Selasa, 31 Desember 2019

UK to press Cyprus on 'distressing' teen gang rape case - CNN

The 19-year-old, who cannot be named for legal reasons, had said she was attacked by 12 Israeli youths on July 17 at the Pambos Napa Rocks hotel in the resort of Ayia Napa, where she was staying.
But 10 days later she retracted her statement and police arrested her. She was found guilty of causing public mischief on Monday and now faces up to a year in jail.
"The UK is seriously concerned about the fair trial guarantees in this deeply distressing case and we will be raising the issue with the Cypriot authorities," the UK's Foreign and Commonwealth Office said in a statement.
The woman spent more than a month in prison before being granted bail. Her passport has been held to prevent her leaving the country.
The British woman arriving at her trial at the Famagusta District Court in Paralimni, Cyprus, on Monday.
The woman's lawyer, Michael Polak, earlier told CNN his client had been pressured into retracting her allegations, and that she was initially denied legal representation.
"She wasn't allowed a lawyer, which is against European law, she didn't have a translator, she was suffering from PTSD," he said.
In court, the woman insisted that she was raped but had been pressured into changing her account by Cypriot police, Reuters reported.
The woman told the court that she had had a consensual relationship with one of the youths, and was in a room with him when the others appeared, Reuters said. She alleged that she was held down and raped.
Judge Michalis Papathanasiou, however, accepted the prosecution's case that the woman fabricated the claims because she felt "ashamed" after finding out some of the Israelis had filmed her having sex on their mobile phones, Reuters reported.
British woman found guilty of lying about gang rape in Cyprus resort town
None of the youths was called to give evidence. The judge refused to allow any evidence about whether the woman was raped, her lawyers said.
Following the UK's foreign office statement Tuesday a Cypriot government spokesperson said Cyprus was "an orderly state" with "constitutionally established institutions and separation of powers."
"The Government does not intervene in cases brought before the competent Courts of the Republic of Cyprus, nor does it comment on positions or allegations which are raised with respect to cases still pending before the Courts," the spokesperson said in a statement.
"The Government has full confidence in the Justice system and the Courts of the Republic of Cyprus, which should be left unfettered to implement state laws and deliver justice."
Nir Yaslovitzh, a lawyer representing the young Israelis, applauded the court's decision and said he sought an appropriate punishment on "the girl, who refuses to this day to take responsibility for the horrible act she has done against the boys."
He added that a civil process would take place to compensate his clients.
Rights activists say the case has been mishandled by Cypriot officials. On Monday, protesters from the Network Against Violence Against Women gathered outside the Famagusta District Court, many wearing white scarves portraying lips sewn together.
Sentencing has been adjourned until January 7.
Polak said the woman would be appealing the case to the Cyprus Supreme Court and, should this fail, to the European Court of Human Rights.

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2019-12-31 13:51:00Z
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UK and US considered Nigeria naval blockade over Saro-Wiwa execution - BBC News

The UK and US considered a navy-backed oil embargo against Nigeria, following the 1995 execution of writer and activist Ken Saro-Wiwa, a document released by the UK government reveals.

Saro-Wiwa and eight other campaigners from the Ogoni ethnic group were hanged on 10 November 1995.

They had been found guilty by a secret military tribunal of the murder of four Ogoni chiefs by a mob.

The nine denied the charge and said they had been framed.

Saro-Wiwa led mass protests against oil pollution in Nigeria's Ogoniland.

The protests were seen as a major threat to Nigeria's military ruler at the time, Gen Sani Abacha, and Anglo-Dutch oil giant Shell.

The executions led to Nigeria suspension from the Commonwealth.

The UK's then Prime Minister, John Major, called it a "fraudulent trial" and described the executions as "judicial murder".

Notes of a meeting between Mr Major and US President Bill Clinton, nearly three weeks after the executions, show the steps the leaders contemplated to isolate Nigeria.

The two men met while Mr Clinton was on a visit to the UK.

According to the notes, the UK believed that an oil embargo would "only be effective" if done through the UN Security Council and "could only be made to work by a naval blockade".

Such steps would result in "wrecking Nigeria's economy" as it was heavily reliant on oil exports.

'Sycophants surround Abacha'

Mr Clinton agreed, but said the US would only implement an embargo if "all other parties" were willing to do so, pointing out that sanctions would be vetoed by China if brought before the UN Security Council.

