-Caveat Lector- from: http://www.telegraph.co.uk:80/et?ac=003627620262727&rtmo=qXbsRqb9&atmo=rrrrrrv s&pg=/et/00/10/14/nact14.html Click Here: <A HREF="http://www.telegraph.co.uk:80/et?ac=003627620262727&rtmo=qXbsRqb9&atmo=r rrrrrvs&pg=/et/00/10/14/nact14.html">Human rights blow to seizure of drug barons' as…</A> ----- Human rights blow to seizure of drug barons' assets By Auslan Cramb and Philip Johnston Human Rights Act could free 20 most notorious killers Chilling list includes torturers, rapists and serial killers A CORNERSTONE of the Government's fight against organised crime was undermined yesterday when a court ruled that confiscating the assets of convicted drugs traffickers breached European human rights laws. The decision by the Court of Criminal Appeal in Edinburgh has far-reaching implications throughout Britain. It raises serious doubts over whether the Government can proceed with plans, announced in the summer, to extend confiscation powers to unconvicted men who run organised crime rings and whose wealth is thought to be linked to their activities. The ruling also opens the prospect that drug traffickers and other criminals whose property has already been confiscated could sue for compensation. The decision is the most significant blow to existing legislation since the European human rights convention was incorporated into Scottish law a year ago. It took effect south of the border this month . Ministers had hitherto dismissed fears that the measure was a recipe for conflict with the intentions of Parliament. Courts have had extensive powers since 1986 to seize the assets of offenders on conviction. Under the Proceeds of Crime Act 1995, courts can assume that all property held by a criminal in the six years before his conviction was illegally gained. The onus is on the accused to prove that it does not. But the Edinburgh court ruled by 2-1 that this practice contravened Article 6 (2) of the European convention, which guarantees the presumption of innocence until proven guilty. In a case brought by Robert McIntosh, 38 - jailed for four years last year for heroin trafficking - two judges, Lord Prosser and Lord Allanbridge, found that the practice was "plainly in violation of the convention". They argued that it could not be assumed that property owned by a drug dealer was linked to his criminal activities. Chris Shead, for McIntosh, said that to decide without evidence that assets were from drugs was "totally inconsistent with the presumption of innocence". The third judge, Lord Kirkwood, said the provisions had to be balanced against the importance of protecting society from "the evils of drug trafficking". The Crown was granted leave to appeal to the judicial committee of the Privy Council. The plans for a National Confiscation Agency, which involve a radical departure from the normal requirements of proof, now seem unlikely to proceed. © Copyright of Telegraph Group Limited 2000. ----- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, All My Relations. Omnia Bona Bonis, Adieu, Adios, Aloha. Amen. Roads End <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
