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David Nguyen
David Nguyen

Absentia - Casualtie... __FULL__



MINSK -- The trial in absentia of Belarusian opposition leader Svyatlana Tsikhanouskaya and her four associates has started in Minsk after they challenged the results of a 2020 election they say was rigged to keep authoritarian leader Alyaksandr Lukashenka in power.




Absentia - Casualtie...



Moskalyov was sentenced to two years in prison in absentia on March 28 by a court in the town of Yefremov after it convicted him of "discrediting Russia's armed forces," a charge Russian authorities have been using against any criticism of the war in Ukraine.Moskalyov came to the attention of police after his 12-year-old daughter Maria drew a picture at school last year depicting a woman standing next to a Ukrainian national flag and protecting a child from missiles coming from Russia.The school's principal reported Maria Moskalyova to police over her picture, after which law enforcement searched Moskalyov's apartment.Police then found Moskalyov's online posts condemning the war in Ukraine, which featured a caricature of President Vladmir Putin.Moskalyov was initially charged with "discrediting Russia's armed forces" and ordered to pay a 32,000 ruble ($415) fine after a court found him guilty. In December, a criminal case was launched against him on the same charge. He was placed under house arrest and his daughter was sent to a shelter, where her phone was confiscated and she was not allowed to communicate with her father.On March 12, authorities in Yefremov asked a court to deprive Moskalyov of custody over his daughter. The same motion was made against Moskalyov's estranged wife.Putin signed a law shortly after launching Russia's invasion last February that criminalizes the expression of any thoughts or reports contradicting official statements regarding the full-scale aggression against Ukraine.Moskalyov is one of dozens of Russian citizens, including politicians, journalists, and rights activists, who have been handed prison terms for voicing dissent since the law was approved.


The series tells the story of FBI special agent Emily Byrne, who disappears without a trace while hunting one of Boston's most notorious serial killers, and she is declared dead in absentia. Six years later, she is found in a cabin in the woods, barely alive and with no memory of the years that she was missing. She returns home to learn that her husband has remarried and her son is being raised by the new wife, and she soon finds herself implicated in a new series of murders.[8][9]


On Thursday, 9 March 2023, the Permanent Military Court in Gaza issued two death sentences by hanging. The first death sentence was handed down to a 65-year-old man convicted of drug trafficking in violation of Article 28(1) of the Narcotic Drugs and Psychotropic Substances Act No. 7 of 2013, following a trial in absentia. The second death sentence was issued against a 47-year-old man convicted of collaboration with hostile entities, in violation of Article 131 the Palestinian Revolutionary Penal Code of 1979.


Russian citizens who fled the country and openly oppose the war in Ukraine are now tried in absentia for spreading fakes about the armed forces (207.3 of the Criminal Code). Sentences have been passed for instagrammer Veronika Belotserkovskaya, former police officer Oleg Kashintsev, and former TV broadcaster Alexander Nevzorov. We are offering an insight into what a trial with no defendant looks like.


Krasnov says that out of all the fake news cases, 23 were filed against people whom investigators knew to be abroad. It is likely that we can expect trials in absentia in those fake news cases that have not yet been brought to court.


The mechanism of trials in absentia also operates in other post-Soviet countries. In Belarus, for example, the practice was introduced after the protests of 2020 and mass immigration of the opponents of Alexander Lukashenko, the Belarussian dictator.


In Belarus, trials in absentia are held primarily for the purpose of confiscation of property. This seems to be the main reason. Belarus has also adopted amendments allowing to deprive someone of citizenship if they are found guilty under articles related to extremism, says Ales Mikhalevich, a former Belarussian presidential candidate, now a lawyer in the Czech Republic specialising in extradition issues.


The law says that if the accused returns to the territory of the Russian Federation, the verdict or court ruling issued in absentia, at the request of the convicted person or their defender, may be cancelled in cassation. In order to cancel the verdict in absentia in cassation, the defender or the convicted person himself must file a petition. If there is no such petition, then, when the convicted person crosses the border, they are automatically sent to serve the sentence, says Vetoshkina.


Following the issuance by General Ambrose E. Burnside of General Order Number 38, which warned of the consequences of "declaring sympathies for the enemy," Vallandigham denounced the "wicked and cruel" war by which "King Lincoln" was "crushing out liberty and erecting a despotism." He was arrested on May 5, 1863, denied a writ of habeas corpus, convicted by a military tribunal and sentenced to two years in prison. Not wishing to create a martyr, Lincoln sent Vallandigham through the lines to the Confederacy, from where he travelled by ship to Canada. There Vallandigham won the Democratic nomination for Governor of Ohio in absentia, but lost the general election in a landslide.


A person could be legally declared dead (declared death in absentia or legal presumption of death) despite the absence of direct proof of the person's death. Such a declaration was typically made when a person had been missing for an extended period of time and in the absence of any evidence that the person was still alive - or after a much shorter period but where the circumstances surrounding a person's disappearance overwhelmingly supported the belief that the person had died. Examples can be soldiers missing after a major battle or victims of concentration camps of WWII.


Ansar al-Sharia in Tunisia (AAS-T) was founded in 2011 by Saifallah Ben Hassine, also known as Abu Iyad al-Tunisi, after he was released from prison during the Tunisian revolution. In mid-2015, Bin Hassine was tried, found guilty, and sentenced in absentia by a Tunisian criminal court to 50 years in prison for his role in terrorist activities. AAS-T was blamed for inciting the storming of the US Embassy in Tunis on 14 September 2012, and has since been designated by the United States as a Foreign Terrorist Organization. AAS-T remains intent on conducting attacks against Western interests in spite of increasing Tunisian security capability and counterterrorism operations. AAS-T attempted suicide attacks against two tourist sites in October 2013 and in 2014 probably was plotting against Jewish targets and Western diplomatic missions in Tunisia.


On June 12, an Egyptian military court issued sentences for individuals accused of involvement in a 2014 plot to assassinate President Abdel-Fattah El Sisi in Mecca. Thirty-two people were sentenced to life in prison, 264 were sentenced to between three and fifteen years in prison, two were acquitted, one was transferred to another court, and another defendant died awaiting trial. In February a military court sentenced eight people to death for their involvement in the plot. Nearly half of the defendants were reportedly tried in absentia.


More significantly, on 25 November 1997, I requested all police files, investigative magistrate reports, trial transcripts etc. of proceedings held in absentia against General Perisic and 18 other JNA officers in Zadar. This request was never responded to, although it was renewed 16 times by representatives of my office. 041b061a72


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