Marian Price Announcement

by W. Finnerty Sun Jun 23, 2013 15:35

Reply to Brian Clarke - AllVoices at Sun Jun 23, 2013 13:39 ...

Thanks for your comments Brian.

In response to two of them:

1) "My guess is that the primary reason for the reluctance to take this matter to Europe is the time consuming nature of it."

That very clever and over-clichéd excuse (as I see things) appears to me as a classic type of "pretext" now in much too common use for my liking: "pretext" as in "a purpose or motive alleged or of an appearance assumed in order to cloak the real intention or state of affairs".

Good reasons, and good excuses, are TWO VERY DIFFERENT things in my opinion.

2) "Forget Baroness Ashton she is integral British part of NATO and no friend of Humanity or Ireland."

"Catherine Ashton, Baroness Ashton of Upholland, PC (born 20 March 1956) is a British Labour politician who in 2009 became the High Representative of the Union for Foreign Affairs and Security Policy for the European Union. Under the Treaty of Lisbon, this post is combined with the post of Vice-President of the European Commission." (This excerpt is from: http://en.wikipedia.org/wiki/Catherine_Ashton)

Regardless of your kind suggestion to me relating to the Baroness, and I hope you won't mind, I MOST CERTAINLY won't be "forgetting Baroness Ashton" (who is one of the highest, if not THE HIGHEST paid officials in the EU) in a hurry, I can very definitely assure you; and, neither will I be forgetting in a hurry the way that she, former UK Prime Minister Gordon Brown MP, and former Republic of Ireland Prime Minister Brian Cowan, all appear (from my viewpoint) to have COMPLETELY IGNORED the entire contents of the closely related set of three registered I sent to them on December 21st 2009.

Scanned copies of the letters referred to in the paragraph immediately above, together with scanned copies of the associated Post Office receipts, can be viewed at:
http://www.humanrightsireland.com/BaronessAshton/21Dece...l.htm

To date, and well over THREE YEARS later, I have never received even "an acknowledgement of receipt" from ANY of the THREE "public officials" that the set of three registered letters referred to above (dated December 21st 2009) were sent to by me: which appears to me to be a CRIMINALLY ABUSIVE act on the part of "High Representative of the EU Catherine Ashton", allowing for the contents of the three registered letters in question, and the people the e-mail version of the text of the registered letters in question were copied to: whose names can ALSO be viewed at the www location immediately above; and, with further reference to the e-mail in question, BOTH the GCHQ, and the NSA, will have stored copies of (since December 21st 2009).

CRIME IS CRIME, and GOVERNMENT CRIME involving totalitarian forms of impunity, as my particular case most certainly does, is (in my opinion) by far the most serious form of crime in existence. Why are the GCHQ, and the NSA, both COMPLETELY IGNORING such crime? (My very best wishes to NSA whistle-blower Edward Snowden on his recent departure from Hong Kong at this point in time!!)

Related set of Three Registered Letters:
(Which are also being COMPLETELY IGNORED as far as I know, by the THREE SENIOR REPUBLIC OF IRELAND medical doctors in question)
http://www.humanrightsireland.com/DrAnneJeffers/28May20...Three

Related Link:
"Baroness Ashton, Gordon Brown MP, Brian Cowan, government corruption, crime, cover-ups, IMPUNITY, TOTALITARIANISM, Human Rights Ireland ..."
http://tinyurl.com/lvz5vly

by Brian Clarke - AllVoices Sun Jun 23, 2013 13:33

Definition

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.

Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.

Legal aid shall be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice.

Legal explanations

The first paragraph is based on Article 13 of the ECHR:

"Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

However, in Union law the protection is more extensive since it guarantees the right to an effectiveremedy before a court. The Court of Justice enshrined that right in its judgment of 15 May 1986 as a general principle of Union law (Case 222/84 Johnston [1986] ECR 1651; see also judgment of 15 October 1987, Case 222/86 Heylens [1987] ECR 4097 and judgment of 3 December 1992, Case C-97/91 Borelli [1992] ECR I-6313). According to the Court, that general principle of Union law also applies to the Member States when they are implementing Union law. The inclusion of this precedent in the Charter has not been intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to admissibility for direct actions before the Court of Justice of the European Union. The European Convention has considered the Union's system of judicial review including the rules on admissibility, and confirmed them while amending them as to certain aspects, as reflected in Articles [III-258 to III-289] of the Constitution, and in particular in Article [III-270 (4)]. Article 47 applies to the institutions of the Union and of Member States when they are implementing Union law and does so for all rights guaranteed by Union law.