There had been pleas from across the world for Nigeria's military leader at the time, Sani Abacha, to exercise clemency, but Western governments had struggled to reach the leader.

Mr Clinton's special envoy to Nigeria, Donald T McHenry, had been unable to see Abacha and concluded that he was "almost wholly insulated from the outside world" and "information was filtered by sycophants: they had no idea of genuine opinion within Nigeria or internationally".

Media playback is unsupported on your device

The hanging of the Ogoni campaigners took place just as Commonwealth heads of state were meeting in New Zealand for their biennial gathering.

The UK issued a statement condemning the executions, but it was South African President Nelson Mandela who led the international criticism.

He called for Nigeria to be suspended from the Commonwealth "at once" and that the suspension should not be lifted until the country had shown "much quicker" progress in returning from military to civilian rule. All political prisoners should be released, he argued.

In this, Mandela was backed by his Zimbabwean counterpart Robert Mugabe and Kenya's Daniel arap Moi, but the suggestion was criticised by a number of other African leaders, including Ghana's President Jerry Rawlings.

Mandela outspoken

The Commonwealth went ahead with the suspension, but Mandela was determined that the measures should not end there.

He continued his international engagement, making phone calls to Mr Clinton and keeping in touch with Mr Major by phone after the Commonwealth summit ended.

In demanding strong action Mandela appeared to have been isolated from the rest of his government.

Newspaper reports at the time indicate that then Deputy President Thabo Mbeki and the Deputy Foreign Minister, Aziz Pahad, had been reluctant to pursue sanctions against Nigeria.

The UK, together with the European Union (EU), took a number of steps.

Ambassadors to Nigeria were recalled, military training and aid were suspended and an EU-wide arms embargo was instituted.

While Mr Major was willing to consider wider economic sanctions, he was unwilling to do so alone.

The UK accounted for just 1% of Nigeria's oil exports, while the US took 40%.

As a result, Mr Major told Mr Clinton, "we were not well placed to press for [sanctions]".

The UK also had a good deal to lose if Nigeria retaliated.

Pressure from Shell

There was a considerable British expatriate community in Nigeria and UK investments in the country totalled between $3.9bn and $6.5bn (£3bn and £5bn).

This included Shell, which extracted half of the country's oil and was contemplating building a major natural gas project.

The Shell chairman at the time, Cornelius Herkströter, wrote to Mr Major at the height of the controversy, pointing out just how important these investments were.

He argued that the gas liquefaction plant would "make a major contribution to environmental improvement in the region" since it would reduce the need for the flaring of gas.

In the end, the problem of getting UN Security Council approval for an oil embargo appeared to have blocked progress on wider sanctions.

Nigeria was only re-admitted to the Commonwealth in May 1999, on the day on which the country's new civilian government assumed power - ending three-and-a-half years of isolation.

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2019-12-31 12:02:19Z
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UK and US considered Nigeria naval blockade over Saro-Wiwa execution - BBC News

The UK and US considered a navy-backed oil embargo against Nigeria, following the 1995 execution of writer and activist Ken Saro-Wiwa, a document released by the UK government reveals.

Saro-Wiwa and eight other campaigners from the Ogoni ethnic group were hanged on 10 November 1995.

They had been found guilty by a secret military tribunal of the murder of four Ogoni chiefs by a mob.

The nine denied the charge and said they had been framed.

Saro-Wiwa led mass protests against oil pollution in Nigeria's Ogoniland.

The protests were seen as a major threat to Nigeria's military ruler at the time, Gen Sani Abacha, and Anglo-Dutch oil giant Shell.

The executions led to Nigeria suspension from the Commonwealth.

The UK's then Prime Minister, John Major, called it a "fraudulent trial" and described the executions as "judicial murder".

Notes of a meeting between Mr Major and US President Bill Clinton, nearly three weeks after the executions, show the steps the leaders contemplated to isolate Nigeria.

The two men met while Mr Clinton was on a visit to the UK.

According to the notes, the UK believed that an oil embargo would "only be effective" if done through the UN Security Council and "could only be made to work by a naval blockade".

Such steps would result in "wrecking Nigeria's economy" as it was heavily reliant on oil exports.

