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For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses which the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action.
A case is said to be "remanded" when the superior court returns or sends back the case to the lower court. Also, a court may be said to retry the case "on remand."
A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may "remand" the case to state court. Here, the federal court is not an appellate court as in the case above, and the case was remanded, not because the state court did anything erroneous, but the removal to the federal court was granted.
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Coordinates | 40°57′50″N76°53′17″N |
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Name | Brian Howes |
Background | solo_singer |
Born | |
Died | |
Label | EMI |
Associated acts | Closure |
Url | official website |
Brian Howes is a Canadian rock producer, singer, and member of the band Closure. He has an exclusive partnership with EMI Music Publishing.
Brian has produced hits for such artists as Hinder, Faber Drive, Daughtry, Hedley, Skillet and David Cook, among others.
Category:Year of birth missing (living people) Category:Place of birth missing (living people) Category:Living people Category:Canadian male singers Category:Canadian rock singers Category:Canadian record producers Category:Canadian musicians missing province or territory
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Coordinates | 40°57′50″N76°53′17″N |
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Name | Kobad Ghandy |
Birth date | 1951 |
Birth place | Mumbai, India |
Nationality | Indian |
Other names | Kamal and Azad |
Known for | Prominent Figure of Maoist movement in India |
Alma mater | St. Xavier's College, Mumbai |
Spouse | Anuradha Shanbag |
Parents | Nergis (Mother)Adi (Father) |
The 63-year-old was in charge of the South Western Regional Bureau (SWRB) coordinating the naxalite activity in Tamil Nadu, Karnataka, Kerala and Maharashtra, where their activity remained stagnant despite herculean efforts made by the Maoist party. Taking into consideration his ability to analyse the national and international developments, he was also entrusted with the job of building up the naxal movement in urban areas.
Ghandy has admitted that despite the rapid spread of the naxalite movement in Central and North India, it failed to strike roots in other states. Even in Orissa, Jharkhand, Bihar and Chhattisgarh, the party failed to win over people in plain areas and in towns, while the movement was getting strengthened in tribal belts. With the Maoist party realising that it was consistently failing in garnering support from the middle class and the intellectual sections of society, it had asked Ghandy to devise strategies and identify issues that could win over these two sections. For this purpose, Maoists had formed a Sub-Committee on Mass Organisations (SUCOMO) and Ghandy was heading it.
Though the violent naxalite movement began in Maharashtra in Gadchiroli division abutting Andhra Pradesh three decades ago, it had failed to spread to other areas. In Kerala also the naxalite party had failed to make much of an impact. Karnataka where the movement was relatively strong just a decade ago, had seen a split in the rank and file of Maoists after a section of leaders leaders questioned the very principle of area wise seizure of power starting from forest areas. Ever since the split, the Maoist party failed to strike roots in this state.
In Tamil Nadu, the self-styled Maoist think tank had been trying to get a foothold in districts abutting Andhra Pradesh and Kerala but instant response from the police agencies had halted the spread of the Maoist movement. The exchange of fire near Theni river in Tamil Nadu two years ago forced the Maoist party to slow down on its plans.
He did his schooling from Doon School, where he was Congress leader Sanjay Gandhi's classmate. He went to St. Xavier's College, Mumbai and did his chartered accountancy from London.
He rose to the rank of a politburo member—part of the highest decision making body of the Red Ultras. He was the founding member of Committee for the Protection of Democratic Rights. He was also in touch with global ultra-Left organisations.
Ghandy was influenced by Kondapalli Seetharamaiah. Seetharamaiah’s vision was to spread the movement in Maharashtra and TN. Ghandy’s preference to work in urban areas had triggered a clash between him and Seetharamaiah. He drifted towards T Nagi Reddy’s UCCRI-CPML in the later part of the 80s.
He was arrested in South Delhi on 20 September 2009 while undergoing treatment for cancer. He was also known by the names Kamal and Azad.
