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Thread: EUROPEAN COURT of HUMAN RIGHTS / ECHR

  1. #1

    EUROPEAN COURT of HUMAN RIGHTS / ECHR


    European Court of Human Rights prohibits insulting Prophet Muhammad


    The European Court of Human Rights (ECHR) dismissed a complaint from a resident of Austria, who had been earlier fined for criticising Prophet Mohammad. The woman wanted to challenge the decision of local authorities appealing to her right for freedom of speech.


    The resident of Austria said during a religious seminar in 2009 that Prophet Muhammad was prone to pedophilia. To substantiate her point of view, the woman referred to information about one of his wives, who, according to her, was only six years old when the marriage was concluded. "A 56-year-old and a six-year-old? ... What do we call it, if it is not pedophilia?" the woman then said. She did not mention, though, that the marriage had continued until Muhammad's death, when the girl, Aisha, turned 18.


    In 2011, the Regional Criminal Court of Vienna found an unmotivated "humiliation of religious doctrines" in those remarks and sentenced the woman to a fine of €480 and claim costs reimbursements. Neither the court of appeal nor the Supreme Court upheld the appeal against this decision.


    The European Court noted that criticism of religious judgments was not prohibited. However, if such statements may pursue the goal of "incitement of hatred on religious grounds", the state has the right to recognise them as statements exempt from freedom of speech. In addition, officials with the ECHR stressed that the fine that the unnamed Austrian citizen would have to pay is one of the lowest and therefore cannot be considered as exceeded.


    http://www.pravdareport.com/news/society/

    Muhammad is not worthy of worship.




    Don’t defame Mohammed: ECHR affirms European sharia blasphemy law


    The European Court of Human Rights has
    unanimously decreed that national governments may fine or imprison their citizens for attacking or defaming Mohammed. The judges determined that “the Prophet of Islam” may not be called a paedophile because to do so is: i) devoid of historical context; and ii) false because he also had adult wives (so taking a bath with children and fondling them is fine so long as you also fondle adults?). Henceforth, those who make “an abusive attack on the Prophet of Islam, which [is] capable of stirring up prejudice and putting at risk religious peace” may be subject to “a moderate fine” of €480 or serve 60 days of imprisonment in the event of default.



    Is that clear? In Europe, in the 21st century, to be fined or imprisoned for defaming Mohammed is not a violation of the freedom of expression, because such an attack “goes beyond the permissible limits of an objective debate” and is “likely to arouse justified indignation in Muslims”.



    Whatever level of non-expertise in Islamic theology or history the Austrian national known as ‘Mrs. S.’ possessed, by this bizarre judgment the ECHR eschews foundational values of the Enlightenment by facilitating the spread of a sharia blasphemy code in Europe. It appears henceforth that only academic experts in seventh-century Arabian history or law may comment on the fact (and for many Muslims it is a fact) that the 56-year-old Mohammed married a six-year-old girl called Aisha (and consummated the marriage when she was nine). It isn’t clear what level of academic certification the ECHR judges require in order to establish adequate learning and knowledge (PhD? A-level Religious Studies?), but it is certain that if, like ‘Mrs. S.’, you offer seminars on Islam which do not provide information in an “objective manner”, you may now be fined (or imprisoned) for imparting your prejudice or ignorance.



    Of course, in the matter of Aisha’s betrothal to Mohammed there is cultural context and religious history to consider (as there is in all of Mohammed’s war-mongering and barbarism [may one say that?]), and all of this contested history, contentious theology and murky religious sociology is rather more interesting and ethically nuanced than crassly hurling ‘paedo’ allegations at Mohammed. But there is something inescapably suicidal about a purported Court of the Enlightenment determining that statements about a religion which are “capable of arousing justified indignation” constitute a “malicious violation of the spirit of tolerance”, and so must be censored. Or, more specifically, those who defame Mohammed from a point of historical ignorance or religious prejudice may now be fined or imprisoned. If Islam forbids any criticism of its precepts, permitting only Islamic scholars to pronounce upon the reliability of its history and the validity of its morality, and if the ECHR now affirms this, in what sense is this not a violation of the freedom of expression of both non-Muslims and all those enlightened Muslims who wish to carry out a bit of quranic or hadithic form criticism and develop a reason-based prophetology?



