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"Sahin v. Germany, Application No. 30943/96, Judgement of 8 July 2003"

European Court of Human Rights

Sahin v. Germany, Application No. 30943/96, Judgement of 8 July 2003

JUDGMENT

STRASBOURG

This judgment is final but may be subject to editorial revision.

In the case of Sahin v. Germany,

The European Court of Human Rights, sitting as a Grand Chamber composed of:

"US judge receives 28-year jail term for his role in kids-for-cash kickbacks"

Mark Ciavarella Jnr - Kids for Cash Scam Judge 12a27Mark Ciavarella Jnr ordered to pay $1.2m in restitution after he was found to be a 'figurehead' in the conspiracy

An American judge known for his harsh and autocratic courtroom manner was jailed for 28 years for conspiring with private prisons to hand young offenders maximum sentences in return for kickbacks amounting to millions of dollars.

Mark Ciavarella Jnr was ordered to pay $1.2m (£770,000) in restitution after he was found to be a “figurehead” in the conspiracy that saw thousands of children unjustly punished in the name of profit in the case that became known as “kids for cash”.

The Pennsylvania Supreme Court has overturned some 4,000 convictions issued by the former Luzerne County judge between 2003 and 2008, claiming he violated the constitutional rights of the juveniles – including the right to legal counsel and the right to intelligently enter a plea. Ciavarella Jnr, 61, was tried and convicted of racketeering charges earlier this year but his lawyers had asked for a “reasonable” sentence, claiming that he had already been punished enough.

Federal prosecutors accused Ciavarella Jnr and a second judge, Michael Conahan, of taking more than $2m in bribes from the builder of the PA Child Care and Western PA Child Care detention centres and extorting hundreds of thousands of dollars from the facilities’ co-owner. Ciavarella Jnr filled the beds of the private prisons with children as young as 10, many of them first-time offenders convicted minor crimes.  (Source : http://www.independent.co.uk/news/world/americas/us-judge-receives-28year-jail-term-for-his-role-in--kidsforcash-kickbacks-8598147.html)

"Girl raped after judge sends her to live at home of sex offender"

Lawsuit details allegations that teachers also knew of threat Edward Clinton Lee, pleaded guilty to capital murder and sexual assault, is serving a life sentence with no chance of parole.

author-image Charges are being considered against a Texas judge who sent a minor back into the home of a guardian who was living with a sex offender who later murdered the guardian and raped the juvenile, according to a lawsuit.

Also, three Texas teachers were indicted for failing to tell authorities about the student’s report of threats from the sex offender, the suit notes.

The consequences of the judge’s decision and the actions by the teachers were severe: The student was tied up and raped by the sex offender, who also murdered her guardian in front of the student, according to the lawsuit in Caldwell, Texas.

The Texas Center for Defense of Life late Tuesday filed the action on behalf of the juvenile, identified only with the initials S.R.L. The case seeks a court ruling that the teachers and judge “breached their duty” to the juvenile and compensation.

The defendants in the case are teachers Bliss Bednar, Vance Skidmore and Bradley Vestal as well as the Caldwell Independent School District and a retired judge, Terry Flenniken.

“There is no excuse for Judge Flenniken’s poor decision,” said TCDL attorney Greg Terra. “He knew exactly what the minor was dealing with in her home situation and that she lived with Edward Clinton Lee, a registered sex offender, and yet still sent her back to live with him and her guardian instead of granting the petition to release her to her biological mother.”

Texas Center for Defense of Life Chief Counsel Stephen Casey, left, and President Greg Terra announce, from the Capitol steps in Austin, Texas on Wednesday, Oct. 9, 2013.

The court filing states S.R.L. was living with Jean Slovacek-Storm, who previously had been married to S.R.L.’s grandfather. Edward Clinton Lee, a registered sex offender, also was living in the home.

The juvenile’s mother, Angela Belcher, had tried to get her daughter out of the living arrangement through the courts months earlier when S.R.L. became pregnant at age 15 with her 15-year-old boyfriend, but she was rebuffed by Flenniken.