Category:Indian communists Category:Maoism Category:1951 births Category:Living people Category:Naxalite-Maoist insurgency
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Coordinates | 40°57′50″N76°53′17″N |
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Name | Julian Assange |
Caption | Assange in 2010 |
Birth date | July 03, 1971 |
Birth place | Townsville, Queensland, Australia |
Alma mater | University of Melbourne |
Occupation | Editor-in-chief and spokesperson for WikiLeaks |
Awards | Economist Freedom of Expression Award (2008)Amnesty International UK Media Award (2009)Sam Adams Award (2010) |
Death date | |
Nationality | Australian |
For his work with WikiLeaks Assange has received glowing praise and accolades, along with public condemnation and calls for his execution. He received a number of awards and nominations, including the 2009 Amnesty International Media Award for publishing material about extrajudicial killings in Kenya and Readers' Choice for Time magazine's 2010 Person of the Year. He is currently on bail and under house arrest in England pending an extradition hearing. Assange has denied the allegations and claimed that they are politically motivated.
When he was one year old, his mother Christine married theatre director Brett Assange, who gave him his surname. Brett and Christine Assange ran a touring theatre company. His stepfather, Julian's first "real dad", described Julian as "a very sharp kid" with "a keen sense of right and wrong". "He always stood up for the underdog... he was always very angry about people ganging up on other people." and other organisations, via modem. After they split up, they engaged in a lengthy custody struggle, and did not agree on a custody arrangement until 1999. The entire process prompted Assange and his mother to form Parent Inquiry Into Child Protection, an activist group centered on creating a "central databank" for otherwise inaccessible legal records related to child custody issues in Australia. Starting in 1994, he lived in Melbourne as a programmer and a developer of free software. He helped to write the book (1997), which credits him as a researcher and reports his history with International Subversives. On his personal web page, he described having represented his university at the Australian National Physics Competition around 2005. In his blog he wrote, "the more secretive or unjust an organisation is, the more leaks induce fear and paranoia in its leadership and planning coterie.... Since unjust systems, by their nature induce opponents, and in many places barely have the upper hand, mass leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance."
Assange sits on Wikileaks's nine-member advisory board, and has stated that he has the final decision in the process of vetting documents submitted to the site. In 2006, CounterPunch called him "Australia's most infamous former computer hacker." The Age has called him "one of the most intriguing people in the world" and "internet's freedom fighter."
WikiLeaks has been involved in the publication of material documenting extrajudicial killings in Kenya, a report of toxic waste dumping on the coast of Côte d'Ivoire, Church of Scientology manuals, Guantanamo Bay procedures, the 12 July 2007 Baghdad airstrike video, and material involving large banks such as Kaupthing and Julius Baer among other documents.
Pentagon Papers whistleblower Daniel Ellsberg said that Assange "is serving our [American] democracy and serving our rule of law precisely by challenging the secrecy regulations, which are not laws in most cases, in this country." On the issue of national security considerations for the US, Ellsberg added that "He's obviously a very competent guy in many ways. I think his instincts are that most of this material deserves to be out. We are arguing over a very small fragment that doesn’t. He has not yet put out anything that hurt anybody's national security". Assange told London reporters that the leaked cables showed US ambassadors around the world were ordered "to engage in espionage behavior" which he said seemed to be "representative of a gradual shift to a lack of rule of law in US institutions that needs to be exposed and that we have been exposing."
On 29 November 2010, in the aftermath of WikiLeaks release of more classified American documents Sarah Palin wrote of Assange on her Facebook page, "He is an anti-American operative with blood on his hands. His past posting of classified documents revealed the identity of more than 100 Afghan sources to the Taliban. Why was he not pursued with the same urgency we pursue al-Qaeda and Taliban leaders?" she added, "Assange is not a 'journalist', any more than the 'editor' of al-Qaeda's new English-language magazine Inspire is a 'journalist'."
A number of political and media commentators, as well as current and former US government officials, have accused Assange of terrorism. US Vice President Joe Biden argued that Assange was "closer to being a high-tech terrorist than the Pentagon papers." In May 2010 Senate Minority Leader Mitch McConnell had used the phrase, calling Assange "a high-tech terrorist", and saying "he has done enormous damage to our country. I think he needs to be prosecuted to the fullest extent of the law".