'Sycophants surround Abacha'

Mr Clinton agreed, but said the US would only implement an embargo if "all other parties" were willing to do so, pointing out that sanctions would be vetoed by China if brought before the UN Security Council.

There had been pleas from across the world for Nigeria's military leader at the time, Sani Abacha, to exercise clemency, but Western governments had struggled to reach the leader.

Mr Clinton's special envoy to Nigeria, Donald T McHenry, had been unable to see Abacha and concluded that he was "almost wholly insulated from the outside world" and "information was filtered by sycophants: they had no idea of genuine opinion within Nigeria or internationally".

Media playback is unsupported on your device

The hanging of the Ogoni campaigners took place just as Commonwealth heads of state were meeting in New Zealand for their biennial gathering.

The UK issued a statement condemning the executions, but it was South African President Nelson Mandela who led the international criticism.

He called for Nigeria to be suspended from the Commonwealth "at once" and that the suspension should not be lifted until the country had shown "much quicker" progress in returning from military to civilian rule. All political prisoners should be released, he argued.

In this, Mandela was backed by his Zimbabwean counterpart Robert Mugabe and Kenya's Daniel arap Moi, but the suggestion was criticised by a number of other African leaders, including Ghana's President Jerry Rawlings.

Mandela outspoken

The Commonwealth went ahead with the suspension, but Mandela was determined that the measures should not end there.

He continued his international engagement, making phone calls to Mr Clinton and keeping in touch with Mr Major by phone after the Commonwealth summit ended.

In demanding strong action Mandela appeared to have been isolated from the rest of his government.

Newspaper reports at the time indicate that then Deputy President Thabo Mbeki and the Deputy Foreign Minister, Aziz Pahad, had been reluctant to pursue sanctions against Nigeria.

The UK, together with the European Union (EU), took a number of steps.

Ambassadors to Nigeria were recalled, military training and aid were suspended and an EU-wide arms embargo was instituted.

While Mr Major was willing to consider wider economic sanctions, he was unwilling to do so alone.

The UK accounted for just 1% of Nigeria's oil exports, while the US took 40%.

As a result, Mr Major told Mr Clinton, "we were not well placed to press for [sanctions]".

The UK also had a good deal to lose if Nigeria retaliated.

Pressure from Shell

There was a considerable British expatriate community in Nigeria and UK investments in the country totalled between $3.9bn and $6.5bn (£3bn and £5bn).

This included Shell, which extracted half of the country's oil and was contemplating building a major natural gas project.

The Shell chairman at the time, Cornelius Herkströter, wrote to Mr Major at the height of the controversy, pointing out just how important these investments were.

He argued that the gas liquefaction plant would "make a major contribution to environmental improvement in the region" since it would reduce the need for the flaring of gas.

In the end, the problem of getting UN Security Council approval for an oil embargo appeared to have blocked progress on wider sanctions.

Nigeria was only re-admitted to the Commonwealth in May 1999, on the day on which the country's new civilian government assumed power - ending three-and-a-half years of isolation.

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2019-12-31 09:05:07Z
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Senin, 30 Desember 2019

Ayia Napa Briton guilty over false rape claim - BBC News

A 19-year-old British woman has been found guilty of lying about being gang-raped by Israeli youths in Ayia Napa, Cyprus.

She had been arrested after withdrawing an allegation that she was attacked by 12 young Israelis in a hotel in July.

The woman had said Cypriot police made her falsely confess to lying about the incident - but the police denied this.

She was found guilty on a charge of causing public mischief, at a court in Paralimni.

The judge at the Famagusta District Court adjourned sentencing until 7 January. She could face up to a year in jail and a £1,500 fine, but her lawyers have asked for a suspended sentence.

Lawyer Michael Polak, director of Justice Abroad which is assisting the woman, told BBC News that "there were a number of bases for appealing the decision".

He said those reasons included the court relying on a retraction statement which was given when no lawyer was present, which he said was a breach of European human rights law.

He also criticised the handling of the case by Judge Michalis Papathanasiou, who he said refused to hear any evidence about whether the alleged rape took place.

Media playback is unsupported on your device

Prosecutors said the woman willingly wrote and signed a statement retracting her claims 10 days after making the initial allegations.

The woman told the court this happened under duress with the threat of arrest and that she had been denied access to a lawyer.