The second paragraph corresponds to Article 6(1) of the ECHR which reads as follows:

"In the determination of his civil rights and obligations or of any criminal charge against him,
everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice."

In Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. That is one of the consequences of the fact that the Union is a community based on the rule of law as stated by the Court in Case 294/83, "Les Verts" v. European Parliament (judgment of 23 April 1986, [1988] ECR 1339). Nevertheless, in all respects other than their scope, the guarantees afforded by the ECHR apply in a similar way to the Union.
With regard to the third paragraph, it should be noted that in accordance with the case law of the European Court of Human Rights, provision should be made for legal aid where the absence of such aid would make it impossible to ensure an effective remedy (ECHR Judgment of 9.10.1979, Airey, Series A, Volume 32, 11). There is also a system of legal assistance for cases before the Court of Justice of the European Union.

William,

you are of course correct. My guess is that the primary reason for the reluctance to take this matter to Europe is the time consuming nature of it. I suggest you try contact Gareth Pierce in London or her offices and try find someone she would recommend the case to. I would alos suggest you try find the help of a final year law student. Explain to the lawyers that there is a form of legal assistance. I also suggest you take the matter up with the signatories and guarantors of the various agreements, that were part of the peace process. I am overseas in Asia and very busy with social media.

Persistence will out the truth and justice for Martin. I suggest you try recruit help and of course you basic agitate, educate and organize!

beir bua.

brion

EU Charter of Fundamental Human Rights

by W. Finnerty Tue Jun 04, 2013 08:45

Although the two excerpts below refer to the ongoing Martin Corey case, exactly the same questions arise -- in my opinion -- in connection with Marian Price's "old" situation, who thankfully is now out of prison (after over two years I understand of imprisonment without charge and without trial).

' "Martin Corey, 63, has been in prison (in Northern Ireland, United Kingdom) for over three years without a trial, and with no charges being brought." '

'Allowing for "Article 47 of the Charter of the Fundamental Rights of the European Union" how can this situation be sensibly explained?'

The two excerpts just above are from the following OPEN NEWS www location:
http://www.opednews.com/Diary/Martin-Corey-detention-to....html

Though I have searched a few times (using Google), I can find no evidence -- so far -- of ANY LAWYER, acting on behalf of Marion Price and/or Martin Corey, EVER making any mention in public of "Article 47 of the Charter of the Fundamental Rights of the European Union": which came into "full force" in 2009.

Are Irish lawyers (and law firms), both in Northern Ireland and in the Republic of Ireland, being more than a little "economical with the truth" perhaps, when it comes to informing their clients regarding the human rights legislation which is ALREADY in place to protect them?

My lengthy and very costly experiences (since 1998), in connection with my own particular case, very strongly suggest that they almost certainly are: and, if so, I think it's now "well past time" for that very sick and revolting practice -- among lawyers and law firms -- to end, and to end completely and permanently: particularly for people like Martin Corey who are still being held in prison: COMPLETELY UNLAWFULLY (it seems to me).

Related Link:
"Marian Price, Martin Corey, Article 47 of the Charter of the Fundamental Rights of the European Union, Human Rights Ireland ..."
http://tinyurl.com/knqxphh

by Diarmuid Breatnach - Personal Capacity Mon Jun 03, 2013 23:14

The campaign for Marian Price NEVER overcame media censorship, Brian.

Furthermore, Pat Ramsey and SF (and an odd individual here and there) can try and represent themselves as having won her freedom. If their efforts have been so effective, how was it that she was TWO YEARS incarcerated without trial? Certainly some public representatives have added their voice but it was clearly the continuing campaign on the ground that kept the issue alive and it was also from there that the contacts with most of the public representatives were made.

SF could have had her out in a couple of months merely by threatening to withdraw from Stormont but, although I believe they were uncomfortable with her and others being interned (which didn't look good for their 'Peace' Process) they chose not to do so.

There were pickets and demonstrations in various parts of the country. There were two functioning ongoing campaign centres in Ireland, one in Belfast centred around relatives and supporters and another in Dublin, supporters only.

The Dublin campaign will be holding a Welcome Home Marian Price benefit, a traditional music night, on Thursday 6th June at the Cobblestone.

by W. Finnerty Sun Jun 02, 2013 20:15

Reply to Brian Clarke - AllVoices at Thu May 30, 2013 17:27

Like you I believe the recent release of Marian Price from prison, after being held for two years without charge, is a cause for celebration.

