Saturday, September 21, 2013

Hackney woman told to remove burka by crown court judge


A judge has refused to let a Muslim woman in a full-length burka enter a plea until she reveals her face.
The 21-year-old from Hackney, who is charged with intimidating a witness, said she could not remove the veil in front of men because of her religion.
Judge Peter Murphy said however, she could not stand trial in the veil, which only reveals her eyes, because her identity could not be confirmed.
The woman is due back at Blackfriars Crown Court on 12 September.
Judge Murphy said the principle of open justice overrode the woman's religious beliefs, warning that a different person could go into the dock pretending to be her if she did not show her face.
'Open justice'
He said: "It is necessary for this court to be satisfied that they can recognise the defendant.
"While I obviously respect the right to dress in any way she wishes, certainly while outside the court, the interests of justice are paramount.
"I can't, as a circuit judge, accept a plea from a person whose identity I am unable to ascertain."
The woman's barrister, Claire Burtwistle, told the court the woman was not prepared to lower her veil with men in the room and suggested a female police officer or prison guard could identify the defendant and confirm it to the court.
However, Judge Murphy rejected the proposal and said: "It seems to me to be quite fundamental that the court is sure who it is dealing with.
"In my court room, that's going to come first.
"There is the principle of open justice and it can't be subject to the religion of the defendant whether the principle is observed or not."
Judge Murphy adjourned the case for legal argument over whether the defendant should have to remove her veil.
When the woman returns to court she is expected to enter a not guilty plea.

Debate needed on veils in some public places, says minister


Jeremy Browne fears girls may feel pressured into wearing the veil

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The government should consider banning Muslim girls from wearing veils in public places such as schools, a Lib Dem Home Office minister has said.
Jeremy Browne said he was "uneasy" about restricting freedoms, but urged a national debate on the state's role in stopping veils being imposed on girls.
It comes after Birmingham Metropolitan College dropped a ban on pupils wearing full-face veils, amid protests.
A Muslim group said it was "disgusted" by the minister's call.
'Very cautious'
In an interview with the Daily Telegraph, Mr Browne suggested action might be needed to protect the freedom of choice for Muslim girls too young to decide for themselves whether they wanted to wear the veil.
"I think this is a good topic for national debate. People of liberal instincts will have competing notions of how to protect and promote freedom of choice," he said.
"I am instinctively uneasy about restricting the freedom of individuals to observe the religion of their choice.