    Presumably, attacking or defaming Jesus is permissible because it is unlikely to arouse “justified indignation” in Christians. Or at least it is not likely “to disturb the religious peace” of the country. Or is it that any indignation felt by Christians would be unjustified? It isn’t clear what the wider implications of this judgment may be: we are not likely to see a Europe-wide ban on broadcasting The Life of Brian.



    But to learn that one who has sex with children is not a paedophile provided that he (or she) also has sex with adults is a part of this judgment which will have consequences far beyond the reputation of a long-dead false* prophet called Mohammed.


    Don’t defame Mohammed: ECHR affirms European sharia blasphemy law 02 May 2019.


  2. #2

    Leaving the ECHR is not enough


    Leaving the ECHR is not enough, we need to take back control from European and British judges.



    The UK could be leaving the European Convention on Human Rights (ECHR). The EU has demanded that the UK be bound by the ECHR as a condition of a post-Brexit trade deal. Reports suggest the government could reject this demand, paving the way to leave the ECHR at a later date. Leaving the jurisdiction of the ECHR would also require repealing the UK Human Rights Act, which in 1998 made the European Convention part of English law.


    It is revealing that the ECHR has become part of the EU’s negotiating strategy. In the aftermath of the Brexit referendum,
    human-rightsorganisations were desperate to point out that the ECHR is separate to the EU. Indeed, it is often confused with the European Court of Justice (ECJ) in Luxembourg, which decides on matters relating to EU law. The ECHR, on the other hand, was drafted by the Council of Europe and is overseen by the European Court of Human Rights in Strasbourg. The ECHR also tends to give a significant margin of appreciation to UK courts, meaning that Strasbourg rarely overturns decisions made by British judges.


    But just because the ECHR and the EU are formally separate does not mean they are unrelated. Both institutions have their roots in the 1948 Hague Congress, or the Congress of Europe. The architects of the ECHR were predominantly British Conservatives, like Winston Churchill and David Maxwell Fyfe, who were concerned about the spread of socialism from the Soviet Union across Western Europe. Both the ECHR and the European Economic Community (the EU’s predecessor) were seen as a way of protecting European elites from the supposedly malign influence of democracy.



    The UK should stick to its guns. Leaving the ECHR would present a significant opportunity to rethink the relationship between the individual and the state.


    Some commentators have argued that a repeal of the Human Rights Act would provide the opportunity for a British Bill of Rights, or some other law, which would better empower the British courts to protect our freedoms. The British Common Law, they argue, is the proper forum for the defence of our hard-won liberties.


    But this is short-sighted. It would merely replace one law empowering the judiciary with another. It is true that the British Common Law is the origin of many important legal rights. That does not mean we should rely on the courts to limit the intrusion of the law into our lives.


    We need to build a political community which truly respects individual freedom. This means wrestling control of freedom back not just from the judges in Europe, but also the judiciary in the UK.


    We should start by repealing repressive laws. Laws like the Malicious Communications Act of 1988 and the Communications Act 2003 are now regularly used to police what people say online. We should introduce a strong presumption against prosecuting anyone accused of speech offences. We should look at our public-order legislation, which for decades has placed huge power in the hands of the police to control freedom of assembly. We need to look at the Regulation of Investigatory Powers Act 2000 (RIPA), which gives unprecedented powers to local authorities to place people under surveillance. Leaving the ECHR will mean little if we do not also reform the domestic laws which threaten liberty.


    If we are really going to ‘take back control’, we must limit the power of the law over people’s lives. This should not just mean leaving the European Convention. It should also mean repealing the UK laws which give the authorities and courts too much power to set the parameters of our freedom. Building a free society is a political rather than a legal project. It can only be achieved through democratic pressure and the political process, not legal cases in the courts.





