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Summary Dealing in breach of ECHR

#1
The European Court of Human Rights in the case of Thompson vs UK has delivered an interesting judgement, although not entirely surprising one. the full judgement is at:
http://hudoc.echr.coe.int/hudoc/Vie...=625214352&Notice=0&Noticemode=&RelatedMode=0

in effect the summary dealing by CO and OC is unlawful. the CO investigates, charges and acts as judge and sentencer. this is not an impartial and independant tribunal. :oops: :oops:

on separate grounds it was also found unlawful because the right to be legally represented on orders is also denied. :twisted:

any orders ought to be suspended until this is sorted out as they are effectively unlawful. the DCM system is still sound, so the CO can just refer everything to Higher Authority to keep things moving. - might be a bit harsh for late on parade though!! :D

the MOD might just leave this until someone challenges it - but that wont be long, trust me!! time for a rethink. now its time for the garrison magistrate to be looked at again. the old PPCM in a new guise.
 
#2
As I have posted many times before, this is why Commanders should resort to Administrative (AGAI 67) action.

It gets the job done just as effectively, and saves 'true' disciplinary action for those who deserve it!
 
#3
one for the moderator - this forum should perhaps be subtitled "OK RSM keep him marking time for a few weeks" until this gets resolved!!
 
#4
Bloody shysters. We found the best use for lawyers on Telic when we were short on toms for guard duty and all ranks Captain and below had to go on stag. THE DALS CHAP WENT OFF QUITE HAPPILY though he armed himself with a rifle rather than his law books and billing machine
 

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