Imposing dress codes

• Schools can set their own uniform rules, but must take account of pupils' rights to free expression, equal justice and respect for religion or belief. If rules exclude a pupil from an aspect of school life - without justification, such as safety - that may constitute indirect discrimination
• Employers too can set their own rules, but must make sure they don't discriminate without justification
• Privately-owned public places, for example, shopping malls, can set dress codes - banning hoods or baseball caps, for example
• If a business decides who to serve based on a protected characteristic, such as religion, they risk discriminating. Pubs, clubs and restaurants though regularly use their discretion to impose dress codes, including banning items such as football shirts
• There is no ban on veils in UK courts, but European law says the state can tell you to remove your religious dress if it's necessary to achieve some other public good, such as maintain law and order. The Equal Treatment Bench Book tells judges to focus on whether the specific circumstances of a case require removal in order to achieve justice
• Women wearing face coverings are required to remove them when entering the UK at ports and airports, but can request to be seen by a female border officer in a private room
"But there is genuine debate about whether girls should feel a compulsion to wear a veil when society deems children to be unable to express personal choices about other areas like buying alcohol, smoking or getting married."
He added: "We should be very cautious about imposing religious conformity on a society which has always valued freedom of expression."
Speaking on Sunday at the Lib Dem party conference in Glasgow - before the article was published - Mr Browne said the UK had a "proud record" in the country of defending freedom of religious choice and the rights of religious minorities but the state also had a role in protecting peoples' individual liberty.
The minister's comments come after the Birmingham college went back on its policy of telling pupils to remove hoodies, hats, caps and veils so students were easily identifiable.
Instead, it decided to modify its stance to allow individuals to wear "specific items of personal clothing to reflect their cultural values".
Boris Johnson described the debate as a "very difficult issue"
Mr Clegg told the BBC he did not believe in issuing "edicts from Whitehall" and telling people what pieces of clothing they should wear". He said he believed the wearing of full veils was "not appropriate" in the classroom, but would not support a "state ban" on doing so.
The prime minister's spokesman said he supported schools setting their own uniform guidelines.
'Disgusted'
Sarah Wollaston, the Conservative MP for Totnes, said full-length burkas had "nothing to do with freedom" and prevented some women from "participating fully & equally in society" while the niqab veil - which almost entirely covers the face - made its wearers "invisible".
In a series of messages on Twitter, she denied "pandering" to anyone on the issue and suggested politicians who were afraid to talk about the matter risked "selling out women's rights".
"Feminists should be allowed to say that they find the niqab deeply offensive without being accused of being bigoted or islamophobic."
But Mohammed Shafiq of the Ramadhan Foundation - a group that works with young Muslims in the UK and tries to foster better relations with non-Muslims - said he was "disgusted" by Mr Browne's call.
"This is another example of the double standards that are applied to Muslims in our country by some politicians.
"Whatever one's religion they should be free to practise it according to their own choices and any attempt by the government to ban Muslim women will be strongly resisted by the Muslim community."
Mohammed Khaliel, founder of Islamix, a group that aims to build understanding between communities, said: "A small section of the Muslim community do believe that the face veil is mandatory...
"Now, why should I go and rip that off their face saying 'I don't think you should believe that'?"

Muslim woman must remove veil to give trial evidence


Woman arrives at Blackfriars Crown CourtThe defendant, who cannot be identified, was present for the hearing

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A Muslim woman can stand trial wearing a full-face veil but must remove it to give evidence, a judge has ruled.
Judge Peter Murphy made the ruling at Blackfriars Crown Court in London where the woman is due to stand trial accused of intimidating a witness.
The 22-year-old woman, from Hackney, has refused to remove her niqab and reveal her face in front of any man.
The woman, who cannot be named for legal reasons, pleaded not guilty at an earlier hearing.
The judge's ruling means that if the woman, who started wearing a veil in May 2012, refuses to comply during her trial she could be jailed for contempt of court.
The only part of a niqab-wearer's face that is visible is a narrow section across the eyes.
The judge said he would offer the woman a screen to shield her from public view while giving evidence but that she had to be seen by him, the jury and lawyers.
At other times during the trial the woman will be allowed to keep her face covered while sitting in the dock.
'Elephant in courtroom'
In the ruling Judge Murphy said: "The ability of the jury to see the defendant for the purposes of evaluating her evidence is crucial."
Referring to the woman as "D", he said he had "no reason to doubt the sincerity of her belief" and his decision would have been the same if she had worn the niqab for years.

Analysis

It is an important element of adversarial trial by jury in England and Wales that the facial expressions of a witness or defendant are part of the evidence in the case.
The jury is entitled to rely on their observations of the defendant both when he or she gives evidence, and also throughout the trial, as they see how the defendant reacts when evidence is given by others.
None of that is possible if the accused's face is covered.
That is why, in Judge Murphy's words, the niqab has become the 'elephant in the courtroom'.
It is in order to try and deal with that 'elephant' that he has tried to give guidance which respects the defendant's right to manifest her religious beliefs, whilst also allowing a centuries-old way of conducting trial by jury to continue.
It is a not an easy balance to strike.
He said that "the niqab has become the elephant in the courtroom" and there was widespread anxiety among judges over how to tackle the issue.
He added he hoped "Parliament or a higher court will provide a definite answer to the issue soon".
Judge Murphy said: "If judges in different cases in different places took differing approaches [to the niqab] the result would be judicial anarchy."
The woman's defence barrister Susan Meek had argued the woman's human right to express her faith through her attire would be breached if she was ordered to remove her veil.
When asked if there would be an appeal against the decision, the woman's lawyer said she and her client would "consider our options".
At a previous hearing, the issue of her identity was resolved when the woman removed her veil in private for a female police officer.
Judge Murphy's ruling comes as Liberal Democrat Home Office minister Jeremy Browne said he was "uneasy" about restricting freedoms and called for a national debate on the state's role in stopping veils being imposed on girls.
Keith Porteous Wood, executive director of the National Secular Society, said he believed it was "vital" defendants' faces were visible at "all times" and said he "regretted" the judge's decision.
He added: "We will be complaining to the Office of Judicial Complaints and also be asking senior legal officers to make visibility throughout court hearings mandatory, and not subject to judges' discretion."
The woman's trial over alleged witness intimidation is due to begin at Blackfriars Crown Court on 4 November.