    The human rights act, an asinine invention written by lefty sentimental fools who created a charter for law breaking criminals who have deprived their innocent law abiding victim of their human rights and in many cases their lives. AND THEN have scrupulous bent lawyers use this rancid system to protect the scum of the earth. We need rights who protect the victim and not the law breaker, and discard the protections that are stacked in the criminal’s favour.


    Leaving the ECHR is not enough - spiked

    08 III 2020.





    Abu Qatada
    claimed asylum in the United Kingdom in 1993 on a forged passport. In 1999, he was convicted in absentia in Jordan of planningthwarted terror plots during Jordan's millennium eve, and was sentenced to lifetime imprisonment with hard labour.[4] Abu Qatada was repeatedly imprisoned and released in the United Kingdom after he was first detained under anti-terrorism laws in 2002, but was not prosecuted for any crime.[7][8][9] The Algerian government described Abu Qatada as being involved with Islamists in London and possibly elsewhere.[10][11] After initially barring the United Kingdom from deporting Abu Qatada to Jordan, in May 2012 the European Court of Human Rights denied him leave to appeal against deportation without specifying a reason.[12][13]


    Abu Qatada - Wikipedia




    Abu Hamza
    , is an Egyptian cleric who was the imam of Finsbury Park Mosquein London, England, where he preached Islamic fundamentalism and militant Islamism.

    In 1979, he entered Britain on a student visa.[8] His initial reaction to life in Britain was to describe it as "a paradise, where you could do anything you wanted."[9


    In the early 1990s, Hamza lived in Bosnia under another name, and fought alongside Bosniaks against Serbs and Croats during the Bosnian War.[12][13]


    Hamza, who has one eye and no hands, once claimed he lost them fighting Soviet forces in Afghanistan.[14] CNN reported they were "injuries he says he sustained while tackling a landmine in Afghanistan."[15] Among several accounts that take issue with Hamza's story,[16][17] BBCsecurity correspondent Gordon Corera's introduction to Omar Nasiri's memoir Inside the Jihad: My Life with Al Qaeda says Hamza "boosted his credibility" with rumours he sustained the injuries fighting jihad; also that Nasiri knew they resulted from "an accident during experiments in a training camp", and Hamza asked Nasiri "to keep this secret in order to avoid undermining his reputation."[18] During his trial in the United States, Hamza stated that his injuries occurred whilst working with explosives with the Pakistani military in Lahore.[19] The UK tabloid press have nicknamed him "Hook" in allusion to the fictional pirate Captain Hook.[20][21][22]


    Family

    On 16 May 1980, Hamza married British citizen Valerie Fleming, a Roman Catholic convert to Islam,[23] and soon after they had a son, Mohammed Mustafa Kamel born in October 1981. In 1984, their relationship came under increasing strain and later in that year Hamza took three-year-old Mohammed with him to Egypt, effectively breaking contact with Valerie.[24] Eventually they divorced and he married Najat Mustafa, with whom he has seven children: five sons followed by two daughters.[25] Hamza's stepdaughter, Donna Traverso, told The Times in 2006 that she was convinced Hamza had duped her mother, Valerie, into marrying him in order to gain the right to stay in the UK (see "Arrests, charges and imprisonment" below).[26]


    In 2004, Hamza was arrested by British police after the United States requested he be extradited to face charges. He was later charged by British authorities with sixteen offences for inciting violence and racial hatred.[3] In 2006, a British court found him guilty of inciting violence, and sentenced him to seven years' imprisonment. On 5 October 2012, after an eight-year legal battle, he was extradited from the UK to the United States to face terrorism charges[4][5] and on 14 April 2014 his trial began in New York.[6] On 19 May 2014, Hamza was found guilty of eleven terrorism charges by a jury in Manhattan. On 9 January 2015, he was sentenced to life in prison without the possibility of parole.



    Abu Hamza al-Masri - Wikipedia


    These ‘revolting’ Islamic militants enter the UK and because of Human Rights can’t be deported. They never work and pay tax. They are life-long welfare recipients whom with their large families cost the state a great deal.

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