Jurisdiction – NYPD Holy Name http://nypdholyname.com/ Wed, 09 Nov 2022 02:06:28 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://nypdholyname.com/wp-content/uploads/2021/10/icon-47-120x120.png Jurisdiction – NYPD Holy Name http://nypdholyname.com/ 32 32 Capital police ask for jurisdiction to airport and highways – Pakistan https://nypdholyname.com/capital-police-ask-for-jurisdiction-to-airport-and-highways-pakistan/ Wed, 09 Nov 2022 02:06:28 +0000 https://nypdholyname.com/capital-police-ask-for-jurisdiction-to-airport-and-highways-pakistan/ ISLAMABAD: Police in the capital have requested the federal government to extend its executive authority and jurisdiction over Islamabad International Airport (IIA) and highways to maintain public order and exercise its legal mandate during the current situation due to the PTI protests and the long march, Dawn has learned. The same extension has also been […]]]>

ISLAMABAD: Police in the capital have requested the federal government to extend its executive authority and jurisdiction over Islamabad International Airport (IIA) and highways to maintain public order and exercise its legal mandate during the current situation due to the PTI protests and the long march, Dawn has learned.

The same extension has also been requested from the National Roads and Highways Police (MHNP) and other law enforcement agencies.

In a letter to the Office of the Chief Commissioner from Islamabad Police Central Bureau, uninterrupted access to strategic security facilities in the Islamabad Capital Territory, including M-1 (Islamabad-Peshawar highway), M-2 (Islamabad-Lahore Interchanges, Islamabad International Airport under Articles 97, 149 and 151 of the Constitution of Pakistan has been requested.

The letter states that the national roads leading to the IIA are under local jurisdiction and area of ​​Rawalpindi, Attock and Islamabad districts. However, Rawalpindi and Attock districts are under the administration and control of Punjab province, he added. It is important that the capital’s police ensure that the LEAs have access to these strategically important points, the letter states, adding that in addition, all civilian and military leaders, representatives of international agencies, diplomats and foreign dignitaries use these gateways to approach Islamabad. and it is the responsibility of the state to provide security and protection for diplomats and foreign dignitaries from the IIA to the city.

Any untoward incident at the airport, near the airport or on any of the adjacent areas of the airport roads can tarnish the country’s reputation, he said, adding that these national means of communication are of strategic importance.

In the wake of public order situations and during the travel of VVIPs and dignitaries, any untoward incident on the way to and from the IIA and the three highway toll booths for access to Islamabad, Thallian and Peshawar may be detrimental.

Inaccessibility of these locations by Federal and Capital LEAs from Islamabad may also disrupt inter-provincial trade, security and economy with serious consequences, the letter states, adding that this threat assessment has also been verified by d other independent sources.

The executive authority and jurisdiction of the Federal Government – Capital Police, NHA and National Highways and Highways Police and other LEAs – may please be extended for the purpose of preventing any threat to peace, tranquility and the economic life of Pakistan.

Posted in Dawn, November 9, 2022

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Congress Considers Legislation to Transfer Export Control Jurisdiction from Commerce Department – ​​Publications https://nypdholyname.com/congress-considers-legislation-to-transfer-export-control-jurisdiction-from-commerce-department-publications/ Mon, 07 Nov 2022 22:11:20 +0000 https://nypdholyname.com/congress-considers-legislation-to-transfer-export-control-jurisdiction-from-commerce-department-publications/ LawFlash November 07, 2022 Based on consistent feedback from the U.S. Congress, think tanks, and the U.S.-China Economic and Security Review Commission, several members of Congress have proposed legislation to transfer the Commerce export control jurisdiction at the Defense Technology Security Administration. On October 28, 2022, House Representatives […]]]>

LawFlash






November 07, 2022

Based on consistent feedback from the U.S. Congress, think tanks, and the U.S.-China Economic and Security Review Commission, several members of Congress have proposed legislation to transfer the Commerce export control jurisdiction at the Defense Technology Security Administration.