Al-Qaeda link to mass shooting in Kenyan mall

 Al-Qaeda-linked militants stormed an upscale shopping mall in the Kenyan capital, Nairobi, and killed at least 39 people in the country's worst terrorist attack in 15 years.
More than 150 people were injured, Kenyan President Uhuru Kenyatta said in a statement broadcast on national television, as he vowed to hunt down those responsible.
Kenyan police search the Westgate mall in Nairobi for the gunmen.
Kenyan police search the Westgate mall in Nairobi for the gunmen.
Kenya's police and army were still engaged in a standoff with the gunmen more than 11 hours after the attack began. An unspecified number of people are being held hostage, the Kenya Red Cross said.
"Our security forces are conducting a multi-agency response to this attack as we speak and are in the process of neutralising the attackers and securing the mall," Mr Kenyatta said.
"We shall hunt down the perpetrators wherever they run to. We shall get them. We shall punish them for this heinous crime."
An injured woman is helped out of the Westgate Shopping Centre in Nairobi.Click for more photos

WARNING: GRAPHIC IMAGES

An injured woman is helped out of the Westgate Shopping Centre in Nairobi. Photo: Reuters
Yesterday's incident was the deadliest attack in Kenya since the 1998 bombing of the US Embassy in central Nairobi that killed 213 people.
The al-Shabab Islamist militant group in neighbouring Somalia threatened to carry out attacks in Kenya after the country deployed its army to southern Somalia in October 2011 to fight the group.
"Al-Shabab confirms it's behind the Westgate spectacle," the group said on its Twitter feed.
"The mujahideen entered Westgate Mall today at around noon and are still inside the mall, fighting the Kenyan Kuffar inside their own turf."
The attack at the Westgate Mall in Westlands, three kilometres north-west of Nairobi's city centre, started at about 12.30pm local time on Saturday.
Middle-class Kenyans and expatriates frequent the shopping centre which has more than 80 shops including bank, a movie theatre, restaurants and a children's play area.
The raid began with several blasts and was followed by shooting, causing panicked shoppers to flee the building or try to hide.
The attackers, who threw grenades, told Muslims they could go free and that non-Muslims were the target.
Marco Lui, a Bloomberg correspondent who was on the second floor of the mall when the attack started, said he heard two explosions within about five minutes.
"We heard a noise from the ground floor and people started running to the parking area on the rooftop," Lui said.
"They were panicking and then the second blast went off and people were even more panicked."
The gunmen entered through the main door of the mall and went on a shooting rampage, moving from the ground level to upper floors, according to staff ArtCaffe, a restaurant in the mall.
"On hearing the gunfire, patrons and staff in the mall ran for cover at every level," they said.
Lui and a friend who were visiting the mall escaped by jumping over a fence on the roof and onto the first floor of an adjoining building. Both were unharmed.
Local broadcasters, including Nation TV, showed images of people fleeing the building under the protection of armed security officers, while some clutched children and broke down in tears. Some of the injured were carried out by other survivors or pushed in shopping carts to waiting ambulances and dead bodies were loaded onto a pick-up truck.
Kenyan soldiers wounded one gunman and have "several others pinned down," Police Inspector-General David Kimaiyo said on his Twitter account about eight hours after the raid started.
An unknown number of hostages were being held in the Nakumatt supermarket at the mall, Abbas Gullet, secretary- general of the Kenya Red Cross, said.
"All the other floors have been cleared, apart from the Nakumatt, which is the biggest shopping complex," Mr Gullet said.
Gunmen or shoppers "could be in stair wells, we don't know, and other places, we don't know."
United Nations Secretary-General Ban Ki-moon spoke to Mr Kenyatta and expressed his concern and offered his solidarity as the Kenyan authorities dealt with the incident.
"The secretary-general is following closely and with alarm the attack on a shopping mall in Nairobi," according to a statement published on the organisation's website.
An unspecified number of US citizens were injured in the attack, State Department deputy spokesperson Marie Harf said in a statement.
"The US Embassy is actively reaching out to provide assistance," Ms Harf said.
"Due to privacy considerations, we have no further comment on American citizens at this time."
The British government is keeping "in close touch with Kenyan authorities about the attack," British Foreign Secretary William Hague said on his official Twitter account.
"Appalled by the attack and my thoughts are with everyone affected by it," he said.


