El próximo jueves 22 de septiembre, a las 19:00 horas en la sede del Ilustre Colegio de Abogados de Barcelona en la calle Mallorca, se celebra la Mesa Redonda JUSTICIA TRANSICIONAL ACUERDOS DE PAZ EN COLOMBIA, hacia la construcción de una paz estable y duradera, Erika Torregrossa, miembro del BPI-ICB CAPI, organiza y participa en dicha Mesa Redonda, aportando su experiencia en justicia penal internacional.
Entre otros, la Mesa Redonda contará con la presencia del ex comandante de las FARC y ahora activista por la paz, el Sr. Arteta.
La asistencia es gratuita, por lo que os animamos a asistir.
In Germany, in July 2016 the Federal Cabinet passed a bill to reform asset recovery in criminal law. The bill represents the biggest reform since the introduction of asset recovery in 1969. This update sets out the most important changes.
Content of reform
The reform will redesign major parts of criminal law asset recovery both substantively and procedurally. The core of the reform is the reorganisation of victim compensation. At present, the criminal authorities confiscate incriminated assets only temporarily in favour of the victims. The victims must then assert their claims in a complicated procedure after obtaining the corresponding civil instruments.
The priority principle – also known as the 'first come, first served' principle – applies in this procedure. In practice, the principle results in many victims being too late to assert their claims or deciding against it because of high costs. In future, compensation "organised by the criminal authorities" is planned. The criminal justice authorities will first confiscate the incriminated assets, and only after the criminal law judgment is legally binding will the assets be distributed to the victims.
The reform also includes multiple other substantial changes in the field of criminal asset recovery. For certain offences the reform will introduce a reversal of the burden of proof in favour of the criminal authorities, inspired by the non-conviction-based confiscation or forfeiture under US law. At present, incriminated assets must be returned to the perpetrator if the body of evidence is not fully clear. Under the reform, multiple legal concepts which have been developed by the jurisdiction will also be explicitly regulated in statute. This refers, for example, to the important questions in practice of:
the extent to which assets can be confiscated and recovered; and
how the criminal authorities should handle cases in which incriminated assets are transferred to third persons.
Changes for companies often arise if they fall victim to criminal offences – for example:
breach of trust; or
a transfer of company funds by employees.
Although a major goal of the reform is to simplify the asset recovery procedure for victims, whether this will succeed is questionable, especially for companies.
According to the reform, in future the criminal justice authorities will confiscate the incriminated assets and distribute them to the victims once the criminal law judgment is final. This may be a disadvantage for companies, because judgments in complicated white-collar criminal proceedings will often not be legally binding for many years. Therefore, as a consequence of the new regulations, companies may not be compensated until long after the pecuniary loss occurred. Although under existing law the pursuit of asset recovery interests is more complicated and more expensive, companies also have significantly more influence and leeway in order to assert their asset recovery claims.
In contrast to the cases in which a company is the victim of a criminal offence, employees also often commit criminal offences in favour of the company – for example, bribery, tax fraud or cutting costs by deferring environmental measures. In these cases the employees' offences are attributed to the company and the illegally obtained assets will be confiscated and the company must defend against the asset recovery measures. In such cases, the changes to be introduced by the reform could affect companies disadvantageously since the asset recovery regulations will be extended and tightened.
For the first time on our website, an article published by "The Global Legal Post" which shows us a very interesting project for all who are dedicated to criminal law.
This is a very useful tool especially for students and teachers of criminal law in order to gain experience and understand procedures thanks to new technologies.
Then we transcribe the complete article.
Over 50 years it took to reach one of the most anticipated news for the South American continent, and citizens of Colombia.
The country's government and opposition groups finally put an end to the armed conflict that has caused the death of a figure close to 220,000 deaths.
We would like to highlight, amongst many institutions and associations, the work of ACADEHUM, the Colombian Association of Defense Lawyers for the Human Rights (Asociación Colombiana de Abogados Defensores de Derechos Humanos) that has worked for the defense of Human Rights conducting different missions in Colombia. These missions have been a way to articulate a form of specific support to confront and improve the situation of danger that many lawyers were experiencing in the area of the defense of the Human Rights as well as other collectives of defense.