On October 28, 2022, House Representatives Banks, Wittman, and Steube introduced HR 9241, the National Security Priority in Export Controls Act of 2022. On the same day, the bill was referred to the Foreign Affairs, Armed Forces, and Appropriations Committees. for exam. This bill marks the culmination of extensive discussions over the past few years regarding the Department of Commerce’s ability to manage export controls covering dual-use goods, software, and technology. Unsurprisingly, the bill outlines the findings that form the basis of the proposed transfer of jurisdiction out of Commerce, including the following:

  • Commerce, through the Bureau of Industry and Security (BIS), has failed to meet the requirements of the 2018 Export Control Reform Act (ECRA) to tighten restrictions on emerging and foundational technologies, especially for countries of concern.
  • The agency remains unable to manage its conflicting missions of protecting national security and encouraging legitimate trade.
  • The BRI has taken a more relaxed approach to licensing, even for “particularly important technologies”, as the agency has approved nearly all permits sought for exports to China.
  • BIS has been ineffective in identifying and designating Chinese companies that meet military end-user requirements – citing statistics that indicate BIS has only designated 70 parties on the Entity List while there are “tens of thousands of Chinese entities” that may meet the criteria.
  • BIS has not taken any steps to restrict Fundamental Technologies as required by ECRA.

In this context, the bill proposes to transfer the licenses and related powers delegated to Commerce under ECRA and other authorities to the Defense Technology Security Administration (DTSA) within the Department of Defense. As part of this transfer, the invoice:

  • Ensure that 20% of the funding currently allocated to Commerce is reallocated to the DTSA for the execution of the new DTSA authorizations
  • Prohibits the transfer of any Senior Executive Service Commerce personnel to the DTSA to fulfill statutory responsibilities

It appears that the proposed bill seeks to address at least three fundamental national security concerns:

  • An “apparent equity imbalance”, i.e. whether national security considerations are sufficiently weighed when juxtaposed with economic factors. Based on the statement of license made in the Whereas clause, the bill emphasizes that exports continue relatively uninterrupted to China, regardless of the discoveries made in recent years regarding US-China tensions. .
  • Commerce ineffectively fulfills the congressional mandates included in ECRA, both in the designation of emerging and foundational technologies as well as in its China-related licensing position.
  • Trade appears equally ineffective in managing threats posed by organizations or entities that pose national security concerns. In this vein, the Whereas clause cites the number of Chinese entities currently on the Entity List as an indication of slow or weak responses to the threats posed.

The proposed legislation raises a number of lingering concerns that can be seen to impact U.S. national security and foreign policy objectives and interests. Assuming the bill makes progress through Congress and makes it to President Biden’s desk — and it’s unclear how likely that is given the upcoming election, potential outcome, and a range of legislative priorities — the bill can solve a host of problems that have plagued the Export Administration Regulations (EAR) since the 1970s, including:

  • Trade Control List (CCL) duplications and inefficiencies – i.e. the list is out of date by the time it is published because it is so granular
  • The release of the CCL creates national security concerns – that is, as currently written, the CCL provides a granular technical roadmap to competitors and adversaries regarding technical areas of concern and sensitivity for the US government
  • The process is not designed to provide the U.S. government with visibility into export activities, whether overseas or in the U.S. i.e. the EAR and CCL adopt a “catch and release” approach to managing what can be exported. As a result, broad categories of items are included in the CCL, but few licenses apply. As a result, the trade, through its many pre-cleared versions under license exceptions, lacks visibility into ongoing transfers, as parties do not file license applications or submit reports on post-export activities. , unless necessary. The timing of when these licenses are required remains low, as millions of exports take place each year and the volume of licenses is statistically insignificant in this context.

Should this bill become law, we expect a change in the overall analytical framework that will apply to export licensing, as well as the way products, technologies and software are identified and licensed.

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ITO Sec 175: FBR DI&I is legally competent to issue opinions: IHC – Pakistan https://nypdholyname.com/ito-sec-175-fbr-dii-is-legally-competent-to-issue-opinions-ihc-pakistan/ Wed, 26 Oct 2022 01:38:05 +0000 https://nypdholyname.com/ito-sec-175-fbr-dii-is-legally-competent-to-issue-opinions-ihc-pakistan/ ISLAMABAD: The Islamabad High Court (IHC) ruled on Tuesday that the Intelligence and Investigations Directorate of the Federal Revenue Board (FBR) can take notice of and has legal jurisdiction to issue opinions under Section 175 (1 ) of the Income Tax Ordinance (ITO) 2001 for the enforcement of any provision of the Ordinance. A divisional […]]]>

ISLAMABAD: The Islamabad High Court (IHC) ruled on Tuesday that the Intelligence and Investigations Directorate of the Federal Revenue Board (FBR) can take notice of and has legal jurisdiction to issue opinions under Section 175 (1 ) of the Income Tax Ordinance (ITO) 2001 for the enforcement of any provision of the Ordinance.

A divisional bench of the IHC comprising Judge Aamir Farooq and Judge Ejaz Ishaq Khan, while accepting the claims in an intra-judicial appeal (ICA) from the FBR Intelligence and Investigations Directorate, overturned the judgment to judge unique from 18-03-2016.

