The Discus Thrower And Greek Values

A MISUNDERSTANDING AND ANOTHER JUDGEMENT JUDGEMENT INCOMPREHENSIBLE (I)

JUDGEMENT misleading: "THE CUCKOO", ACQUITTED OF MURDER AND RAPE BY SEVERE FAILURE OF FISCAL

Very large and widespread outrage in Spain has produced a minor, " The Cuco, "was convicted solely of concealment (three years in detention, much of which is considered as completed, for" El Cuco "was provisionally admitted), but has been acquitted of charges of murder and rape of the young Marta del Castillo, Seville, 17, missing on January 24, 2009. For Marta Castle is one of the most notorious crimes of recent years have contributed to various circumstances: Marta was searched for days hoping to find her alive and there were many expressions of solidarity. On February 14, 2009, Miguel Carcano, Marta former boyfriend confessed to raping and killing, then disposing of the corpse. From the moment of confession, were carried out body searches at different places, but until now has been found. And this case, along with a little time before, has sparked a debate over criminal legal treatment of minor criminal matters, we will not go into here.

For non-English or English readers not familiar with our law, it should be noted that, for "El Cuco" for a minor criminal, has taken a special criminal provided in the call Juvenile , where instruction (phase pre-trial investigation) does not apply to a judge, but the prosecutor (or Attorney General) (MF) and, if it comes to bringing charges, phase trial and sentencing is a matter of a juvenile court judge. It is the sentence of March 24, 2011, of Judge of Juvenile Sevilla, which interests us now. For those involved, older age, is still another ordinary criminal process, currently under trial before the Audiencia Provincial de Sevilla .

In the ruling against "El Cuco" have raised many angry voices and even some blunt editorial comment, that comment later. Well the Juvenile Judge of Seville has given, in my opinion, a good sentence, lawful, as it should be. The big test against "El Cuco" about the murder and rape of Martha Castle was one of the many statements by the ex-boyfriend of Marta, the so Miguel Carcano, made before the examining magistrate of the regular process that follows the adult defendants. Under large and strong case, both the Supreme Court and the Constitutional , if you wanted that incriminating statement "El Cuco" had probative value against "El Cuco" should have been made so that "The Cuckoo" ( through his attorney) would have intervened . And it was the defense of "El Cuco" that opportunity. It is certainly true that "The Cuckoo" was not a party to the regular process against age in which Carcaño said. But I think he's right the Juvenile Judge of Seville when the prosecutor accused juvenile has been limited to present a certified copy ("witness") Carcaño the declaration of the regular process , without attempting even get a statement Carcano in the process of children from "The Cuckoo", so that the child's lawyer could intervene. The Chief Prosecutor of Sevilla he was "disappointed" and has made quite extensive statements on the ruling, it will appeal, but, significantly, has been kept very much hard object to the Magistrate's rebuke to the Juvenile Prosecutor. Neither argument minimal compared to the many pages of Judge of the Office blunder of even a brief mention of disagreement with the arguments of Judge.

Moreover, it also has quite rightly Juvenile Magistrate stating that statements that incriminate a co-author of another co-author always has to be assessed with caution. Criterion is strong case law and doctrine, in Spain and outside Spain. And it turns out Carcaño has NINE different statements about the facts, THREE SIX to the police and to the ordinary judicial process still pending. In those statements, varies substantially Carcaño version of events: in the first three, to the police, and in the first two, before Judge (van FIVE), sole author declares Carcaño murder. In the third statement to the judge, Carcaño change his story and attributed to "El Cuco" rape and murder of Marta del Castillo, events in which he says is threatened by the child with a knife, would not have participated. In a subsequent statement of March 17, 2009, also before the Court is ratified in this version (and this is the statement that the Office of Child takes the process of children as main incriminating piece "The Cuckoo") (van SEVEN statements). But then , on two different occasions , Carcaño again declared, provided to the magistrate sole author of the murder: the role of "El Cuco" would again, as Carcano, that of masking, for having commissioned, with another adult, to dispel the body of poor Martha. Ie seven times, compared to two, had pleaded Carcaño sole author of the rape and murder : Marta killed on hitting head with an ashtray. Twice Carcaño blame-and it would have been "El Cuco" who killed Martha strangled with an extension cord .