Also in May 2010, former House Speaker Newt Gingrich said: "Information terrorism, which leads to people getting killed, is terrorism, and Julian Assange is engaged in terrorism. He should be treated as an enemy combatant." In December 2010 former Nixon aide and talk radio host G. Gordon Liddy told WorldNetDaily, "Julian Assange is a severe national security threat to the U.S., and that then leads to what to do about it. This fellow Anwar al-Awlaki – a joint U.S. citizen hiding out in Yemen – is on a 'kill list' [for inciting terrorism against the U.S.]. Mr. Assange should be put on the same list."
Prime Minister of Russia, Vladimir Putin condemned Assange’s detention as "undemocratic". A source within the office of Russian President Dmitry Medvedev suggested that Assange be nominated for a Nobel Prize, and said that "Public and non-governmental organisations should think of how to help him."
In December 2010, the United Nations' Special Rapporteur for Freedom of Opinion and Expression, Frank LaRue, said Assange or other WikiLeaks staff should not face legal accountability for any information they disseminated, noting that "if there is a responsibility by leaking information it is of, exclusively of the person that made the leak and not of the media that publish it. And this is the way that transparency works and that corruption has been confronted in many cases."
Daniel Ellsberg, who was working in the U.S. Department of Defense when he leaked the Pentagon Papers in 1971, was a signatory to a statement by an international group of former intelligence officers and ex-government officials in support of Assange’s work, which was released in late December 2010. Other signatories included David MacMichael, Ray McGovern, and five recipients of annual Sam Adams Award: Frank Grevil, Katharine Gun, Craig Murray, Coleen Rowley and Larry Wilkerson. Ellsberg has said, "If I released the Pentagon Papers today, the same rhetoric and the same calls would be made about me ... I would be called not only a traitor — which I was [called] then, which was false and slanderous — but I would be called a terrorist... Assange and Bradley Manning are no more terrorists than I am."
Prime Minister Julia Gillard has come under widespread condemnation and a backlash within her own party for failing to support Assange after calling the leaks "an illegal act" and suggesting that his Australian passport should be cancelled. Hundreds of lawyers, academics and journalists came forward in his support with Attorney-General Robert McClelland, unable to explain how Assange had broken Australian law. Opposition Legal Affairs spokesman, Senator George Brandis, a Queen's Counsel, accused Gillard of being "clumsy" with her language, stating, "As far as I can see, he (Assange) hasn't broken any Australian law, nor does it appear he has broken any American laws." Foreign Minister Kevin Rudd, who supports Assange, stated that any decision to cancel the passport would be his, not Gillard's. Queen's Counsel Peter Faris, who acted for Assange in a hacking case 15 years ago, said that the motives of Swedish authorities in seeking Assange's extradition for alleged sex offences are suspect: "You have to say: why are they [Sweden] pursuing it? It's pretty obvious that if it was Bill Bloggs, they wouldn't be going to the trouble." Following the Swedish Embassy issuing of a "prepared and unconvincing reply" in response to letters of protest, Gillard was called on to send a message to Sweden "querying the way charges were laid, investigated and dropped, only to be picked up again by a different prosecutor."
On 10 December 2010 over five hundred people rallied outside Sydney Town Hall and about three hundred and fifty people gathered in Brisbane where Assange's lawyer, Rob Stary, criticised Julia Gillard's position, telling the rally that the Australian government was a "sycophant" of the US. A petition circulated by GetUp!, who have placed full page ads in support of Assange in The New York Times and The Washington Times, received more than signatures. Accepting the award, Assange said, "It is a reflection of the courage and strength of Kenyan civil society that this injustice was documented." Readers' Choice in Time magazine's Person of the Year poll, and runner-up for Person of the Year., and an informal poll of editors at Postmedia Network named him the top newsmaker for the year after six out of 10 felt Assange had "affected profoundly how information is seen and delivered".
Le Monde named him person of the year with fifty six percent of the votes in their online poll. Le Monde is one of the five publications to cooperate with Wikileaks' publication of the recent document leaking.
Claes Borgström, who represents the two women, appealed against the decision to drop the rape investigation. The Swedish Director of Public Prosecution then reopened and expanded the investigation on 1 September. Swedish investigators reinterviewed the two women, wanting to clarify their allegations before talking to Assange but he left Sweden on 27 September, according to statements in UK court, and refused to return to Stockholm for questioning in October, according to Borgström. According to Assange's lawyer, Mark Stephens, Assange made repeated attempts to contact the prosecution, spending over a month in Stockholm before obtaining permission to leave the country, with the Swedish prosecution stating an interview would not be required.