Attorney Hafiz Ahsaan Ahmad Khokhar represented the Intelligence and Investigations Directorate before the divisional bench.

Taxpayer M/S KK Oil and Ghee Pvt Ltd had challenged the Intelligence and Investigations Directorate opinion issued under Section 175 of the ITO.

He argued that the notice was illegal, based on a wrong assumption of jurisdiction and misapplication of the law, and that it should be declared ultra vires the law and set aside.

The single judge accepted the taxpayer’s claims in brief and decided against the judgment of the tax agency dated 18-03-2016, and ruled that the opinion issued by the Directorate of Intelligence and Investigations under section 175 of the ITO was incompetent. The tax investigation agency challenged the impugned judgment before the IHC division bench.

Khokhar said that the FBR Intelligence and Investigations Branch was established under Section 230 of the Income Tax Ordinance 2001 to deal with all matters relating to taxation and collect information on the tax evasion, tax evasion and loss of income.

He further stated that FBR on 09-02-2015 issued SRO 115/2015 regarding more detailed duties with reference to different provisions of the Income Tax Ordinance, where also Section 175 was included.

Khokhar argued that a notice issued under section 175(1) of the ITO was lawful and within the jurisdiction because certain facts had been concealed and upon inspection following the notice that the taxpayer had incorrectly claimed exemption under Section 65-D of the Ordinance read with Section 159 of the ITO. , which caused huge losses to the public treasury, but this aspect was completely ignored by the single judge in chambers when delivering the judgment.

He further argued that a U/S 175(1) Notice of Order may be issued by the Intelligence and Investigations Branch to enforce any provision of the Income Tax Order of 2001 to collect information for the purpose of investigation relating to tax evasion and fraud and that Section 175 of the Income Tax Ordinance gave ample authority to the Intelligence and Investigations Directorate and specified very clearly that section 65-D of the Ordinance cannot be read in isolation, thus the proceedings under section 175(1) of the Ordinance were lawfully conducted by the tax agency and fell within the jurisdiction legal.

Counsel for the respondent taxpayer was of the view that the Intelligence and Investigations Branch could not issue a U/S section 175 notice of the order to the taxpayer and that the order issued by a single bench was lawful and lawful .

The bench, after hearing both parties, entered judgment and found that the only issue before the court was whether the notice issued under Section 175 of the Intelligence and FBR investigations were legal and in accordance with the law.

Copyright Business Recorder, 2022

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IHC Requests Closing Arguments on PAC Jurisdiction https://nypdholyname.com/ihc-requests-closing-arguments-on-pac-jurisdiction/ Fri, 21 Oct 2022 07:00:00 +0000 https://nypdholyname.com/ihc-requests-closing-arguments-on-pac-jurisdiction/ ISLAMABAD: The Islamabad High Court (IHC) on Thursday requested final arguments on the orders and jurisdiction of the Public Accounts Committee (PAC) at the next court date on November 18. IHC Judge Amir Farooq took on the case relating to allegations of harassment made by a woman against some senior National Accountability Bureau (NAB) officials. […]]]>

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday requested final arguments on the orders and jurisdiction of the Public Accounts Committee (PAC) at the next court date on November 18.

IHC Judge Amir Farooq took on the case relating to allegations of harassment made by a woman against some senior National Accountability Bureau (NAB) officials.

Deputy Attorney General Fazlur Rahman Niazi, Additional NAB Attorney General Jahanzeb Bharwana, Attorney for NAB General Manager Shahzad Saleem Safdar Shaheen, Attorney for Former NAB Chairman Shoaib Shaheen and Attorney for Accounts Committee public appeared in court.

During the hearing, PAC’s response was submitted. NAB’s additional attorney general told the court that the para-wise comments were filed, which were very short.

The judge asked whether or not PAC had jurisdiction. With that, PAC’s attorney informed the court that the matter of the harassment complaint was related to the Board of Inquiry.

Additional Attorney General Jahanzeb Bharwana said there was no word in the report regarding jurisdiction. Judge Farooq said that if the woman’s allegations were accepted, they fell within the jurisdiction of the Federal Investigation Agency (FIA).

Bharwana said that if there was an investigation against an officer, the PAC could summon the relevant records, but the parliamentary panel could not request any type of records on its own.

