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S. Korea liable to compensate victims of 1975 presidential decree – Supreme Court

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S. Korea liable to compensate victims of 1975 presidential decree - Supreme Court

The Supreme Court of South Korea on Tuesday ruled that the country is liable to compensate victims of a now-defunct presidential decree enforced in the 1970s during the presidency of the late Park Chung-hee to crack down on anti-government activists.

The apex court made the ruling after an en banc session in a compensation lawsuit filed against the state by 71 people, who were arrested and served prison terms for violating the Presidential Emergency Decree No. 9, and their heirs.

The Park government issued Presidential Emergency Decree No. 9 in May 1975 to prohibit all politically motivated group activities and gatherings, including anti-government demonstrations by students.

Violators would be punished by imprisonment of more than one year.

Park, who ruled the nation from 1961-1979 after seizing power in a military coup, had earlier declared eight other emergency decrees based on the so-called Yushin (renewal) Constitution introduced in 1972 to remain in power permanently.

Tuesday’s ruling is a direct reversal of the Supreme Court’s previous verdict reached seven years ago on the state’s liability to the victims of the same decree.

In 2013, the Constitutional Court declared Park’s Emergency Decrees No. 1, 2, and 9 as unconstitutional, saying the measures infringed the basic rights of citizens, such as freedom of expression and assembly and political suffrage.

The Supreme Court also ruled in the same year that Presidential Emergency Decree No. 9 was invalid due to its infringement of people’s basic rights.

In March 2015, however, the Supreme Court refused to recognise the state’s liability for compensation to the victims of the emergency decree, saying the decree was only a political act of the state and thus cannot be seen as an illegal act under civil law.

But some lower courts have since issued verdicts that are different from that of the top court.

The Supreme Court began deliberations on the latest compensation lawsuit in February 2018 after it was dismissed by lower courts based on the 2015 Supreme Court ruling.

The top court ruled in favour of state compensation, saying the emergency decree No. 9 violated people’s basic rights and can be seen as an illegal act under civil law.

It then ordered the Seoul High Court to retry the case.

“State actions ranging from the issuance and execution of emergency decree No. 9 were illegal due to the absence of objective legitimacy by public officials enforcing the decree,” the Supreme Court said.

“Thus state liability for compensation can be recognised for damage suffered by individual citizens who underwent forced investigations or were convicted and served prison sentences under emergency decree No. 9,” it added.

(Yonhap/NAN)

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Foreign

Trump says he will impose tariffs on China, Mexico, and Canada

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U.S. President-elect Donald Trump on Monday said that, once he returns to the White House, he will impose high import tariffs on all goods from Mexico and Canada as well as additional tariffs on Chinese imports.

Trump said on Truth Social, the social media platform he co-founded, that he would sign an executive order to that effect on his first day in office.

“On January 20th, as one of my many first Executive Orders, I will sign all necessary documents to charge Mexico and Canada a 25 per cent Tariff on ALL products coming into the United States, and its ridiculous Open Borders,” Trump said.

He added that the tariff would remain in place “until such time as Drugs, in particular Fentanyl, and all Illegal Aliens stop this Invasion of our Country!”

“Both Mexico and Canada have the absolute right and power to easily solve this long-simmering problem,” Trump said.

“We hereby demand that they use this power, and until such time that they do, it is time for them to pay a very big price!”

The president-elect also said that additional tariffs of 10 per cent are to apply to goods from China until drugs stop “pouring into our Country, mostly through Mexico.”

“I have had many talks with China about the massive amounts of drugs, in particular Fentanyl, being sent into the United States – But to no avail,” Trump said.

“Representatives of China told me that they would institute their maximum penalty that of death, for any drug dealers caught doing this but, unfortunately, they never followed through, and drugs are pouring into our Country, mostly through Mexico, at levels never seen before.”

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Africa

Customs hands over illicit drugs worth N117.59m to NDLEA

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Customs hands over illicit drugs worth N117.59m to NDLEA

The Nigeria Customs Service (NCS), Ogun Area 1 Command, has handed over illicit drugs worth N117.59 million to the National Drug Law Enforcement Agency (NDLEA).

The Comptroller of the command, Mr James Ojo, disclosed this during the handing over of the drugs to Mr Olusegun Adeyeye, the Commander of NDLEA, Idiroko Special Area Command, in Abeokuta, Ogun, on Friday.