Read more: http://www.theage.com.au/world/alqaeda-link-to-mass-shooting-in-kenyan-mall-20130922-2u7gh.html#ixzz2fZdl5agm

Sunday, July 21, 2013

Norwegian woman: I was raped in Dubai, now I face prison sentence


By Nicola Goulding and Phil O'Sullivan, CNN
July 21, 2013 -- Updated 0327 GMT (1127 HKT)
STORY HIGHLIGHTS
  • Marte Deborah Dalelv says she was sentenced to prison in Dubai after reporting she was raped
  • The Norwegian alleges she was attacked by a colleague after a night out on work trip
  • Norway's foreign minister tells UAE her conviction "is contrary to fundamental human rights"
  • Dubai police and UAE authorities have not responded to CNN's requests for comment
Dubai (CNN) -- Norwegian interior designer Marte Deborah Dalelv has spoken out after being handed a 16-month prison sentence in Dubai -- after she went to police to report she had been raped by a colleague.
The 24-year-old was convicted and sentenced on charges of having unlawful sex, making a false statement and illegal consumption of alcohol.
This family handout photo taken in Abu Dhabi in May 2013 shows Norwegian businesswoman Marte Deborah Dalelv, 24. A Dubai court has sentenced her to 16 months in prison for extramarital sex after she reported being raped, according to news reports from the United Arab Emirates.
This family handout photo taken in Abu Dhabi in May 2013 shows Norwegian businesswoman Marte Deborah Dalelv, 24. A Dubai court has sentenced her to 16 months in prison for extramarital sex after she reported being raped, according to news reports from the United Arab Emirates.
Her story is dominating the headlines in Norway, and has raised serious questions over the way women who allege sexual assault are treated in the United Arab Emirates.
Dalelv, who had been working at an interior design firm in Qatar since September 2011, told CNN on Saturday how a work trip to Dubai in March with three colleagues turned into a nightmare.
She said she had been out at a bar with her colleagues and friends, and asked a male colleague to walk her to her room when they returned at 3 a.m. to the hotel. She'd asked him to escort her because the hotel was large and confusing, and she didn't want to be wandering on her own, knowing she'd been drinking, she said.
When they reached a room, she realized it wasn't hers -- but the man then pulled her inside despite her vocal objections, according to Dalelv.
"He dragged me by my purse in, so I thought, 'OK, I just need to calm the situation down. I will finish my bottle of water, I will sit here and then I will excuse myself and say I feel fine,'" she said.
That was pretty much the last thing she said she remembers before the alleged sexual assault. "I woke up with my clothes off, sleeping on my belly, and he was raping me. I tried to get off, I tried to get him off, but he pushed me back down."
After someone knocked -- the hotel wake-up call -- she managed to get dressed and make it downstairs to the hotel reception, Dalelv said. "I called the police. That is what you do. We are trained on that from when we are very young," she said.
Some 10 or 12 male police officers arrived, but no female police officers were present, she said. Statements were taken from both Dalelv and the alleged rapist.
She was then taken to Bur Dubai police station, she said.
After again giving her version of events to officers, Dalelv said, "They asked me, 'Are you sure you called the police because you just didn't like it?' I said, 'Well of course I didn't like it.' That is when I knew, I don't think they are going to believe me at all."
Dalelv says she was taken for an intimate medical exam and tested for alcohol consumption. Her belongings were taken and she was kept in jail for four days, she said, with no explanation as to why.
Dubai police and UAE government officials have not responded to repeated CNN requests for comment.
Dalelv said she managed to call her parents on the third day to tell them she had been raped and ask them to contact the Norwegian Embassy. A day later, a representative from the Norwegian consulate came to the police station and she was released -- but her passport was not returned.
A piece of paper with Arabic text was handed to her, she said. An Arabic speaker told her it listed two charges against her: one for sex outside of marriage and the other for public consumption of alcohol. Both are violations of the law in the United Arab Emirates.
It was the first time she was made aware that she faced charges, Dalelv said.
She was allowed out on bail and has been staying since at the Norwegian Seaman's Center in Dubai.