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Human rights activists seek Indonesian tribunal’s approval for universal jurisdiction — BenarNews https://nypdholyname.com/human-rights-activists-seek-indonesian-tribunals-approval-for-universal-jurisdiction-benarnews/ Fri, 14 Oct 2022 20:02:38 +0000 https://nypdholyname.com/human-rights-activists-seek-indonesian-tribunals-approval-for-universal-jurisdiction-benarnews/ Indonesia’s Constitutional Court is considering a petition to revise a human rights law to allow the nation to prosecute and punish members of Myanmar’s junta for alleged abuses following its coup Military status in early 2021. If the review paves the way for the application of universal jurisdiction, Indonesia would be in a position to […]]]>

Indonesia’s Constitutional Court is considering a petition to revise a human rights law to allow the nation to prosecute and punish members of Myanmar’s junta for alleged abuses following its coup Military status in early 2021.

If the review paves the way for the application of universal jurisdiction, Indonesia would be in a position to investigate and, if necessary, prosecute atrocities committed by the Myanmar military. Under universal jurisdiction, a country’s courts can investigate and prosecute anyone, not just citizens, for serious international crimes committed anywhere.

A nine-judge panel adjourned a session earlier this week to deliberate on whether to proceed after seeking changes to the petition.

“Amendments to the motion will be presented at a meeting and we will decide whether the case should proceed,” Presiding Judge Wahiduddin Adams said.

Among the petitioners are former Attorney General Marzuki Darusman, who chaired a United Nations independent international fact-finding mission on Myanmar; Busyro Muqoddas, former president of the Judicial Commission; and the Alliance of Independent Journalists.

Article 5 of the Indonesian Human Rights Courts Act reads: “A human rights court is also authorized to consider and adjudicate cases of gross human rights violations. committed outside the territorial limits of the Republic of Indonesia by Indonesian nationals”.

The petitioners asked that the phrase “by Indonesian nationals” be removed to allow foreigners to be tried in Indonesia for abuses committed abroad.

Feri Amsari, an attorney for the petitioners, expressed optimism.

“I’m confident it will continue because the substance of this matter needs to be heard,” Feri told BenarNews.

He said that the application of universal jurisdiction is important because it is in line with the mandate of the Constitution that Indonesia plays an active role in promoting peace and justice in the world.

“The state has a responsibility to protect victims of massive and systematic crimes against humanity, regardless of national borders,” Feri said. “Indonesia should show that there is no safe haven for perpetrators of gross human rights violations.”

Human rights group Amnesty International reported that 147 nations used universal jurisdiction involving one or more crimes in 2012.

For instanceArgentinian justice decided in November 2021 that it investigate allegations of war crimes committed in 2017 by the Myanmar military against the country’s Rohingya minority, under the principles of universal jurisdiction.

The Burmese junta criticized

The Indonesian petitioners are seeking to sue Myanmar for not being a party to the International Criminal Court as it has not signed the Rome Statute, the treaty establishing the court.

Myanmar forces have killed more than 2,300 people since the military seized power toppling an elected government on February 1, 2021, according to activists and media.

Indonesia and other members of the Association of Southeast Asian Nations (ASEAN) have criticized Myanmar’s military for failing to implement a five-point consensus agreed by its chief of staff. junta, Min Aung Hlaing, and regional leaders on April 24, 2021.

The consensus called for an end to the violence; constructive dialogue between all parties; the mediation of these talks by an ASEAN special envoy; the provision of ASEAN-coordinated humanitarian assistance; and a visit to Myanmar by an ASEAN delegation to meet with all parties.

Calls for ASEAN to punish Myanmar’s junta grew after the execution of four political prisoners in July.

Human rights activists have welcomed the petition for universal jurisdiction.

“If it is granted, it is certainly positive because we can help to break down the obstacles to the protection of human rights in the region, including [abuses] endured by our brothers and sisters in Myanmar and journalists in the Philippines who are often persecuted during elections, and in Thailand,” said Dinna Prapto Raharja, former Indonesian representative to the ASEAN Intergovernmental Commission on Human Rights.

Andreas Harsono, researcher for Human Rights Watch in Indonesia, echoed Dinna.

“It would be nice if the court ruled in favor, because it would be a warning for officials to continue to respect human rights in decision-making,” Andreas told BenarNews.

He noted that Indonesia would be the first Southeast Asian country to adopt the principle.

“Once it becomes a universal jurisdiction, not only are citizens of other countries affected, but our citizens can be affected in other countries as well,” he said.