The trial began at the start of October - with the verdict delayed until now.

The judge said the teenager did not tell the truth and had tried to deceive the court.

He said the reason she initially gave a false statement was because she felt "embarrassed" after finding out some of the group had filmed her having sex on their mobile phones.

Her lawyers had argued that the video found on some of the Israelis' phones showed her having consensual sex with one of the group while others tried to enter the room as she told them to leave.

Twelve men were arrested in connection with the allegations but were later released and returned home.

The Briton spent more than a month in prison before she was granted bail at the end of August, but had not been allowed to leave the island.

Following the verdict, the woman was heard saying to her lawyers "I thought you were asking for a fine", after Ritsa Pekri asked the judge to impose a suspended sentence.

Another of the woman's lawyers, Nicoletta Charalambidou, told reporters outside court that they were planning to appeal against the decision to Cyprus' Supreme Court, and if that failed they would take the case to the European Court of Human Rights.

BBC Europe correspondent Kevin Connolly said the woman's family spent Christmas with her on the Mediterranean island.

Earlier this month, her mother told the BBC's Victoria Derbyshire programme the past few months had been a "living nightmare".

She said her daughter, who was in Cyprus for a working holiday and had been due to start university after the summer, had post-traumatic stress disorder and the symptoms had become "much, much worse" since the alleged rape.

She also criticised what she saw as a lack of support from the authorities, saying that her daughter's human rights had been "violated the whole way through" the process.

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2019-12-30 10:18:12Z
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Briton guilty over Ayia Napa false rape claim - BBC News

A 19-year-old British woman has been found guilty of lying about being gang-raped by Israeli youths in Ayia Napa, Cyprus.

She had been arrested after withdrawing an allegation that she was attacked by 12 young Israelis in a hotel in July.

The woman had said Cypriot police made her falsely confess to lying about the incident - but the police denied this.

She was found guilty on a charge of causing public mischief, at a court in Paralimni.

The judge at the Famagusta District Court adjourned sentencing until 7 January. She could face up to a year in jail and a £1,500 fine, but her lawyers have asked for a suspended sentence.

Lawyer Michael Polak, director of Justice Abroad which is assisting the woman, told BBC News that "there were a number of bases for appealing the decision".

He said those reasons included the court relying on a retraction statement which was given when no lawyer was present, which he said was a breach of European human rights law.

He also criticised the handling of the case by Judge Michalis Papathanasiou, who he said refused to hear any evidence about whether the alleged rape took place.

Media playback is unsupported on your device

Prosecutors said the woman willingly wrote and signed a statement retracting her claims 10 days after making the initial allegations.

The woman told the court this happened under duress with the threat of arrest and that she had been denied access to a lawyer.

The trial began at the start of October - with the verdict delayed until now.

The judge said the teenager did not tell the truth and had tried to deceive the court with "convenient" and "evasive" statements.

He said she told investigators she made up the claims because she felt "ashamed" after finding out some of the Israelis had filmed her having sex on their mobile phones.

Twelve Israelis were arrested in connection with the allegations but were later released and returned home.

The Briton spent more than a month in prison before she was granted bail at the end of August, but had not been allowed to leave the island.

Following the verdict, the woman was heard saying to her lawyers "I thought you were asking for a fine", after Ritsa Pekri asked the judge to impose a suspended sentence.

Another of the woman's lawyers, Nicoletta Charalambidou, told reporters outside court that they were planning to appeal against the decision to Cyprus' Supreme Court, and if that fails they would take the case to the European Court of Human Rights.

BBC Europe correspondent Kevin Connolly said the woman's family spent Christmas with her on the Mediterranean island.

Earlier this month, her mother told the BBC's Victoria Derbyshire programme the past few months had been a "living nightmare".

She said her daughter, who was in Cyprus for a working holiday and had been due to start university after the summer, had post-traumatic stress disorder and the symptoms had become "much, much worse" since the alleged rape.

She also criticised what she saw as a lack of support from the authorities, saying that her daughter's human rights had been "violated the whole way through" the process.

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2019-12-30 01:42:47Z
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Briton guilty over Ayia Napa false rape claim - BBC News

A 19-year-old British woman has been found guilty of lying about being gang-raped in Ayia Napa, Cyprus, by Israeli youths.

