.
Thailand through Sandra Gregory.
Burma through the Los Angeles judgment on the Unocal oil pipeline.
Sri Lanka through its call for the Tamil Tigers' banning in Britain.
East Timor through public reaction to the judgment against trying Suharto.
Papua New Guinea through WWF's Kikori mangrove logging affair.
Vanuatu through the Raymond Coia investment scam case.
Nauru through the Australian civil liberty challenge on the Tampa refugees.
Fiji through its land crisis's nonracial solubility by a Commonwealth constitutional question on rent and mortgages.
Tuvalu through environmentalist challenges to America's rejection of international agreements on global warming and sea level.
Marshall Islands through the Nuclear Claims Tribunal cases.
Philippines and Malaysia through the international police investigation in the Jaybe Ofrasio trial in Northern Ireland.
South Korea through its jurisdiction dispute with the American army.
North Korea through its apology to Japan for abductions.
Mongolia through the diplomatic clash over Bat Khurts.

All members of the Alliance of Small Island States are court change, as from AOSIS's notice of dissatisfaction with the outcome of the Copenhagen Climate change conference in 2009. This adds the Bahamas, Barbados, Dominican Republic, Dominica, St Kitts-Nevis, St Lucia, St Vincent, Grenada, Guyana, Surinam, Guinea Bissau, Cape Verde Islands, Sao Tome e Principe, Seychelles, Comoro Islands, Maldive Islands, Singapore, Palau, Micronesia, Solomon Islands, Tuvalu, Kiribati, West Samoa, Tonga.

AOSIS members with court change cases already listed were: Antigua, Cuba, Haiti, Trinidad, Belize, Mauritius, East Timor, Papua New Guinea, Marshall Islands, Nauru, Vanuatu, Fiji.

Council of Europe members already listed before they joined were:
Bosnia through a sex slave scandal involving Russian and American military.
Serbia and Montenegro through war crimes cases in the Yugoslav period overlapping Bosnia.
Monaco through International Amateur Athletics Federation drug hearings there.

Wednesday, 13 October 2010

Gamu Nhengu too

What applies to the Mhango family applies to the Nhengu family too. The Scottish government says it wants to save them, the court change can save them, and I have told them about the court change. I have told it to Fiona Hyslop, the Scottish minister who speaks on migration, and to the Nhengus' MSP Keith Brown who is also SNP.

That is as well as, that my submission to the referendum consultation had described the court change, in full and at length. If Salmond had not suppressed my submission from the public record, he would not have obstructed his own efforts for Gamu Nhengu now. He says he supports her case.

Nobody has ever offered any refutation of the court change being real, in the 11 years it has existed. There is no possible reason for all the SNP folks' show of reluctance to say anything that acknowledges it, The safety of folks they represent can't afford the silence.

A piece of nonsense I don't need, and must have wasted an hour on, is this page by STV: entertainment.stv.tv/tv/202483-x-factor-gamu-nhengu-snubbed-by-cheryl-cole-and-simon-cowell/ . Supposed to have a commenting facility, which nobody has succeeded in using. No matter how many times you log in, and no matter how far below 2000 characters you keep your comment, and check the character count on other sites too, no comment can ever be posted on that page: it keeps telling you either that you are not logged in or that you are over 2000 characters. The topic of a real live person in fear of atrocities if sent by force to a place where they neither want to be nor have any sensible reason to be, is too serious for allowing technical nonsense like this to happen

Tuesday, 10 August 2010

Is Anne McLaughlin taking a terrible risk with the Mhangos ?

Further to previous post on the Mhangos' case.

Anne McLaughlin's blog today says this: "As things stand, the legal team are working to remove the threat of detention and deportation between now and when a decision is made as to their right to an appeal. "

What ??????????????????????????????? BUT SHE ALREADY KNOWS ABOUT THE COURT CHANGE, AND THE COURT CHANGE TOTALLY ABOLISHES SUCH THING AS NEEDING A DECISION ON A RIGHT TO APPEAL. THE MHANGOS HAVE AN AUTOMATIC RIGHT TO MAKE A COURT CHANGE FAULT-FINDING.

She also says Salmond is chasing the British government for the power to let them stay. Obviously good, but Salmond's task will be made massively easier if either himself or McLaughlin publicly announce the court change and commit themselves to its real existence.

McLaughlin is asking everyone, you, to do all you can to save the Mhangos from an atrocity. But if the atrocity happens and she did not do everything she could, how will she stand then, with all the folks she has won to this cause? She will be to blame for the atrocity if she claims to have even in theory a shred of discretionary choice over whether to automatically speak out about the court change and use it in their case. She has known about the court change for months and she has still not done it.

She needs, and the Mhangos need, you to know she can be trusted - but she can't be trusted if she plays a double game of noncommittality with you. Utterly utterly utterly utterly utterly the only way for her not to be playing a double game with you and standing ready to allow the atrocity all along, is if she IS FORCED TO automatically committally TAKE a public POSITION on the court change.

WATCH HER, WATCH HER, WATCH HER WORDS LIKE A HAWK.

Wednesday, 21 July 2010

Florence and Precious Mhango case

Alex Salmond has signed, with the church leaders, the letter appealing to the British government to intervene to allow Florence and precious Mhango to stay in Glasgow. These are asylum seekers whose return to Malawi will result in the child being taken away from her mother against her will. They have been the victim of a corrupt court decision that blatantly ignored most of their case's content and left it unanswered.

What they need, to cite and use against the bent court decision, is the court change. It abolishes the finality of all legal decisions, it makes them open-endedly faultable on their reasoning. It is the protection against all mediaeval bent court decisions. The political establishment have shown abundantly that they fear the court change and don't want it, for none of them have ever admitted it exists, and it has been suppressed from publicity for 11 years.

Now, how will the SNP government explain themselves to you, if censoring my submission to their consultation results in the Mhangos suffering the atrocity that all reasoning caring folks fear, and losing their fight against knowingly cruel Nazi-style racist deportation?

My submission contains a description of the court change. By defending the suppression of my submission, Salmond defends continuing to suppress the court change from public knowledge and not admitting it exists. That means, defending withholding it from the Mhangos, when knowingly it could be critical to saving them.