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Man sentenced to death for arson attack at Japanese anime studio that killed 36
Lawyer News | 2024/01/26 14:30
A Japanese court sentenced a man to death after finding him guilty of murder and other crimes Thursday for carrying out an arson attack on an anime studio in Kyoto that killed 36 people.

The Kyoto District Court said it found the defendant, Shinji Aoba, mentally capable to face punishment for his crimes and announced the sentence of capital punishment after a recess in a two-part session on Thursday.

Aoba stormed into Kyoto Animation’s No. 1 studio on July 18, 2019, and set it on fire. Many of the victims were believed to have died of carbon monoxide poisoning. More than 30 other people were badly burned or injured.

Judge Keisuke Masuda said Aoba had wanted to be a novelist but was unsuccessful and so he sought revenge, thinking that Kyoto Animation had stolen novels he submitted as part of a company contest, according to NHK national television.

NHK also reported that Aoba, who was out of work and struggling financially after repeatedly changing jobs, had plotted a separate attack on a train station north of Tokyo a month before the arson attack on the animation studio.

Aoba plotted the attacks after studying past criminal cases involving arson, the court said in the ruling, noting the process showed that Aoba had premeditated the crime and was mentally capable.

“The attack that instantly turned the studio into hell and took the precious lives of 36 people, caused them indescribable pain,” the judge said, according to NHK. During the trial, Aoba told the victims’ families that he was sorry, but he did not show sincere regret or face their sufferings fully, and there was little hope for correction, the ruling said.

Aoba, 45, was severely burned and was hospitalized for 10 months before his arrest in May 2020. He appeared in court in a wheelchair.

His defense lawyers argued he was mentally unfit to be held criminally responsible.

About 70 people were working inside the studio in southern Kyoto, Japan’s ancient capital, at the time of the attack. One of the survivors said he saw a black cloud rising from downstairs, then scorching heat came and he jumped from a window of the three-story building gasping for air.

The company, founded in 1981 and better known as KyoAni, made a mega-hit anime series about high school girls, and the studio trained aspirants to the craft.

Japanese media have described Aoba as being thought of as a troublemaker who repeatedly changed contract jobs and apartments and quarreled with neighbors. The fire was Japan’s deadliest since 2001, when a blaze in Tokyo’s congested Kabukicho entertainment district killed 44 people.

Chief Cabinet Secretary Yoshimasa Hayashi said the Kyoto Animation attack was “a highly tragic case” and that the government has since stepped up restrictions on gasoline sales, including mandatory identification checks of purchasers. Hayashi, however, declined to comment on the death penalty ruling.


Hong Kong activist publisher Lai pleads not guilty to sedition charges
Lawyer News | 2024/01/02 09:51
Prominent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong.

Lai was arrested during a crackdown on dissidents following huge pro-democracy protests in 2019. He faces possible life imprisonment if convicted under a sweeping national security law imposed by Beijing. The trial is expected to last about 80 days without a jury.

The 76-year-old media tycoon who founded the now-defunct Apple Daily newspaper faces one count of conspiring to print seditious publications to incite hatred against the Chinese and Hong Kong governments, as well as two counts of collusion with foreign countries to call for sanctions and other hostile actions against China and Hong Kong.

Flanked by three prison officers, Lai formally pleaded not guilty to the charges read to him, shortly after the court rejected a last-ditch attempt by his counsel to throw out a sedition charge.

Prosecutor Anthony Chau in his opening statements described Lai as a “radical political figure” and the “mastermind” behind a conspiracy. Chau also said that Lai had used his media platform to advance his political agenda.

Clips of interviews that Lai gave to foreign media as well as speeches at events between 2019 and 2020 were also played in court. In the video, Lai called for support from foreign governments and urged U.S. officials as well as then-President Donald Trump to impose “draconian” measures on China and Chinese officials in retaliation for imposing the national security law and restricting freedoms in Hong Kong.

His prosecution has drawn criticism from the United States and the United Kingdom. Beijing has called those comments irresponsible, saying they went against international law and the basic norms of international relations.

The Inter-Parliamentary Alliance on China, or IPAC, an international political group that’s critical of China’s human rights record and foreign policy, said Lai’s trial “fabricated” evidence that the media mogul was involved in its work.