Can you blame the judge to affirm the credibility of Carcaño low and did not seem enough to convict? Can he be criticized for, on that line, bring up, explaining, possible motives of revenge and resentment for changing Carcaño against "El Cuco"? And note that these considerations Judge formula for the sake , because the error above and the prosecution to purpose of Carcaño statement of March 17, 2009, was sufficient to deprive of value to this key piece of the prosecution.

In my opinion, the Magistrate Judge, author of a very decent sentence, is receiving some stick do not deserve, because it has been in the trance forced to apply rules that he has not been invented and that, in themselves, are reasonable. By extension, it lashes back against judges and magistrates in general (from "Justice" English). And, as on many other occasions, the prosecutor, get rid , no longer any legal liability -The legal regime against which I cry for years, shielding the MF, in contrast to the Judges and Magistrates, " but also social responsibility , because the behavior of MF can not even be criticized for citizens, since news and especially headlines that "the media" the present , refers only to "bug" or part of the sentence (conviction or acquittal) . "The media" could well refer to the "failure" and his justification , but that, apparently, is asking too much. A newspaper seriously I have for a few days ago published a small editorial I play:

"there was no justice"

"Beyond the strict application of the law and above technical considerations legal justice, by definition, has to do honor to his name. Justice will not compensate in any pain for the murder of a daughter, but at least it should serve as a repair, in part, the suffering of parents. The acquittal of the "Cuckoo" the crimes of murder and rape in the case of young Marta del Castillo may be technically under the law, but if so-which is debatable, the rule is unfair and the sentence that emanates from it, reprehensible. "

come here to argue - quite surprisingly to me, because that is not the main thrust of this paper, firstly, that the rules of evidence, presumption of innocence and basic guarantees are "technical and legal considerations" that should yield to the so-called "material justice" and, secondly , that a ruling "technically under the law" is, what is of acquittal, "reprehensible." I can not disagree more: first, it is unacceptable that legal rules that protect us all presented as " tecnicalities " technicalities (clear resonance term with negative) that lawyers manipulated to deny justice. To do justice worthy of the name can not be dispensed or the "strict application of the law" (it is a strict interpretation which must be done within a criminal proceeding) nor go over the badly called "technical and legal considerations." Finally, if the sentence is "under the law" (to the penal and procedural, in this case), Case can not be "reprehensible", though it is the law that the judge must comply. Judgments based on laws can be reprehensible unfortunate, but then, to be fair to those who dictate (and, apparently, Justice is the concern), we must clarify that it regretted the outcome, but without can fail who has had no choice but to reach it.

not the latter, on the other hand, if the ruling of the Juvenile Judge of Seville. The sentence, as is the acquittal, does not apply an unjust law, but fair: the prosecution must prove seriously, valid evidence, that what is charged. Convictions in criminal proceedings can not be based on the belief-often poorly social-established that the defendants are care items, however heinous crime and has been great the pain of its direct victims, as in the case of Marta del Castillo.

may be wrong my legal-procedural approach to the absence of valid evidence underlying the indictment of "The Cuckoo." There has been an approach made lightly, but I leave a link to read the full sentence, judge for themselves and to contrast my view:

http://www.elpais.com/elpaismedia/ultimahora/media/201103/24/sociedad/20110324elpepusoc_1_Pes_PDF.pdf

In any case, it is clear that not suffer an alienation that leads me to consider perfect defensible, always, what any court decides. Not so and in an upcoming "post" I will do another sentence, unknown and, therefore, not criticized. The case is interesting and the sentence, and advancement, it seems incredibly unreasonable. It is what might be called "the case of falsifying court, he did not commit the crime of forgery."

How To Darken The Leather Of A Louie Vuitton Bag

LIBYA: Dust ELECTION WAR, LATE, bewildered and URGE THAT UNCONTROLLED

While on Your BARULLO , INCREASE OUR DEBT AND OUR PUBLIC SPENDING
(Updated to March 23, 2011, 2345 hours)

With umbrella political of resolution 1973 the Security Council of the UN, without agreement in NATO, Sarkozy , Obama and Cameron (more Rodriguez Zapatero and other junior partners) have intervened in Libya by air (by bombing and missiles). There was nobody who did not think that the operation was delayed if the goal, as in Kosovo , was, according to UN humanitarian essentially, that Gaddafi no more slaughter their countrymen. The intervention limited its effectiveness to prevent a return Gaddafi using its aircraft, but had not prevented the slaughter of several days ago, due to the successful counterattack of the tyrant to the gates of Benghazi, not avoid that, as was the case and still occurs, continue attacking Gaddafi other objects and causing more casualties among the Libyan population. It seemed and seems clearly willing to do so long as it arms and soldiers.