She had been arrested after withdrawing an allegation that she was attacked by 12 young Israelis in a hotel in July.

The woman had said Cypriot police made her falsely confess to lying about the incident - but the police denied this.

She was found guilty on a charge of causing public mischief, at a court in Paralimni.

The judge at the Famagusta District Court adjourned sentencing until 7 January. She could face up to a year in jail, but her lawyers have asked for a suspended sentence.

Prosecutors said she willingly wrote and signed a statement retracting her claims 10 days after making the initial allegations.

The woman told the court this happened under duress with the threat of arrest and that she had been denied access to a lawyer.

Twelve Israelis were arrested in connection with the allegations but were later released and returned home.

The Briton spent more than a month in prison before she was granted bail at the end of August, but had not been allowed to leave the island.

The trial began at the start of October - with the verdict delayed until now.

BBC Europe correspondent Kevin Connolly said the woman's family spent Christmas with her on the Mediterranean island.

He said that lawyers representing the woman had indicated they were willing to challenge the verdict as far as the European Court of Human Rights.

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2019-12-30 01:01:29Z
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Minggu, 29 Desember 2019

New Year Honours: Government apologises after addresses published - BBC News

The government has apologised "to all those affected" after it accidentally published addresses of more than 1,000 New Year Honour recipients online.

The file - which included details of senior police officers and politicians - was uploaded to an official website on Friday evening and removed Saturday.

The Cabinet Office told the BBC it was "looking into how this happened".

Among the addresses were those of Sir Elton John and former director of public prosecutions Alison Saunders.

Also on the list of 1,097 honours recipients were high-profile names such as cricketer Ben Stokes, former Conservative Party leader Iain Duncan Smith, TV cook Nadiya Hussain, and former Ofcom boss Sharon White.

The data breach was described as "farcical and inexcusable" by privacy campaign group Big Brother Watch.

The organisation's director, Silkie Carlo, said: "It's extremely worrying to see that the government doesn't have a basic grip on data protection, and that people receiving some of the highest honours have been put at risk because of this.

"It's a farcical and inexcusable mistake, especially given the new Data Protection Act passed by the government last year. It clearly can't stick by its rules."

A government spokesman said: "A version of the New Year Honours 2020 list was published in error which contained recipients' addresses.

"The information was removed as soon as possible.

"We have reported the matter to the ICO [Information Commissioner's Office] and are contacting all those affected directly."

The ICO, which has the power to fine organisations for data breaches, said it will be "making enquiries".

'Much depends on the attitude of those affected'

There is no doubt that this is a serious data breach and the government, of all organisations, should be better acquainted with the law on disclosing sensitive personal information.

But while some of the celebrities and the police officers awarded honours may be concerned about their privacy and security, it would have been far more serious if the home addresses of those on the list of gallantry awards had been leaked.

The Information Commissioner's Office has so far only levied one fine under the new Data Protection Act which came into effect in 2018 - a London pharmacy was fined £275,000 for careless storage of the very sensitive medical data of half a million people.

Lawyers who specialise in data protection think the ICO will see this as a less serious case of human error and may let the Cabinet Office escape with a warning about improving its practices.

But they say much now depends on the attitude of those who have seen their data leaked - they could decide to bring civil claims against the government for putting in the public domain information many of them have been determined to keep private.

Data rights lawyer Ravi Naik said the government could face legal action from those whose addresses were published, as well as from the ICO.

He also warned that anyone who came across the information should tell the ICO and not pass it onto others - because they themselves might face legal action.

'Sensitive names'

Simon Winch, a sustainability professional from London, was among those who were able to access the sensitive information.

He told the BBC: "I clicked on the link on the gov.uk website at around 11pm on Friday and the spreadsheet opened up.

"At first I thought everyone on the list had given their permission to publish their personal addresses. But then I saw that some quite sensitive names were on there."

Another source told the BBC they accessed the file just after midnight on Saturday but were unable to do so by 05:00 GMT.

The Cabinet Office said the document was visible for around an hour.

Most of the entries in the spreadsheet include full addresses - including house numbers and postcodes.

A separate list, that does not appear to be involved in the breach, covers gallantry awards for police, ambulance and fire staff and military personnel.

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2019-12-29 07:01:37Z
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