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Virginia AG not within its jurisdiction in children’s hospital sexual misconduct investigation https://nypdholyname.com/virginia-ag-not-within-its-jurisdiction-in-childrens-hospital-sexual-misconduct-investigation/ Fri, 14 Oct 2022 07:00:00 +0000 https://nypdholyname.com/virginia-ag-not-within-its-jurisdiction-in-childrens-hospital-sexual-misconduct-investigation/ Earlier this year, the office of Virginia Attorney General Jason Miyares ceded jurisdiction in a long-running investigation into allegations of sexual misconduct and other abuse at a hospital that serves vulnerable children. This ruling leaves all other charging decisions to a local prosecutor with a small staff. Miyares’ office offered a procedural explanation for the […]]]>

Earlier this year, the office of Virginia Attorney General Jason Miyares ceded jurisdiction in a long-running investigation into allegations of sexual misconduct and other abuse at a hospital that serves vulnerable children.

This ruling leaves all other charging decisions to a local prosecutor with a small staff. Miyares’ office offered a procedural explanation for the change, but the decision surprised some legal observers, given that the attorney general showed up last year with a tough-on-crime message and sought to expand the role of his office in the criminal prosecution.

“My concern is that when things got tough they didn’t want to continue,” said Kevin Biniazan, an attorney representing about 50 ex-patients who are plaintiffs in lawsuits against Cumberland Hospital for Children and Youth, related legal persons. and the facility’s former longtime medical director, Dr. Daniel Davidow.

The facility, located in a rural setting in New Kent County, about half an hour east of the state capital, treats children and young adults with complex medical needs, including Chronic diseasesbrain damage and neurobehavioral disorders.

The lawsuits say the hospital operated without proper authorization and was “lacking basic sanitation or humanity”, allegations the facility denies. And more than three dozen female plaintiffs allege that Davidow, who has not been charged with any crime, sexually assaulted them during physical exams. In court documents and through a lawyer, Davidow strongly denies the allegations.

The lawsuits and other concerns from patients’ parents about the hospital, which were highlighted by persistent reporting by Richmond television station WTVR, have raised alarm bells at the highest levels of state government on at least two governorships. Virginia State Police began investigating hospital staff in October 2017 and that work is ongoing, spokeswoman Corinne Geller said. The full scope and objectives of the investigation have not been made public.

Led by former attorney general, Democrat Mark Herring, the office prosecuted two hospital staff members.

One, a 72-year-old psychotherapist, was accused of sexually abusing a patient and died by suicide the same day he was due to appear in court for a plea hearing. The other, a behavioral technician, was sentenced in December to a year in prison after pleading without contest an allegation that she intentionally burned a disabled child with boiling water.

Biniazan said that during the investigation he was in contact with different state police officials and attorneys in AG’s office. After Miyares was sworn in on January 15, Biniazan was informed that a new deputy attorney general was taking over the case. But then his company got a call in the spring saying the AG office was handing it over, he said.

1 DEAD, 2 SERIOUSLY INJURED IN PLANE CRASH IN VIRGINIA

A spokeswoman for Miyares said the attorney general’s office initially became involved because the former New Kent County Commonwealth attorney had a personal dispute. T. Scott Renick, who took office in January 2020, has no such conflict, so jurisdiction was “rightfully returned,” spokeswoman Victoria LaCivita said.

Renick, who has a deputy and an assistant district attorney, said in an interview that he did not ask for the jurisdiction to be returned to him.

“The attorney general’s office was just not proceeding at the time,” he said, referring questions about why to Miyares’ office.

Virginia Attorney General Jason Miyares’ office has ceded jurisdiction in a long-running investigation into allegations of sexual misconduct and other abuse at Cumberland Hospital for Children and Adolescents.
(AP Photo/Steve Helber)

Steven Benjamin, a prominent Richmond criminal defense attorney who serves as a special adviser to the Virginia Senate Courts of Justice Committee, said LaCivita’s explanation was not “persuasive.”

“The absence of conflict two years into his tenure does not explain a withdrawal he did not request,” wrote Benjamin, who reviewed investigation reports and court documents as requested. from the AP, in an email.

VIRGINIA GOP CANDIDATE RIPS LIBERAL REPORTER WHO CALLED CHILD PROTECTIVE SERVICES ON TWEET COLUMBUS DAY

Miyares, a former Virginia Beach state prosecutor and legislator, beat Herring in November after a campaign in which he criticized the two-term holder for what he called a “criminal mindset of first, victim last”. During this year’s legislative session, his office pushed unsuccessfully for legislation that would have expanded the currently limited set of crimes that the attorney general can prosecute absent special authorization, specifically seeking the ability to dealing with child sexual abuse. He recently said he would try again in the next legislative session.

His office chose to withhold documents related to the Cumberland decision that the AP was requesting under Virginia’s Open Archives Act.