Subsequently, she said her manager advised her to tell the police it was voluntary sexual intercourse and likely the whole issue would just go away. She followed the advice and in one of the many hearings at the public prosecutor's office, she made a statement saying it was voluntary.
Dalelv was then charged with making a false statement.
"That was my biggest regret because it wasn't voluntary. I just thought it would all go away," she told CNN.
But a representative of Al Mana Interiors, who Dalelv worked for, told CNN that she was not advised by her manager to say the sex was consensual but rather by a police officer, who told her that in Arabic and it was translated into English by her manager.
Dalelv said a month after the rape, while forced to stay in Dubai as the case wound through the legal system, she was fired.
The representative, who declined to be publicly identified, said Dalelv and the Sudanese man she accused -- who is married with three children -- have both been terminated by Al Mana Interiors for "drinking alcohol at a staff conference that resulted in trouble with the police."
A statement released late Saturday by Al Mana Interiors spokesman Hani El Korek said the company was sympathetic to Dalelv "during this very difficult situation." It also said that company representatives were by her side through the initial investigation, spending "days at both the police station and the prosecutor's office to help win her release."
"Only when Ms. Dalelv declined to have positive and constructive discussions about her employment status, and ceased communication with her employer, was the company forced to end our relationship with her," the statement said.
"The decision had nothing to do with the rape allegation, and unfortunately neither Ms. Dalelv nor her attorneys have chosen to contact the company to discuss her employment status."
The company is owned by Qatari billionaire Wissam Al Mana, who made headlines earlier this year after it was revealed that he has secretly married singer Janet Jackson in 2012.
Dalelv was convicted Tuesday on all three charges and was sentenced to one year in jail for having unlawful sex, three months in jail for making a false statement and one month for illegal consumption of alcohol.
CNN could not immediately confirm what happened to the alleged perpetrator, who was charged with public intoxication and having sex outside of marriage.
Dalelv is scheduled to appear at the court on September 5 to begin the appeal proceedings. Dalelv, who is not allowed to leave the UAE pending the appeal, said her lawyers have instructed her to be prepared to go back into jail while they submit a request for bail while the appeal is ongoing.
As a rule, CNN does not identify victims of sexual assault, but Dalelv went public with her story.
Facebook page has been set up calling for Dalelv's release, as well as a petition urging the Norwegian government to take action on her behalf.
Her conviction may risk wider diplomatic repercussions.
Norwegian Foreign Affairs Minister Espen Barth Eide called his UAE counterpart, Sheikh Abdullah Bin Zayed al-Nahyan, on Friday night to protest Dalelv's sentencing, a statement from the Norwegian ministry said.
"I emphasized that we believe that the conviction is contrary to fundamental human rights, including conventions that the UAE have officially ratified," Eide is quoted as saying.
"Norway will continue to do what we can to support her in what is a very difficult situation. Our cooperation with the UAE is strong and good, but I conveyed to my colleague that we are worried that this difficult case may disturb our good relations if we do not reach a good solution in the near future."
Dalelv told CNN she received a call from Eide on Friday reiterating Norway's support.
While Dubai has a reputation as cosmopolitan city that boasts Western influences, where visitors can drink at bars and restaurants and unmarried couples can share hotel rooms, the country adheres to Islamic laws and traditions.
The United Arab Emirates has been heavily criticized by rights groups, which say it condones sexual violence against women. Human Rights Watch has called its record "shameful," saying it must change the way it handles such cases.
In December 2012, a British woman reported being raped by three men in Dubai. She was found guilty of drinking alcohol without a license and fined.
In January 2010, a British woman told authorities she was raped by an employee at a Dubai hotel. She was charged with public intoxication and having sex outside of marriage.
An Australian woman reported in 2008 that she was drugged and gang-raped. She was convicted of having sex outside marriage and drinking alcohol, and she was sentenced to 11 months in prison.
CNN's Chelsea J. Carter, Laura Smith-Spark, Bharati Naik, Phil O'Sullivan and Caroline Faraj contributed to this report.

