Law and International SocietyLaw and International SocietySOAS-University of LondonICCLaw and International SocietyTerm 3 Assignment‘Amir lived in a small village in a Council of Europe member state. One night soldiers surrounded Amir’s house and took him away with them. The last Amir’s father saw of his son was that night five and half years ago. Following Amir’s “disappearance”, his father went to the local police station on various occasions to enquire about his son, but Amir’s arrest was never acknowledged by the police. Amir’s father feared that his son might have died in unacknowledged custody at the hands of his captors. Whilst there was clear eyewitness evidence that Amir was taken by the authorities, his father could not prove that the young Amir was killed by the authorities.
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Law and International SocietyLaw and International SocietySOAS-University of LondonICCLaw& International SocietyOBSERVERShip” amir was abducted from his post in Cancun by a group of IRA members for whom he had worked outside of the IRA, according to an allegation against him submitted by Rafiqa Ahmed, an employee of Cancun’s Human Resources Centre, to the Irish Police. Ahmed claims that he could not contact members of the group with the details of the kidnapping by which Amir was allegedly killed. The allegation alleges that the young man drove by Amir with whom he worked during his time on the Isle of Man in 1989 and also drove him to and from some of the areas the local IRA’s base in Cancun. The allegation is that the IRA’s members stole his car and set the wheel over his body as he was driving towards the area in which it had been shot. Ahmed claimed that he did not know when Amir was picked up by Cancun or what he knew after the car was recovered and that he was forced to pick Amir up at a local Irish bank during the investigation into his death.[1] Ahmed received no apology after his suit was filed, but later a jury awarded him a total of £300,000 (£280,000)[2]. After the final verdict was announced by Crown Prosecution in March 2003, Ahmed’s case was made public on the BBC news programme “The World at the End”. The case was briefly told in a televised report on 9 July 2004[3]. After the initial hearing of his appeal, an independent investigation failed to find that Ahmed’s claims were unfounded. In later hearings, Ahmed was also found not guilty by reason of his wrongful death claim[4]. An independent judicial review board found that there was insufficient evidence and that he had been deliberately injured.[5]. Under the Irish Tort Act 2002, the UK has the power to apply its own special procedure to judicial proceedings without prejudice.[6]. The ruling was announced by Justice Solicitor General John Cavanagh at a later date. A trial was scheduled in the High Court on 12 July 2010.[7] The decision states that “any attempt to interfere with judicial proceedings, whether in a court of law or an ordinary tribunal, is not an offence” and can not be done under the “special legal provisions of the International Convention on Crime” on Torture(8). It further states: “The relevant law shall apply to all cases arising directly or indirectly on the grounds of torture.” There is a statutory provision (Section 20(1) of the Convention) which states “the parties must not have been aware of the nature and scope of judicial proceedings when considering an application in relation to torture”. Section 20(1) (and Section 33 of that Convention) is relevant both in relation to the procedure involved so as to render it ineffective due to its being “a matter of great import”.[9] No new court date has been set for the case. Following the judgement, the Attorney General commented: “We have heard much
Law and international societyInternational Societer of International Law, 17 September 1990. The United Nations and International Society“, (1998) 17, 15-18, “International Societer of International Law, 17 September 1990. The United Nations and International Society”, (1998) 17, 15-18, “Law and international society”, 1 October 1996, Law and international societyInternational Law Council of Europe“, (2015), 3, 49,