One of the things I like about Ireland is that our forebears, in their wisdom, and in recognition (I suspect) of the special needs and protections that women have, named a mountain in their honour: "Sliabh na mBan" ("Mountain Of The Women").

For those who might not know, there is also a very closely related song of the same name which has lyrics in both of the languages most spoken in Ireland.

Though the words of the two sets of lyrics have little or no relationship with each other, they both nonetheless seem (to me) to conjure up similar feelings of loss, sadness, and of hope: for a happy ending to Ireland's ongoing travails.

"By night and by day, I ever, ever pray,
While lonely my life flows on,
To see our flag unrolled and my true love to enfold,
In the valley near Slievenamon."

"The Irish (language) lyrics (of Slievenamon) are about the fighting men being slaughtered on the slopes of Sliabh na mBan during the 1798 uprising. On the 23rd of July 1798 a body of United Irishmen assembled on Sliabh na mBan mountain in Tipperary. Their plans were known and the deliberate lighting of a signal fire at an unexpected time caused great confusion. General Sir Charles Asgill marched from Kilkenny and attacked and dispersed the rebels."

The two excerpts above are from:
http://www.humanrightsireland.com/Samhain/1November2012...l.htm

Both sets of Sliabh na mBan lyrics, and the associated sheet music, can be viewed at:
http://www.irishpage.com/songs/slevmoan.htm

The song Sliabh na mBan (by the Wolfe Tones), with a changing selection of photos of the mountain and surrounds, can be heard at:
http://www.youtube.com/watch?v=4gii7MPWC9w

Finally, and also like you, I would like to thank everyone at Indymedia (Ireland) "who helped overcome corporate media censorship of Marian's Internment".

Related Link 1:
Sliabh na mBan, United Irishmen and Irishwomen, 1798, Human Rights Ireland ...
http://tinyurl.com/n7qypsz

Related Link 2:
"Wolfe Tone, Percy Bysshe Shelley, Peter Finnerty, Robert Emmet, Sliabh na mBan"
http://tinyurl.com/96wxjnk

by Justin Morahan Sat Jun 01, 2013 17:28

Best wishes Marion for a full and speedy recovery after a horrific ordeal

by W. Finnerty Sat Jun 01, 2013 12:38

This release from imprisonment for Marian Price seems like a piece of very good news to me, especially for all who (like myself) who believe that:

"Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented."

If similar lengthy periods of imprisonments (without charge) -- and other forms of unlawful government punishment -- are to be avoided in future, keeping in mind that, as I have found out to my cost, ANYBODY who seriously tries to challenge government crime, including those who (like myself) use peaceful and lawful means exclusively, will UNDOUBTEDLY be subjected to criminal abuse by government criminals for doing so; and, that as things stand at the present time, and despite the recent release of Marian Price, it's STILL not necessarily safe for anybody to rely on -- for example -- Article 47 of the Charter of the Fundamental Rights of the European Union for protection.

I think we now need a public explanation -- one that makes sense and is truthful that is -- from those responsible for imprisoning Marian Price -- for TWO YEARS or so WITHOUT CHARGE -- as to why they appear to be able to ignore Article 47 of the Charter of the Fundamental Rights of the European Union with impunity?

Where do the public officials and bodies responsible for such imprisonments get their powers from?

Personally, I don't believe that they have any VALID and/or LEGITIMATE powers to do so whatsoever. It's just that they have got into the bad and nasty habit of criminally abusing their powers, and getting away with such criminal abuses for far too long. So long, that they now imagine it is their "right" to commit such crimes, and to do so with impunity

=== === ===

The Charter of the Fundamental Rights of the European Union (which did not have full legal effect until the entry into force of the Treaty of Lisbon on December 1st 2009):

"CHAPTER VI

JUSTICE

Article 47

Right to an effective remedy and to a fair trial

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.

Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.

Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice."

Related Link:
"Article 47 of The Charter of the Fundamental Rights of the European Union, William Finnerty ..."
http://tinyurl.com/cnoyt7v

=== === ===

Well over a decade later, I still cannot get anywhere even remotely near "the possibility of being advised, defended and represented" by ANY member of the legal profession in connection with my efforts to challenge the unconstitutional legislation (and the associated government crime directly connected with it) referred to in the July 21st 2004 An Board Pleanala Appeal at:
http://www.finnachta.com/BordPleanalaAppeal.htm

And, although I managed to escape being criminalised (and possibly being imprisoned as well) in connection with my particular efforts to challenge EXTREMELY SERIOUS government crime, I nevertheless had to live in "forced exile" for around 4.5 years to avoid being subjected to such criminal abuses by government.