Cumberland Hospital is a subsidiary of Pennsylvania-based, publicly traded Universal Health Services Inc., which operates behavioral health and other health care facilities across the country and has also been designated as a defendant in the lawsuit of Biniazan’s clients.

Joseph Farchione, an attorney representing the hospital in the civil case, said no charges have been brought against the hospital and to his knowledge the hospital is not the subject of any criminal investigation. . Farchione also noted that Davidow was an independent contractor.

“Cumberland Hospital employees are committed to the founding vision of providing high quality, integrated care for children and adolescents,” he wrote in an email.

VIRGINIA STATE LEGISLATOR INTRODUCES BILL MAKING A CRIME FOR PARENTS OF NOT AFFIRMING THEIR LGBT CHILD

In response to reports about the hospital and the investigation, spokespersons for GOP Gov. Glenn Youngkin and former Democratic Gov. Ralph Northam raised concerns. And the clinical director of the Department of Behavioral Health and Developmental Services personally filed a complaint with the state agency that licenses medical professionals in 2020 after she said various law enforcement agencies, health and social services met to discuss the abuse allegations made against Davidow. Dr. Alexis Aplasca’s complaint related not only to allegations, but also to his concerns arising from a review of patient records that Davidow, a currently active licensed physician, treated children and adolescents with multiple medications. antipsychotics without adequate supervision by a psychiatrist.

In three lawsuits filed by Biniazan, 39 former patients allege that Davidow sexually assaulted them during exams. Many women, who are suing using pseudonyms, say Davidow claimed he had to check their femoral pulse, then put his hand under their clothes and intentionally touch their vaginas, sometimes penetrating them with his fingers. Most of the alleged abuse took place during examinations performed by Davidow shortly after the patients were admitted to the hospital, according to the lawsuits.

Several male complainants allege that other hospital staff physically beat and abused them, including a patient who said staff members repeatedly lifted him from his wheelchair and threw him in the shower, knowing that he was unable to physically prepare himself to avoid injury.

The lawsuits are being consolidated so that the allegations can be heard in one trial.

Davidow’s lawyers declined to answer questions from the access point but said in a statement that Davidow “strongly denies” the plaintiffs’ allegations.

“He cares deeply for the well-being of the patients he cares for, has cooperated fully and openly with authorities when complaints have been investigated, and remains committed to seeing him found guilty in court. court,” the statement said.

VIRGINIA PARENTS SOUND ABOUT POLITICIZATION OF SCHOOLS: ‘AN ATTACK ON FAMILY AND CHURCH’

As for the criminal investigation, Renick, the New Kent district attorney, said his office met a state police investigator and was awaiting a final report.

“I think what’s in the best interest of my clients and in the best interest of the public,” Biniazan said, “is that whoever is going to conduct a criminal investigation, in light of the allegations that we’re talking about, they have to be fully engaged in the performance of this function.”

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Alleged terrorism: Court of Appeal releases Nnamdi Kanu and challenges High Court’s jurisdiction : TV360 Nigeria https://nypdholyname.com/alleged-terrorism-court-of-appeal-releases-nnamdi-kanu-and-challenges-high-courts-jurisdiction-tv360-nigeria/ Thu, 13 Oct 2022 19:21:21 +0000 https://nypdholyname.com/alleged-terrorism-court-of-appeal-releases-nnamdi-kanu-and-challenges-high-courts-jurisdiction-tv360-nigeria/ The Court of Appeal sitting in Abuja has struck out the remaining seven charges against the detained leader of the proscribed Indigenous People of Biafra (IPOB) and acquitted him of the terrorism allegations brought against him by the Federal Government. A three-man Court of Appeal panel added in its decision that the Federal High Court […]]]>

The Court of Appeal sitting in Abuja has struck out the remaining seven charges against the detained leader of the proscribed Indigenous People of Biafra (IPOB) and acquitted him of the terrorism allegations brought against him by the Federal Government.

A three-man Court of Appeal panel added in its decision that the Federal High Court had no jurisdiction to try him given his extraordinary abduction and rendition in Nigeria.

The panel said that this decision is a flagrant violation of the OAU convention and protocol on extradition.

The court noted that the act of extraordinary removal and restitution of Kanu from Kenya without due process is a violation of his right.

The court found that the federal government had not disclosed where Nnamdi Kanu had been arrested despite the serious allegations against him.

She added that the manner in which Nnamdi Kanu was procured and brought before the court was not assessed by the lower court, before declaring itself competent to try him.

The court further held that the trial judge made a serious error by violating Nnamdi Kanu’s right to a fair trial.

Kanu has repeatedly called for the separation of southern Nigeria to form the Republic of Biafra.