The no-fly zone is no small thing, but French and British planes since the beginning exceeded the provisions of resolution 1973 UN Security Council, which sets limited goals: zone and air protection and assistance of civilians, with the express prohibition of invasion and any occupation. V., stakeholders, the whole resolution:

http://www.un.org/News/Press/docs/2011/sc10200.doc.htm # Resolution

Zone of fly supposed to dominate the sky on Libya. To this end, planes and missiles to attack Westerners could justifiably airports, radar installations and air defenses in the hands of Gadhafi , but on Sunday 20 March 2011 we also spoke of bombings against targets (in Benghazi and Tripoli ) not related to the air domain and the result of significant number of deaths, which even states involving only forces Gaddafi. Since the UN resolution explicitly recognizes "the important role Arab League " is interesting as declared from the first, the Secretary General of the League, Amro Musa :

" What happened in Libya is different from the purpose of imposing a no-fly zone, we want to protect civilians and not bomb more civilians. " Referring only to the initial attack, Musa said it in a joint press conference with President of the European Parliament, Jerzy Buzek, the Arab League headquarters in Cairo.

THE HUMANITARIAN military intervention and LIBYA .- KOSOVO . In 1999, to prevent further slaughter of Kosovars at the hands of Milosevic Serbs, the NATO bombarded for months a part of the former Yugoslavia , to force negotiations, which later failed. In June 1999, reached the Kosovo KFOR , a set of troops from nations in league, in order to pacify and administer the zone. And, after ruining the bombing Serbia, the Milosevic regime falling over. But there are a couple of very striking data: Kosovo , free (no official English recognition, but with the U.S.) in 2008, has an area of \u200b\u200b10,887 km ² . Serbia with Kosovo included, occupies 88,361 km ² . When bombed Serbia, Kosovo had not victims. In Libya, the two sides fight over the same territory and Libya sum 1,759,540 km2, a vast desert, cities, industry (oil) and agriculture concentrated in the coastal strip, which together cover more than 1700 kilometers in length. Did the "humanitarian intervention" in 1999 something to do with Libya? Libya could not have anything like the KFOR, even if the UN agreed to new resolutions that would allow action on the ground. And, it is known, no -Starting with the United States, wants to intervene on the ground Libyan .

In short: the fly zone in Libya was very important for 10 or 13 days to avoid the advances of Gaddafi and give victory to the opposition forces . On Sunday 20 and Wednesday March 23, 2011 , however, is of limited relevance and Gaddafi may allow stay in power. A UN resolution aimed at 1) the fly Gaddafi, 2) prevent further deaths of civilians, 3) allow evacuation and 4) the arrival humanitarian aid to Libya is now , a paper with three purposes impossible (the ends 2, 3 and 4) . there anything else that I should not forget and do not forget the past day 20, the arms embargo Qaddafi, and ordered five years ago and not played by a few countries. Maybe now to prevent the rearming of Qaddafi, but nobody knows how many weapons and ammunition remaining. As Qaddafi is not the limit (which is unlikely), there is war in Libya for a long time. -A war we must now add, that one of two : or "allies" behold from the air or in which intervene in the air, outside the framework established by the UN and non-combatant casualties very likely . latter seems to be what is happening in the last hours . would seem that the military commanders of the countries involved have dispensed with the UN .

This was the global performance of the West, March 20, 2011: passivity, while it looked like Gaddafi lost. Tardy , when Gadhafi began to fight with success . The military action seemed day 20 a mere political gesture, with the sound of many planes and ships . But, as one perceptive commentator (who also writes very well), if Gaddafi end up staying, some governments had to save face politically citizens and could renegotiate the oil without having to Gaddafi something against the tyrant . Sarkozy , moreover, was and is very low hours, with approval ratings lower than Le Pen's daughter (although such things happen in France and then returning water to rivers). And ZP there is little to say in terms of popularity. Announced that there would be photos, but its effect me malice for the portraits will not be as great as you think. The English do not believe in ZP. And I see no signs that more pictures of our Minister of Defence, Carme Chacón , will catapult the leadership Spain, with full support of their prior forgetting (" Rubianes Tots som) and intolerant of repeated rudeness of artist.