The judge was considering a legal request by TCDL to remove S.R.L., during her pregnancy, from the home where she was living with Slovacek-Storm and Lee.

In that case, Flenniken interviewed S.R.L. privately in his chambers.

In the interview, according to an affidavit, the juvenile told the judge of the threats from Lee. Lee, the statement said, “had repeatedly asked S.R.L. to take off her clothes, even offering her $20 to strip down in front of him.” Also, “S.R.L. would move the dresser against the door, rearranging her room to keep Lee out and going so far as to sleep in her day clothes and not in pajamas so that Lee would not be able to see her change.”

She also reported to the judge Lee would come into the bathroom while she was showering to take pictures.

Flenniken apparently disregarded the girl’s statements.

“Flenniken returned to the courtroom with S.R.L. without making any report to the police about the reported sexual offenses and propositions,” the lawsuit alleges. “Flenniken had no discretion, based on his special relationship with S.R.L. not to intervene and protect S.R.L. … Action was mandatory.”

Then on the morning of June 29, 2012, “about four months after Flenniken sent S.R.L. back to the home of Lee, a registered sex offender, Lee shot and murdered Jean Slovacek-Storm and violently sexually assaulted S.R.L., tying her up,” according to the lawsuit.

“S.R.L. eventually escaped her bonds, left the house through a window, and ran naked down the street to a local school where she found a police officer. On April 30, 2013, Edward Clinton Lee plead[ed] guilty to aggravated sexual assault of S.R.L. and aggravated kidnapping of S.R.L. in conjunction with his plea to capital murder, and was sentenced to life in prison without possibility of parole.”

Judge Terry Flenniken, retired in 2012, Burleson County District Court, Texas.

The case alleges that the teachers also knew of the dangers and had not only an opportunity but a responsibility to call authorities long before the assault and murder

occurred.

In a statement by Terra that was released to WND, he reported that S.R.L. was in Bednar’s English class and was instructed to write about “the best or worst things that has ever happened in their life.”

Terra said: “S.R.L. asked Ms. Bednar if she could write about something that was happening to her right now. Ms. Bednar responded that she may do so if she

changed the names.”

The essay “details the sexual abuse and sexual assault of ‘Sandra’ by ‘Phillip,’” he continued.

But after the essay was turned in, according to Terra, “Edward Clinton Lee and Jean Slovacek-Storm had been contacted by Assistant Principal Vance Skidmore and Principal Bradley Vestal regarding the paper.”

Lee and Slovacek-Storm “strongly admonished S.R.L. for ‘lying in her paper to get Eddie in trouble,’” Terra reported. “S.R.L. was immediately driven to the school and forced to apologize to Bednar, Skidmore, and Vestal for ‘lying’ in her paper.”

The lawsuit alleges once the educators received the knowledge of S.R.L.’s situation, they “had no discretion and were required to report” to authorities.

“Had they reported the abuse outcry, S.R.L. would like not have suffered aggravated sexual assault and kidnapping,” the lawsuit alleges.

Skidmore, Bednar and Vestal have been indicted on a Class A misdemeanor counts of failure to report, and their cases are pending.

According to Terra’s statement regarding the case, the Texas attorney general is reviewing Flenniken’s involvement and “will consider whether any criminal charges will be filed again him.”

Additionally, TCDL is filing grievances against Flenniken with the Texas state bar as well as the State Commission on Judicial Conduct.

School officials declined to respond to a WND request for comment, and Flenniken declined comment when asked by AP.

“So much pain and agony could have been spared for the girl and her family if Judge Flenniken did what any judge in the country would have done and ordered the girl out of the home of the sex offender,” said Stephen Casey, attorney at TCDL. “The shock and horror of what happened to this girl will have lifelong repercussions. The school officials also failed her by not following the mandatory training and reporting of the abuse outcries. Had they adhered to the law, this tragedy would likely have been prevented.”