Ojo said the customs handed over the seized cannabis and tramadol tablets to the Idiroko Special Command for further investigation in line with the standard operating procedures and inter-agency collaboration.

He said the illicit drugs were seized  in various strategic locations between January and November 21, 2024, in Ogun State.

He added that the illicit drugs were abandoned at various locations, including the Abeokuta axis, the Agbawo/Igankoto area of Yewa North Local Government Area, and Imeko Afton axis.

Ojo said that the seizure of the cannabis sativa and tramaling tablets, another brand of tramadol, was made possible through credible intelligence and strategic operations of the customs personnel.

“The successful interception of these dangerous substances would not have been possible without the robust collaboration and support from our intelligence units, local informants and sister agencies.

“These landmark operations are testament to the unwavering dedication of the NCS to safeguard the health and well-being of our citizens and uphold the rule of law,” he said.

He said the seizures comprised 403 sacks and 6,504 parcels, weighing 7,217.7 kg and 362 packs of tramaling tablets of 225mg each, with a total Duty Paid Value of N117,587,405,00.

He described the height of illicit drugs smuggling in the recent time as worrisome.

This, he said, underscores the severity of drug trafficking within the borders.

“Between Oct. 13 and Nov. 12 alone, operatives intercepted a total of 1,373 parcels of cannabis sativa, weighing 1,337kg and 362 packs of tramaling tablets of 225mg each,” he said.

Ojo said the seizures had  disrupted the supply chain of illicit drugs, thereby mitigating the risks those substances posed to the youth, families and communities.

He lauded the synergy between its command, security agencies and other stakeholders that led to the remarkable achievements.

Ojo also commended the Comptroller General of NCS for creating an enabling environment for the command to achieve the success.

Responding, Adeyeye, applauded the customs for achieving the feat.

Adeyeye pledged to continue to collaborate with the customs to fight against illicit trade and drug trafficking in the state.

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Africa

Ann-Kio Briggs Faults Tinubu for Scrapping Niger Delta Ministry

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Prominent Niger Delta human rights activist and environmentalist, Ann-Kio Briggs, has criticised President Bola Tinubu’s decision to scrap the Ministry of Niger Delta, describing it as ill-advised and detrimental to the oil-rich region.

Briggs expressed her concerns during an appearance on Inside Sources with Laolu Akande, a socio-political programme aired on Channels Television.

“The Ministry of Niger Delta was created by the late (President Umaru) Yar’Adua. There was a reason for the creation. So, just removing it because the president was advised. I want to believe that he was advised because if he did it by himself, that would be terribly wrong,” she stated.

President Tinubu, in October, dissolved the Ministry of Niger Delta and replaced it with the Ministry of Regional Development, which is tasked with overseeing all regional development commissions, including the Niger Delta Development Commission (NDDC), North-West Development Commission, and North-East Development Commission.

Briggs questioned the rationale behind the restructuring, expressing concerns about its feasibility and implications. “But that’s not going to be the solution because who is going to fund the commissions? Is it the regions because it is called the Regional Development Ministry? Is it the states in the regions? What are the regions because we don’t work with regions right now; we are working with geopolitical zones,” she remarked.

She added, “Are we going back to regionalism? If we are, we have to discuss it. The president can’t decide on his own to restructure Nigeria. If we are restructuring Nigeria, the president alone can’t restructure Nigeria, he has to take my opinion and your opinion into consideration.”

Briggs also decried the longstanding neglect of the Niger Delta despite its significant contributions to Nigeria’s economy since 1958. “The Niger Delta has been developing Nigeria since 1958. We want to use our resources to develop our region; let regions use their resources to develop themselves,” she asserted.

Reflecting on the various bodies established to address the region’s development, Briggs lamented their failure to deliver meaningful progress. She highlighted the Niger Delta Basin Authority, the Oil Mineral Producing Areas Development Commission (OMPADEC), and the NDDC as examples of ineffective interventions.

“NDDC was created by Olusegun Obasanjo…There was OMPADEC before NDDC. OMPADEC was an agency. Before OMPADEC, there was the Basin Authority…These authorities were created to help us. Were we helped by those authorities? No, we were not,” she said.

Briggs further described the NDDC as an “ATM for failed politicians, disgruntled politicians, and politicians that have had their electoral wins taken away from them and given to somebody else.”

Her remarks underscore the deep-seated frustrations in the Niger Delta, where residents continue to advocate for greater control over their resources and improved governance.

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