What paint a pair of English ships and five aircraft in that scenario? On March 20, 2011, I seemed that they did not paint anything except help to lock the arms embargo is effective. But for the latter, the American ships, English and French would be enough, because we are not in the Indian Ocean. In relation to the humanitarian objectives adopted by the UN, our military despligue said on 20 - was and is of very little use and is for Spain new spending, this country can not afford . Spain is now the country in the world should spend less . If only not to contradict international commitments austerity, promises solemnly made before a huge debt and with a questionable will to reduce it. Our creditors have seen that here is not just a single euro government spending, neither the State nor the Autonomous Communities and the Municipalities. The serious doubts about the persistence in the waste of the English rulers will have become certainties that are not amended. There continue to be reasons for us to address it to the voracity of the "coconut markets" and are renewing fears that we rescued . In the opinion of serious people, no exaggeration in the phrase Roig, the "boss" of Mercadona " only good thing about 2011 is that 2012 will be better ." And we are facing, like it or not, that Ms. Angela Merkel , who abstained in the UN , us reconsider economically. What prudence of ZP!

on a crucial aspect of our economic situation, I recommend reading "The Big Lie", article by Carlos Sanchez in "Confidential": http://www.elconfidencial.com/mientras-tanto/2011/mentira- sector-real estate-20110320-7138.html

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UPDATE TO 23 MARCH 2345 2011 :

OVERFLOW AREA COUNCIL RESOLUTION 1973 OF THE UN SECURITY . Things have continued to occur and, unfortunately, the events seem to confirm the impressions of three days ago. There are a number of aircraft from different nations to monitor the perimeter of the zone and other flying Libyan airspace and attacking targets varied. For the countries involved are called "allies." To begin, these "allies" want to end about Gaddafi, and Gaddafi's the big deal, right? - and others reject, even with great forcefulness, which Gaddafi is the goal . The American military command-provisional, non-formalized-not to keep sending. U.S. and other countries want the NATO command have it. France is opposed to blunt the NATO command mode and even explained why: if the role is of the NATO talks on everything from military action, inflexible and poorly presented to the Arab world. Not bad this argument (which Spain has joined, by the mouth of the Minister Jiménez), which must be added atavistic and tilt the French to think that Africa is "a matter of France" (and France, in effect, has important military bases in Africa.) At present, there is disagreement in NATO and exhibits Obama rush increasingly cede "control" and visibly move the background. A senior British military commander has just proclaimed that Gaddafi's air force and virtually no . Ergo , killing Gaddafi Libyans can only go by land (and also seeing how they kill some of his followers, because the armed uprising in Libya is not at all similar to the popular movements Egypt, Tunisia and Bahrain). But the UN does not want land to be involved and nobody seems to want to intervene (as it is fed understandable). Ergo , enough to continue to monitor the airspace and sea, to arms that Gaddafi has not received even less, new aircraft . Thus, it seems, an end or at least, full stop, the foreign war episode on Libya. But that would be well, or so it might be, without knowing how much you would take the lock . And how long is a stream of dollars or euros. And no one-least of us, is for those joys. And, moreover, limited to blocking and action but would really doubt if there were a few "allies" Western, with some accompanying "Arab", which acted to fulfill a specific UN mandate . But that's not what happens. What happens is a pluralistic and free concert attack with airplanes, the vast majority: Americans and the French-bombarding tanks and buildings, while others are prohibited, and even that is the case of aircraft return to base without bombing targets (by whom?) because of well-founded fear of causing civilian casualties. So what is there is a noise of war without charge, without clearly defined objectives and accepted by the "allies" and without duration. uncontrolled For if this reality was not visible, Ms. Angela Merkel has withdrawn today's "theater" of Libya to the German military in charge of monitoring air, sending them to Afghanistan.

It is a test of global dislocation . It is an improvisation in which unsound, even if it is supported almost unanimously by Congress (lest voters think that Gaddafi supports), Spain does not paint anything. Log in a war there to think very well, although "the cause" is fair and intention, optimal . But enter a war without goals, you do not think about anything reject outright. So far the reasoning, but it happens, though, that the flights of our F-18 (the twists and turns) and to increase our submarine periscope can take minutes for news of our plural TVs. Ms. Carme Chacón harangue to the sailors of the frigate Méndez Núñez " saying they will protect the Libyan tyrant . And Don José Blanco said solemnly, "we will liberate the Libyans" (although no has asked Libyan us, because they have not Gaddafi's opponents). What true humanitarianism are serving?