On 18 November 2010 the Swedish prosecutor Marianne Ny asked the local district court for a warrant for Assange in order for him to be heard by the prosecutor. The court ordered detention as a suspect with probable cause for rape, sexual assault, and coercion. An appeal from the legal representatives of Assange was turned down by the Svea Court of Appeal, and the Supreme Court of Sweden declined to hear the case. On 6 December 2010, Scotland Yard notified Assange that a valid European arrest warrant had been received. He presented himself to the Metropolitan Police the next morning and was remanded to London's Wandsworth Prison. On 16 December he was granted bail and placed under house arrest at Ellingham Hall, Norfolk, the High Court Judge rejected the prosecution's argument that he was a flight risk. Bail was set at £240,000 surety with £200,000 ($312,700) required to be actually deposited in the courts account.
On release Assange said "I hope to continue my work and continue to protest my innocence in this matter," Assange claimed that the extradition proceedings to Sweden were "actually an attempt to get me into a jurisdiction which will then make it easier to extradite me to the US." Swedish prosecutors have denied the case has anything to do with WikiLeaks. His defence team outlined seven strands of their argument, including a challenge for abuse of process as well as the potential risks to Assange's person were he "rendered" to the US.
In late November 2010, Deputy Foreign Minister Kintto Lucas of Ecuador spoke about giving Assange residency with "no conditions... so he can freely present the information he possesses and all the documentation, not just over the Internet but in a variety of public forums". Lucas believed that Ecuador may benefit from initiating a dialogue with Assange. Foreign Minister Ricardo Patino stated on 30 November that the residency application would "have to be studied from the legal and diplomatic perspective". A few hours later, President Rafael Correa stated that WikiLeaks "committed an error by breaking the laws of the United States and leaking this type of information... no official offer was [ever] made." Correa noted that Lucas was speaking "on his own behalf"; additionally, he will launch an investigation into possible ramifications Ecuador would suffer from the release of the cables. He was ultimately released, in part because journalist Vaughan Smith offered to provide Assange with an address for bail during the extradition proceedings, Smith's Norfolk mansion, Ellingham Hall.
Category:1971 births Category:Australian Internet personalities Category:Australian activists Category:Australian computer programmers Category:Australian journalists Category:Australian whistleblowers Category:Internet activists Category:Living people Category:People from Townsville, Queensland Category:University of Melbourne alumni Category:WikiLeaks
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Coordinates | 40°57′50″N76°53′17″N |
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Name | John Pilger |
Birth place | Sydney, Australia |
Residence | United Kingdom |
Nationality | Australian |
Occupation | Journalist, writer, documentary filmmaker |
Website | www.johnpilger.com |
Since his early years as a war correspondent in Vietnam, Pilger has been a trenchant critic of the foreign policy of the West. He is particularly opposed to many aspects of United States foreign policy, which he regards as being driven by a largely imperialist agenda.
In Breaking the Silence: The Television Reporting of John Pilger, his appraisal of the journalist's documentaries, Anthony Hayward wrote, "For more than a generation, he has been an ever stronger voice for those without a voice and a thorn in the side of authority, the Establishment. His work, particularly his television documentaries, has also made him rare in being a journalist who is universally known, a champion of those for whom he fights and the scourge of politicians and others whose actions he exposes."
Noam Chomsky said of Pilger: "John Pilger's work has been a beacon of light in often dark times. The realities he has brought to light have been a revelation, over and over again, and his courage and insight a constant inspiration."
On 5 June 1968 he witnessed the assassination of Robert F. Kennedy. Pilger says "there's no question that there was another gunman".
During the Daily Mirror 's campaigning heyday Pilger became its star reporter, particularly on social issues. He was a war correspondent in Vietnam, Cambodia, Egypt, India, Bangladesh and Biafra. Later, TV documentaries and books cemented his reputation.