Mexico’s Supreme Court lifts 2022 ban on bullfighting
Lawyer News | 2023/12/07 12:26
Mexico’s Supreme Court on Wednesday overturned a 2022 ban on bullfighting in Mexico City, opening the way for events to resume.

A panel of five justices voted to overturn a May 2022 injunction that said bullfights violated city resident’s rights to a healthy environment free from violence.

The justices did not explain their arguments for overturning the ban, but bullfight organizers claimed it violated their right to continue the tradition. The capital had a history of almost 500 years of bullfighting, but there had been no fights since the 2022 injunction.

A crowd of people gathered outside the Supreme Court building Wednesday, holding up signs reading “Bulls Yes, Bullfighters No!” and “Mexico says no to bullfights.”

Critics say the fights inherently represent cruelty to animals.

“Animals are not things, they are living beings with feelings, and these living, feeling beings deserve protection under the constitution of Mexico City,” said city councilman Jorge Gaviño, who has tried three times to pass legislation for a permanent ban. None has passed.

Bullfight organizers say it is a question of rights.

“This is not an animal welfare issue. This is an issue of freedoms, and how justice is applied to the rest of the public,” said José Saborit, the director of the Mexican Association of Bullfighting. “A small sector of the population wants to impose its moral outlook, and I think there is room for all of us in this world, in a regulated way.”

Since 2013, several of Mexico’s 32 states have banned bullfights. Brazil, Argentina, Chile and Uruguay have banned bullfighting.

According to historians, Spanish conqueror Hernán Cortés watched some of the first bullfights in the city in the 1520s, soon after his 1521 Conquest of the Aztec capital.


Supreme Court Releases Nonbinding Code of Ethics After Public Pressure
Lawyer News | 2023/11/16 09:55
The U.S. Supreme Court issued a code of ethics earlier today following months of financial scandals tied to Justices Samuel Alito and Clarence Thomas.

The nonbinding code of conduct, undersigned by all nine justices, “represents a codification of principles that we have long regarded as governing our conduct,” according to the Court.

The code outlines five canons that justices should abide by. According to the document released, justices should (1) “uphold the integrity and independence of the judiciary,” (2) “avoid impropriety and the appearance of impropriety in all activities,” (3) “perform the duties of office fairly, impartially and diligently,” they (4) “may engage in extrajudicial activities that are consistent with the obligations of the judicial office” and (5) should “refrain from political activity.”

Given the milieu of the Court, the multiple sections guiding financial and fiduciary activities are of particular note. Since the start of the year, public polling has shown falling approval of the Supreme Court amidst repeated controversies surrounding transparency and ethics, including multiple ProPublica reports detailing undisclosed gifts from Republican billionaire Harlan Crow to Thomas and his family, which have spurred calls for change and reform at the nation’s highest court.

However, immediately apparent is the lack of an enforcement mechanism in this new code of conduct. As Take Back the Court’s President Sarah Lipton-Lubet pointed out in a statement, there are “53 uses of the word ‘should’ and only 6 of the word ‘must,’” and emphasized that “the Court cannot police itself.”

Professor Leah Litman, who teaches constitutional law and federal courts at the University of Michigan, criticized the financial guidelines, which allow justices to fundraise for law-related nonprofits, calling it “a hall pass for the Federalist Society galas and Koch Network 501c3 and 501c4 [organizations] ”

At the beginning of the month, 66 organizations led by the Alliance for Justice called for Thomas to resign from the Court immediately, citing the justice’s “egregious” conduct that “undermines the ordinary citizen’s faith in the rule of law, further destabilizing our democracy.”

It remains to be seen if an enforcement mechanism will be rolled out.


Russian court fines Google for failing to store personal data on its users
Lawyer News | 2023/11/10 08:47
A Moscow court on Tuesday fined Google for failing to store personal data on its Russian users, the latest in a series of fines on the U.S. tech giant amid tensions between the Kremlin and the West over the fighting in Ukraine.

A magistrate at Moscow’s Tagansky district court fined Google 15 million rubles (about $164,200) after the company repeatedly refused to store personal data on Russian citizens inside the country. Google was previously fined over the same charges in August 2021 and June 2022. The company declined to comment.