The Caravana de Juristas (Jurists Caravan) was created in 2008 after ACADEHUM requested to the international community of lawyers to develop a support and a twinning program with lawyers working on human rights in Colombia. Since then, four missions have been organized in Colombia in which many high level delegations are involved. The first mission took place in August of 2008 and was carried out by a delegation composed by 70 lawyers from Europe and the Americas. The following tasks were conducted in 2010, 2012 and 2014 with the active participation of more than 200 delegates.
It is good news for everyone, and from the BPI-ICB ICB we send all our support and our heartfelt congratulations to Colombia and Colombians.
El pasado viernes 13 de Mayo, Francisco Puchol, miembro número 100686 del Colegio de Abogados Penal Internacional, recibió, la Cruz al Merito en el servicio de la Abogacía por parte del Pleno del Consejo.
El acto se llevó a cabo en el Salón de Actos de la Ciudad de la Justicia Valenciana.
Francisco, ha recibido este reconocimiento por su impecable trayectoria como abogado, especializado en materias civil y mercantil, así como Arbitro y Mediador. Con esta medalla, el BPI-ICB-CAPI sigue creciendo gracias a sus miembros.
Muchas felicidades Paco!!
From the BPI we want to show our support for the family attorney John Jones QC, and for that reason, we publish the letter written by Aurora Bewicke letter for him.
A loss both truly personal and global.
There are few people I have met that touched me the way John did, intellectually, as a role model, and as so much more. In the past 10 years, hardly a day has gone by I haven’t thought of him.
From the story of how we met, with his accidentally mispronouncing a Chinese word, turning into something quite comical, to our trips together around Europe-flying me to Switzerland to eat oysters and drink champagne or hiking on the far north islands on The Netherlands, to our mutual passion for international law, with me looking up to him in so many ways, and even on to him spending time with my father.
After parting ways, I thought of him every step of my career, following in his steps in subtle ways, from building languages, to working with the UN, taking on political criminal defense cases, including once almost ending up on the same case, and even pursuing a degree at Oxford.
He introduced me to the International Criminal Bar, many of the members now having become like family.
I do not know why he has departed this earth, but I still hold his spirit close to mine, wish that his memories live on, and pray his family and friends find peace in this shared loss.
Notre Secrétaire Général, Mr. Philippe Currat a envoyé cet e-mail pour informer sur prochaine visite au Cameroun et la conférence tenue sur "LE DROIT DES VICTIMES DEVANT LES JURIDICTIONS PÉNALES INTERNATIONALES" et "LA REPARATION DES VIOLATIONS GRAVES DES DROITS DE L’HOMME".
The Arab Lawyers Union, member of the ICB, condems trought this press release the attacks carried out by the Daesh in Brussels, Belgium on the 22nd of March.
The ALU General Secretariat condemns, in the strongest terms the terrorist attacks in the Belgium capital, the headquarters of the European Union, Brussels. Where it targeted civilians at the airport and metro stations at the morning rush time. These attacks left large numbers of deaths and casualties. It was followed by a declaration of a state of maximum alert and the closure of the borders. Other European countries, also, declared strict security measures in anticipation of expected attacks. These criminal operations just follow the announcement of arresting of the mastermind of Paris last year the attacks, Salah Abdel-Salam.
International Criminal Court (ICC) judges will hear the evidence of two witnesses as part of the sentencing hearing for Jean-Pierre Bemba, the former Congolese vice president who was last March found guilty of war crimes and crimes against humanity. The judges will also hear the views and concerns of two victims. However, judges rejected a request by Bemba’s lawyers to recall two individuals who testified for the defense during the trial.
Today, 4 May 2016, a ceremony was held at the site of the new premises of the International Criminal Court (ICC) in The Hague, the Netherlands, to mark the May 1940 bombings of the Dutch military barracks formerly located at the site. The ceremony included remarks from ICC Registrar Herman von Hebel, Brig Gen G.W. van Keulen, and the Mayor of The Hague, Mr Jozias van Aartsen, and the unveiling of a plaque in honor of those who lost their lives during the attack.
ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution in future
Today, 5 April 2016, Trial Chamber V(A) of the International Criminal Court ("ICC" or "Court") decided, by majority, Judge Olga Herrera Carbuccia dissenting, that the case against William Samoei Ruto and Joshua Arap Sang is to be terminated. According to the majority, this decision does not preclude new prosecution in the future either at the ICC or in a national jurisdiction. This decision may be subject to appeal.
The ICC hands down its fourth ever judgment on 21 March 2016 in the case against Jean-Pierre Bemba. The Congolese politician and militia leader is charged with responsibility for grave crimes allegedly committed by a militia under his control in the Central African Republic (CAR) in 2002-3. Here’s all you need to know ahead of the much-anticipated verdict in the first ICC trial involving “command responsibility” and the alleged use of rape as weapon of war.
Today, the international criminal tribunal for the former Yugoslavia acquitted of the 9 counts of war crimes and crimes against humanity attributed to him by the events in the Balkan War.
The sentence, with their respective acquittal comes 13 years after they surrender voluntarily and to grant him permission to return to Belgrade for treatment for an illness.
According to the judges, the prosecution has failed to prove the relationship between the crimes committed, and the speeches of Mr. Seselj. In actual words, he was not the ideologue of ethnic cleansing, in fact, his speeches are harangues words, in any case isn't considered a call to murder.
Today’s guilty verdict handed down by a UN Court in The Hague against former Bosnian-Serb leader Radovan Karadžić for genocide and other crimes under international law marks a major step towards justice for victims of the armed conflict in Bosnia-Herzegovina.
The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) found Karadžić guilty on one count of genocide, five counts of crimes against humanity and four counts of war crimes for his role in the armed conflict, both for his individual responsibility and as part of a joint criminal enterprise.
He was sentenced to 40 years’ imprisonment. His lawyers have said they will appeal.
The Court convicted Karadžić of genocide in relation to the massacre in Srebrenica, where more than 7,000 Bosnian men and boys were killed. It also found him responsible for crimes against humanity and war crimes including the torture, rape and killing in detention of thousands, perpetrated with the intent to systematically remove the Bosnian Muslim and Bosnian Croat populations in territories claimed by Bosnian Serbs.
The court found that his role in the siege of Sarajevo was so instrumental that without his support it would not have occurred. It held that the whole population of Sarajevo was terrorized and lived in extreme fear, facing indiscriminate attacks between 1992 and 1995.
He was acquitted of one count of genocide in relation to crimes committed against both Bosnian Muslims and Bosnian Croats in seven municipalities in 1992.
Karadžić held several of the highest positions in the Bosnian-Serb leadership during the three-year war in which his forces were pitted against Bosnian-Muslim and Bosnian-Croat forces, commanding operations against both military forces and the civilian population.
While the death toll from the Bosnian War stands at 100,000, including some 38,000 civilian victims, fewer than 1,000 war crimes cases have been investigated and prosecuted at the state level.
The fate of thousands has still not been revealed. Amnesty International urges authorities in Bosnia-Herzegovina to commit truly to resolving the 8,000 outstanding cases of enforced disappearances from the war, and to provide access to truth, justice and reparation for the families.
Since it was established in 1993, the ICTY has indicted 161 persons for crimes under international law committed in the territory of the former Yugoslavia. Proceedings have been concluded in the cases of 149 accused, including seven individuals convicted of genocide at Srebrenica. There are still ongoing cases against 12 individuals, including a genocide case against former Bosnian-Serb military leader Ratko Mladić.
The Criminal Tribunal for the former Yugoslavia (ICTY) reported today that it will release the verdict in the trial that followed against former Bosnian-Serbian leader Radovan Karadzic for war crimes, crimes against humanity and genocide during the war of Bosnia (1992-1995).
We attach the interview with Jordi Palou-Loverdos, a member of BPI-ICB ICB published in the Diari Ara.
Defense lawyer for eight Spanish families victims of violence in Rwanda.
Barcelona lawyer Jordi Palou-Loverdos trying for years to families victims killed in the savage violence Rwandan find and receive justice, but as crimes committed in 1997 and 2000 have had no place in the jurisdiction of International Criminal Tribunal for Rwanda, and legislative change in Spain makes it difficult moment can prosecute those responsible, quoting the principles of international justice.