Read more at http://mobile.wnd.com/2013/10/girl-raped-after-judge-sends-her-to-sex-offenders-home/#xqSxpOZtRZCpMTaX.99

 

Mum faces jail if she refuses to write to ex who slit her throat

Natalie Allman must write to the man who abused her under custody law Credit: SWNS

A mum-of-two who was the victim of domestic abuse has said she has been told she could face jail if she refuses to write to the ex-fiance who slit her throat.

Natalie Allman, 29, has reportedly been ordered by a judge to send letters three times a year to former lover Jason Hughes, even though he is currently serving time in prison after he abused her for seven hours in front of their twin sons.

Allman told The Sunday People today that under custody laws she must send updates of the couple's five-year-old sons, along with photos, or face contempt of court.

She told the paper: “I feel betrayed that after everything he did his rights mean more than mine – more than my children’s.“We are the victims, not him. I thought he was going to kill me that night for no reason and my boys saw that. They were terrified."

Hughes is currently serving nine years in prison after being found guilty of malicious wounding with intent to cause grievous bodily harm after repeatedly punching Ms Allman in the face with weights and then slitting her throat in 2012. 

(Source : http://www.itv.com/news/2015-02-15/mum-faces-jail-if-she-refuses-to-write-to-ex-who-slit-her-throat/)

"Tas Attorney General Brian Wightman and Magistrate Mark Brett in Hot Seat for Destroying Records of Court and Public Office"

brianwightman2Brian Wightman, a gentleman, with his whole life in front of him, is now in the HOT SEAT due to incidents in the Court of Petty Sessions at Devonport on Friday the 9th of December, 2011 when Constable Steven Andrew Jones tried to prosecute Mark Elvin Sharman for "Assaulting Stephen Craig Karpeles a Public Officer in the execution of his duty by hitting him in the chest and shoulder area with his chest", under section 34B of the Police Offences Act 1935 that carries "a penalty not exceeding 25 penalty units or (-) imprisonment for a term not exceeding 12 months" ... something which Mr Elvin strongly denies.

"How Do We Get Rid of Corrupt Judges and Magistrates"

.. So if we start petitioning a decent councillor to put forward the motion on a couple of crappy judges with some good hard evidence, and there is a lot of it floating around, we may just be able to get the Parliamentarians to "pray" for such removal.  What I am wondering though is why in bloody hell do they have to "pray" and not just stand up and say "I" or something.  Can you imagine the whole of parliament really sitting there praying, i mean seriously.  And what about the islamic parliamentarians, will we have to provide blankets so they can get down on their hands and knees to do it also?
 
Commonwealth of Australia Constitution Act

"Coffs Harbour Family Courts, ICLs and Court Reporters - Coincidental Stuff Ups or Collusion on a Big Scale?"

If you are lucky enough, and female, to get Judge Jarret - don't bother going to court!  Just run.  Pack up the family at the first sign of issues or court paperwork, and get the hell out of there.

This magistrate a few years ago sent a beautiful young girl to live with her father - after she disclosed to her mother what her daddy had been doing --- dont think this is a case of mother punishing father by lying - the mother and father had already split and the mother already gave the father liberal contact.

After taking the matter to the police and reporting it, the young girl - was taken to Bravehearts for counselling - in which she did disclose and is now documented, her sexual abuse by her father.  The young girl was said to be doing well.  She had not seen her father in over twelve months, the nightmares were stopping, though the police still hadn't investigated the matter enough to file charges.

"Corruption in the High court of Australia revealed"

For the first time in Australian history, corruption has been revealed in the High Court.  Australians’ direct access to review by the High Court is guaranteed by our Constitution and it is being refused.

This week Australian Deputy Prime Minister Truss asked High Court Chief Justice French to file a case against corrupt judges, some of them in the High Court itself (letter attached).

Earlier, High Court judges Keifel, Bell and Crennan each defied the Australian Constitution to refuse three applicants their right to justice under section 75 (v). This is corruption at the highest level, according to legal definition of the term.  The case has implications for all Australians, many of whom are unaware that this section in the Constitution was deliberately placed there to provide protection against corrupt Federal government officers, such as Family Court judges.

"Magistrate Daynor Trigg tells open court that the laws of parliament do not apply to him."