Google also was ordered to pay a 3 million ruble (about $32,800) fine in August for failing to delete allegedly false information about the conflict in Ukraine.

Russia can do little to collect the fine, however, as Google’s Russia business was effectively shut down last year after Moscow sent troops into Ukraine. The company has said it filed for bankruptcy in Russia after its bank account was seized by the authorities, leaving it unable to pay staff and suppliers.

Russian courts also have fined Apple and the Wikimedia Foundation, which hosts Wikipedia.

Since sending troops into Ukraine in February 2022, Russian authorities have taken measures to stifle any criticism of the military campaign.

Some critics have received severe punishments. Opposition figure Vladimir Kara-Murza was sentenced this year to 25 years in prison for treason stemming from speeches he made against Russia’s actions in Ukraine.

Sasha Skochilenko, an artist and musician from St. Petersburg, is on trial on charges of spreading false information about the military for replacing supermarket price tags with protest slogans. Prosecutors have asked for an eight-year prison sentence for her.


Sen. Menendez enters not guilty plea to a new conspiracy charge
Lawyer News | 2023/10/27 14:42
U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.

“Not guilty,” Menendez, 69, said when Judge Sidney H. Stein asked him for a plea to the charge. It was his first appearance before Stein, who is expected to preside over a trial tentatively scheduled for May.

Stein said the plea was the sole purpose for the hearing and adjourned the proceeding after less than five minutes. The New Jersey Democrat left the courthouse minutes later without speaking to reporters waiting outside. At an arraignment before a magistrate judge last month, Menendez was released on a $100,000 bond.

In a statement issued after the hearing, Menendez repeated his claim that the new charge “flies in the face of my long record of standing up for human rights and democracy in Egypt and in challenging leaders of that country.”

He again called it “as outrageous as it is absurd” and said he has been loyal only to the United States his entire life.

“The facts haven’t changed. The government is engaged in primitive hunting, by which the predator chases its prey until it’s exhausted and then kills it. This tactic won’t work,” he said. “I will not litigate this case through the press, but have made it abundantly clear that I have done nothing wrong and once all the facts are presented will be found innocent.”

Menendez was forced to step down from his powerful post leading the Senate committee after he was charged last month. Prosecutors said the senator and his wife, Nadine Menendez, accepted bribes of cash, gold bars and a luxury car over the past five years from three New Jersey businessmen in exchange for a variety of corrupt acts.

The other defendants entered not guilty charges to a superseding indictment last week. The senator was permitted to delay his arraignment so he could tend to Senate duties. He has said that throughout his life he has been loyal to the United States and that he will prove he is innocent.


Polish director demands apology from justice minister for comparing her film
Lawyer News | 2023/09/15 11:41
Film director Agnieszka Holland demanded an apology from Poland’s justice minister after he compared her latest film, which explores the migration crisis at the Poland-Belarus border, to Nazi propaganda.

Holland said Wednesday that she planned to bring defamation charges against Justice Minister Zbigniew Ziobro unless she receives an apology within seven days. She also demanded that he make a charitable donation of 50,000 Polish zlotys ($11,600) to an association that helps Holocaust survivors.

Holland’s feature film, “Green Border,” explores a migration crisis that has played out along Poland’s border with Belarus over the past two years. It takes a sympathetic approach toward the migrants from the Middle East and Africa who got caught up as pawns in a geopolitical standoff.

It also looks critically at the way Poland’s security services pushed back migrants who were lured to the border by Belarus, an ally of Russia.

Ziobro slammed the film earlier this week, saying: “In the Third Reich, the Germans produced propaganda films showing Poles as bandits and murderers. Today, they have Agnieszka Holland for that.”

He made his comment on the social platform X, formerly Twitter, on Monday, a day before the film had its world premiere at the Venice Film Festival.

Holland noted in a statement that Ziobro, who serves as prosecutor general as well as justice minster, commented on her film without having seen it and that she believed his words amounted to defamation, calling them “despicable.”

“I cannot remain indifferent to such an open and brutal attack by a person who holds the very important constitutional position of minister of justice and prosecutor general in Poland,” she wrote in a statement from Venice dated Wednesday but published in Poland on Thursday.


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