Related E-mail dated May 31st 2013 to a group of 70 (or so) of our TDs which included Prime Minister Enda Kenny TD:
(and which could, and perhaps should, have been titled "SYSTEMIC Government Corruption, Crime, Cover-ups, and Impunity"):
http://www.humanrightsireland.com/Dail31TDs/Group1of2/3...l.htm

by Brian Clarke - AllVoices Thu May 30, 2013 17:27

I would like to thank everyone at Indymedia ireland, who helped overcome corporate media censorship of Marian's Internment. I would also like to thank everyone both in Ireland and internationally who ploughed a lonely furrow on her behalf. Celebrate tonight her freedom because it is also you freedom.

Tomorrow is another day another fight for the freedom of Martin Corey and other intenees both in Ireland and over!seas ! TAL - Tiocfaid Ar La p Go raibh mile maith agaibh ! Saoirse !

This song Mna Na H-Eireann is for Marian and Dolours who is also free tonight.

Women of Ireland - Ceoltóirí - with Irish Lyrics & Landscapes

artmariana

Caption: Video Id: Vb2lHME4tkI Type: Youtube Video
Women of Ireland - Ceoltóirí - with Irish Lyrics & Landscapes

by Brian Clarke - AllVoices Thu May 30, 2013 15:35

Pat Ramsey
BREAKING NEWS: After strong representations from me, I am delighted to announce that Marian Price will be freed as a result of Commissioners deliberations today.

by Brian Clarke - AllVoices Wed May 29, 2013 07:29

Provisional Sinn Fein leader Gerry Adams is accusing the British Tory government of breaching commitments given during the Peace Process following the arrest of leading Donegal Provisional Sinn Fein member John Downey. The veteran republican was brought before Westminster Magistrates Court in London to face charges on a 1982 IRA bomb attack in London's Hyde Park in which four British soldiers were killed.

He appeared at the Old Bailey by video link from Belmarsh prison and was remanded in custody. No bail application was sought by Mr Downey, who has been a leading member of Sinn Fein in Donegal. In 2009, he read the Easter statement on behalf of the leadership at the Provisional annual Drumboe martyrs commemoration.

Mr Adams said an agreement made with the British government at the Weston Park talks about 'on the runs' Irish republicans still pursued with regard to outstanding prosecutions, had been breached by the British. He said the arrest of John Downey "is a matter of grave concern and a clear breach of commitments given by the British government at Weston Park and in subsequent negotiations".

The 2001 talks outside Birmingham were part of the implementation of the 1998 Good Friday Agreement. The Weston Park deal enabled the final disarming of the Provisional IRA. It also saw a British commitment to hold a public inquiry on the state assassination of lawyer Pat Finucane, which was equally reneged upon.

Provisional Sinn Féin Assembly member Gerry Kelly commenting on developments, described Mr Downey as "a long time supporter of the peace process". "The decision to arrest and charge him in relation to IRA activities in the early 1980s is vindictive, unnecessary and unhelpful. It will cause anger within the Republican community."

He further stated that following from the negotiated resolution of the OTRs issue, Mr Downey had received a letter from the British government in 2007, stating that he was not wanted by the PSNI or any other British police force. "Despite travelling to England on many occasions now six years on he finds himself before the courts on these historic charges," Mr Kelly said. This is similar to the shredding of a Royal pardon by the British, with regard to Marian Price.

"This development represents bad faith and a departure from what was previously agreed by both governments. "John Downey needs to be released and allowed to return home to his family." The controversial arrest followed the 15th anniversary of the 1998 Good Friday Agreement, when Mr Adams again urged the 26 County government to press the British on "outstanding issues" of the peace deal. Speaking in Belfast, he accused the Tory government of defaulting on a number of past agreements, including commitments to legislate for a bill of rights and an Irish language bill for the North.

He called on the Dublin government, which he said was "a co-equal guarantor" of the Good Friday Agreement, to fulfill its obligations to intervene. "I am calling on them now to bring forward a strategy to ensure the British government deliver on the commitments and support the work of the executive," Mr Adams said.

Commander Adams