Kanu has also been accused of inciting violence, particularly in southeastern Nigeria, which has resulted in loss of life and property among civilians, military, paramilitaries, police forces and destruction civil institutions and symbols of authorities.

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The Cook Islands, a privileged jurisdiction https://nypdholyname.com/the-cook-islands-a-privileged-jurisdiction/ Wed, 12 Oct 2022 07:00:00 +0000 https://nypdholyname.com/the-cook-islands-a-privileged-jurisdiction/ CEO Insight – Cook Islands Report This must-read report explains how the IRPT serves to mitigate the risk of damage to the family patrimony that can result from the divorce of the founders. —Ruben Tylor LONDON, UK, October 12, 2022 /EINPresswire.com/ — With International Relationship Property Trust (IRPT), the the cook islands‘ The financial services […]]]>

CEO Insight – Cook Islands Report

This must-read report explains how the IRPT serves to mitigate the risk of damage to the family patrimony that can result from the divorce of the founders.

—Ruben Tylor

LONDON, UK, October 12, 2022 /EINPresswire.com/ — With International Relationship Property Trust (IRPT), the the cook islands‘ The financial services industry is strengthening its position as a key member of the international financial services community. In a special CEO analysis report, Cook Islands Finance explains how this unique new asset management tool can be used to protect marital assets from the consequences of a divorce. For wealthy families, as well as their advisors and planners, this must-read report explains how the IRPT serves to mitigate the risk of damage to family assets that can result from the divorce of the founders. In addition to being globally recognized as a jurisdiction of choice for establishing and maintaining international trusts, other products provided by licensed trust companies in the Cook Islands are international and limited liability companies, foundations, international partnerships and captive insurance services.

To read the report, Click here.

Cook Islands Finance: premium financial services provider
The Cook Islands are -10 GMT, 6 hours behind New York and 18 hours behind Hong Kong/Singapore, which puts them in an ideal location to do business every working day with customers from the east and from West. The Cook Islands is a self-governing nation with its own written constitution. It is a sovereign state but in free association with New Zealand.

The Cook Islands legal system is based on English common law. There is a hierarchy of courts comprising a High Court and a Court of Appeal, with the ultimate court of appeal being the Privy Council in London sitting in chief of the Cook Islands. The judges of the Cook Islands High Court and Court of Appeal are experienced New Zealand judges who guarantee independence. They apply Cook Islands law and have jurisdiction over all criminal and civil matters.

The Cook Islands Financial Services Development Authority, trading as Cook Islands Finance, is a statutory body established under the Financial Services Development Act 2009. The main objective of Cook Islands Finance is to develop and promote the Cook Islands financial services sector.

Sam Jones
CEO Overview
+44 7549 932196
write to us here
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Area of ​​expertise https://nypdholyname.com/area-of-expertise/ Fri, 07 Oct 2022 08:03:27 +0000 https://nypdholyname.com/area-of-expertise/ On Friday, Interior Minister Ahsan Iqbal’s public relations officer issued a statement saying the military should stop commenting on the country’s economic affairs. The Director General of Interservice Public Relations (DGISPR), Major General Asif Ghafoor, was particularly challenged because of his recent interview on a private television channel. In this interview, he remarked on the […]]]>

On Friday, Interior Minister Ahsan Iqbal’s public relations officer issued a statement saying the military should stop commenting on the country’s economic affairs. The Director General of Interservice Public Relations (DGISPR), Major General Asif Ghafoor, was particularly challenged because of his recent interview on a private television channel. In this interview, he remarked on the country’s economic situation. The Chief of Army Staff (COAS) also addressed the business community in Karachi on Wednesday, saying that economic stability is closely linked to the security situation in the country.

Objectively, and contrary to what Mr. Ahsan Iqbal asserts, the comments on the economy are not wrong – the country’s macroeconomic situation is troubled to say the least. Furthermore, it is also true that the military plays a vital role in securing and facilitating economic ventures.

However, service members who make these comments, especially at public events, are problematic.

Due to recent instability in the government structure, experts speculated about increasing control of the military and rising tensions with the Pakistani Muslim League-Nawaz (PML-N) government. Amid all these assertions, DG Rangers clarified the situation by emphasizing the army’s promise to uphold the country’s democratic principles. He also, as a representative of the institution, pledged support to the civil government to ensure the proper functioning of the system.

However, the army seems to be ignoring its own promises and continuing to interfere in areas that are not under its authority. Ahsan Iqbal is right to point out that the economy and its policies are not the purview of the military. It falls under the jurisdiction of the Minister of Finance and, basically, of the government. The constitution does not allow the military to get involved in political affairs and policy issues.