Further films about Vietnam followed on from "The Quiet Mutiny" - "" (1974), "Do You Remember Vietnam?" (1978) and "" (1995)
John Pilger describes the British reaction to 'Year Zero': "The documentary as a television "event" can send ripples far and wide... 'Year Zero' not only revealed the horror of the Pol Pot years, it showed how Richard Nixon's and Henry Kissinger's "secret" bombing of that country had provided a critical catalyst for the rise of the Khmer Rouge. It also exposed how the west, led by the United States and Britain, was imposing an embargo, like a medieval siege, on the most stricken country on earth. This was a reaction to the fact that Cambodia's liberator was Vietnam - a country that had come from the wrong side of the Cold War and that had recently defeated the US. Cambodia's suffering was a wilful revenge. Britain and the US even backed Pol Pot's demand that his man continue to occupy Cambodia's seat at the UN, while Margaret Thatcher stopped children's milk going to the survivors of his nightmare regime. Little of this was reported. Had 'Year Zero' simply described the monster that Pol Pot was, it would have been quickly forgotten. By reporting the collusion of "our" governments, it told a wider truth about how the world was run. Within two days of 'Year Zero' going to air, 40 sacks of post arrived at ATV (later Central Television) in Birmingham - 26,000 first-class letters in the first post alone. The station quickly amassed £1m, almost all of it in small amounts. "This is for Cambodia," wrote a Bristol bus driver, enclosing his week's wage. Entire pensions were sent, along with entire savings. Petitions arrived at Downing Street, one after the other, for weeks. MPs received hundreds of thousands of letters, demanding that British policy change (which it did, eventually). And none of it was asked for. For me, the public response to 'Year Zero' gave the lie to clichés about "compassion fatigue", an excuse that some broadcasters and television executives use to justify the current descent into the cynicism and passivity of Big Brotherland. Above all, I learned that a documentary could reclaim shared historical and political memories, and present their hidden truths. The reward then was a compassionate and an informed public; and it still is."
In March 2005, Stealing a Nation was awarded Britain's most prestigious documentary prize, the Royal Television Society Award.
In May 2006, the UK High Court ruled in favour of the Chagossians in their battle to prove they were illegally removed by the UK government during the depopulation of Diego Garcia, paving the way for a return to their homeland. The leader of the Chagos Refugee Group, Olivier Bancoult, described it as a "special day, a day to remember". In May 2007, the UK Government's appeal against the 2006 High Court ruling was dismissed and they took the matter to the House of Lords. In October 2008, the House of Lords ruled in favour of the Government, overturning the original High Court ruling.
On 25 July 2005, Pilger ascribed blame for the 2005 London bombings that took place the same month to Blair, whose decision to follow Bush helped to generate the rage that he maintains precipitated those bombings.
In the same column a year later, Pilger described Blair as a war criminal for supporting Israel's actions during the 2006 Israel-Lebanon conflict. He also asserted that Blair gave permission to Israeli Prime Minister Ariel Sharon in 2001 to initiate what would ultimately become Operation Defensive Shield.
Pilger has also criticised United States President Barack Obama, describing him as "a glossy Uncle Tom who would bomb Pakistan." and whose theme "was the renewal of America as a dominant, avaricious bully." Pilger asserts, "In his first 100 days, Obama has excused torture, opposed habeas corpus and demanded more secret government."
In May 2007, Pilger co-signed and put forward a letter supporting the refusal of the government of Venezuela to renew the broadcasting licence of Venezuela's largest television network Radio Caracas Televisión (RCTV), as they openly supported a 2002 coup attempt against the democratically elected government. Pilger and other signatories suggest that if the BBC or ITV used their news broadcasts to publicly support a coup against the British government, they would suffer similar consequences. Other groups, such as Human Rights Watch, Reporters Without Borders and the Committee to Protect Journalists, have described the RCTV decision as an effort to stifle freedom of expression.
Pilger said, while speaking to journalism students at the University of Lincoln, that mainstream journalism means corporate journalism, and as such represents vested corporate interests over those of the public.
He is particularly scornful of pro-Iraq war commentators on the liberal left, or 'liberal interventionists', such as Nick Cohen and David Aaronovitch.
Degrees and honorary degrees:
Category:1939 births Category:Living people Category:Australian documentary filmmakers Category:Australian expatriates in the United Kingdom Category:Australian journalists Category:Australian freelance journalists Category:Investigative journalists Category:People from Sydney Category:War correspondents
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.