Alice Springs Magistrate (Daynor) Trigg recently told applicants to an appeal in civil court that the laws handed down by parliament do not apply to him.  The legislation pertaining to the matter was brought to his attention during the proceedings by the applicant.

Then he gave an Order which did not contain any reasons for judgement or decision - not surprising though given his lack of purporting to enforce the laws which he took oath to uphold.  How could he anyway, given his blatant disregard for them ... Replies to requests for Reasons for Order were "There are no written reasons provided which is not unusual in the Magistrates Jurisdiction.  Reasons were stated by the Magistrate orally (this is standard practice)."  However a search on judgements by Trigg showed every case had Reasons for Judgement provided. View

How Many and Which Magistrates Ignored You're Affidavits ???

" The Children’s Court must admit in proceedings before it any evidence"  : This is part of the Child and Young Persons (Care and Protection) act 1988, and some very well known magistrates find this part of the legislation irrelevant when hearing cases.  To explain further ... We all know that DoCS don't believe that anybody except them should have a say in what happens to children they steal, but funny enough legislation says we should. I find it quite interesting though how many clients Alecomm has that are continually denied having their affidavits read into evidence because certain magistrates rule them out on technicalities.

A lot of these cases are now sitting in district and supreme court where it is more than obvious to the most stupid docs worker that the children should have been restored immediately to the parents / carers / grandparents from whom they were stolen some 1-2 years earlier, however the actions of the magistrates have prevented this and, of course, cost us tax payers millions upon millions of dollars.

Not only that, once the children's cases are finalised, as many of the children have been abused in care, of which docs have conveniently covered up and failed to notify any parties of, including children's clinicians, court clinicians, and the Ombudsman and Police, they are well and truly open from some massive forthcoming lawsuits - and rightfully so.  Smart magistrates would prevent this type of abuse occurring so frequently as they are responsible for the ongoing matters - not the solicitors.  After all they are supposed to know the law aren't they.

Former corrupt Queensland Attorney-General Kerry Shine busted appointing highly unqualified mates as judges

Former Queenland Attorney General Kerry Shine was caught red-handed appointing close friends as judges and magistrates. Nothing new here as most judges and magistrates have close political connections and that’s how they are appointed in the first place, not because of their ability, ethics or integrity.

The Kerry Shine story did not get much national attention although it should have. The Brisbane paper The Courier Mail seems to be the only print news company that picked up on it.

On the 15th September 2009 Patrick Lion from The Courier Mail wrote:  “The Courier-Mail has learnt Mr Shine quietly handed former lawyer Damian Carroll the $262,000-a-year role, despite Mr Carroll being a “long-time friend” whom Mr Shine lauded alongside his brothers and sisters in parliamentary speeches.”

Magistrate Cohen Proving White Australian Policy is alive and well in the Family Law Court of Australia today!!!!!!

 

Recentley a Final Judgement was handed down in the Family Law Court of Australia Magistrate Cohen to remove two children from their Aboriginal mother and placing with their non Aboriginal father. The following statements were made in his reasoning for the removal of the two children from the Aboriginal mother and placing with the non Aboriginal father:

It stated the following " As i have said, B.... is emotionally and intellectually immature for his age. H..... is probably unexceptional in these respects. The boy's are Aboriginal for the purposes of the Family Law Act because they come within the definition of that word in it.. They are decendents for the Aboriginal people of Australia.

But they are also decendants of the white settlers, and are to a great degree of that heritage. However, their identity has been developed by the maternal side of the family, where the mother, her father and J..... (their brother) are also decendents of Aboriginal People, Although the mothers mother is not.

The boy's regard themselves as being Black. To undermine their identity could well cause them emotional harm. Nevertheless, denial of the reality that they are also european or Anglo celtic background, especially since their apperance conforms to the steryotype for such a background,could also cause them emotional problems in the long term. They should in my opinion, be strongly encouraged to embrace both strands of their make up and be proud of them and who they are. To do that they must be exposed to both cultures and to people who share one or other with them.

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