Moreover, they do not realize that their continuous remarks on civil issues are picked up by foreign publications and news channels. They then present this as a signal of growing discord in the Pakistani state and some have even hinted at a ‘soft coup’. The establishment has repeatedly chastised the government for “portraying a negative image” – now their comments do the same.

The contribution of the military is invaluable. However, if they have concerns, they should be conveyed to the government and not to the public. Public platforms cannot be used in this way; they inevitably give the debates a political tone.

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Supreme Court Takes on Case Challenging FLRA’s Longstanding Jurisdiction Over National Guard Civilians https://nypdholyname.com/supreme-court-takes-on-case-challenging-flras-longstanding-jurisdiction-over-national-guard-civilians/ Tue, 04 Oct 2022 18:06:13 +0000 https://nypdholyname.com/supreme-court-takes-on-case-challenging-flras-longstanding-jurisdiction-over-national-guard-civilians/ The Supreme Court appears poised to overturn nearly 40 years of precedent, as it announced on Monday that it will hear a case challenging the jurisdiction of the Federal Labor Relations Authority to compel states to grant federal sector collective bargaining rights to civilian employees of state National Guards. The court on Monday granted certiorari […]]]>

The Supreme Court appears poised to overturn nearly 40 years of precedent, as it announced on Monday that it will hear a case challenging the jurisdiction of the Federal Labor Relations Authority to compel states to grant federal sector collective bargaining rights to civilian employees of state National Guards.

The court on Monday granted certiorari to Ohio Adjutant General’s Department v Federal Labor Relations Authority, which means that at least four judges have agreed to consider the case. At issue is whether the Civil Service Reform Act of 1978 empowers the FLRA to regulate the labor practices of state militias.

State National Guards employ a group of Technicians, who are civilian federal employees who perform a variety of clerical, administrative, and technical roles to support National Guard operations. Under Title 10 of the United States Code, which governs the armed forces, these employees are referred to as “dual status technicians” because although they are employed by states and hold a military rank, they are also entitled to the benefits and rights granted to federal employees.

As such, the courts have consistently held, since 1983, that they are federal employees for purposes of federal labor law and that states must permit them to bargain collectively and bargain in good faith with their unions, just as federal agencies. do with their bargaining units.

In the case of Ohio, the state union’s contract with the American Federation of Government Employees expired in 2014, and although the state has pledged to continue to bargain in good faith with the union on a successor agreement, in 2016 he circulated a memo saying the state is not bound by either the expired contract or the Civil Service Reform Act. The state then proceeded to reverse union dues payroll deductions from “most” dues-paying members, sparking a series of unfair labor practice complaints that were upheld by the FLRA in 2020.

Ohio appealed the FLRA’s decision to the United States Court of Appeals for the Sixth Circuit, where a three-judge panel ruled unanimously against the state. The 11-page decision cited numerous other cases confirming the FLRA’s ability to regulate working relationships between state National Guardsmen, both in the Sixth Circuit and other appellate courts, to support its conclusion.

“All other circuits that have considered this issue have also found that state National Guards are executive agencies in their capacity as employers and supervisors of technicians,” the justices wrote. “[If] we accepted the guard’s argument to the contrary, we would create a circuit split. And given the “unanimity of thought” across the circuits on this issue, we are not inclined to do so.”

Robert Tobias, a distinguished practitioner-in-residence at American University’s Key Leadership Program and former president of the National Union of Treasury Employees, said he was surprised the court was considering such a case where the judiciary still came to the same conclusion. : that guard technicians are federal employees for the purposes of federal labor laws.

“I guess with this Supreme Court, no previous decision and no precedent is final, and everything can be challenged,” he said. “If ever there was unanimity of the Circuit Courts of Appeals on any issue, it certainly is.”

Given the unusual circumstances surrounding this case reaching the highest court in the land, Tobias said he was not optimistic that the four-decade precedent would be upheld.

“It could be very important,” he said. “This court this session reconsiders a vast array of precedents. Otherwise, why would he grant a review if he did not agree to overturn what every circuit that has looked at this issue in the past has found: that collective bargaining for these people is appropriate.

A decision reversing FLRA jurisdiction could affect the more than 20,000 state National Guardsmen who belong to a bargaining unit, according to data from the Office of Personnel Management in June this year.

“Any employer can voluntarily do whatever they want, but I think they would all give up their [collective bargaining agreements] and they would end,” Tobias said. “The union-management relationship would come to an end, just like [Ohio] done in 2014. It would surprise me if a National Guard continued this labour-management relationship.

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