Wednesday, July 17, 2013

Taliban to Malala Yousafzai: we regret the shooting but you should join a madrassa

 Malala Yousafzai at the United Nation in New York
Malala Yousafzai at the United Nation in New York Photo: AP
Peshawar, Pakistan: A senior Pakistani Taliban commander has written to Malala Yousafzai, the teenage activist shot by militants, accusing her of "smearing" them and urging her to return home and join a madrassa.
Gunmen from the Tehreek-e-Taliban Pakistan shot Malala, now 16, in the head in her home town in Swat, in the country's northwest, where she campaigned for the right of girls to go to school, last October.
'I advise you to come back home, adopt the Islamic and Pashtun culture' wrote the Taliban member 
Malala made a powerful speech to the UN on Friday in her first public appearance since the attack which almost killed her, vowing to continue her struggle for education and not be silenced by the militants.
In an open letter released on Wednesday, Adnan Rasheed, a former air force member turned TTP cadre, said he personally wished the attack had not happened, but accused her of running a "smearing campaign" against the militants.
"It is amazing that you are shouting for education, you and the UNO (UN) is pretending that you were shot due to education, although this is not the reason ... not the education but your propaganda was the issue," Mr Rasheed wrote.
"What you are doing now, you are using your tongue on the behest of the others."
The letter, written in English, was sent to reporters in northwest Pakistan and its authenticity confirmed to AFP by a senior Taliban cadre who is a close associate of Mr Rasheed.
He accused Malala of seeking to promote an education system begun by the British colonialists to produce "Asians in blood but English in taste" and said students should study Islam and not what it called the "satanic or secular curriculum".
"I advise you to come back home, adopt the Islamic and Pashtun culture, join any female Islamic madrassa near your home town, study and learn the book of Allah, use your pen for Islam and plight of Muslim ummah (community)," Mr Rasheed wrote.
He said he had originally wanted to write to Malala to warn her against criticising the Taliban when she rose to prominence with a blog for the BBC Urdu service chronicling life under the militants' 2007-9 rule in Swat.
Mr Rasheed was sentenced to death over a 2003 attack on Pakistan's then military ruler General Pervez Musharraf but escaped from custody in a mass jailbreak in April last year.


Read more: http://www.theage.com.au/world/taliban-to-malala-yousafzai-we-regret-the-shooting-but-you-should-join-a-madrassa-20130718-2q59v.html#ixzz2ZLZvaTbV