#Court #PoliticalOppression
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister
Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.
The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.
An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.
Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."
The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.
Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.
The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."
Source: Apple Daily #Mar26
https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/
#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister
Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.
The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.
An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.
Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."
The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.
Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.
The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."
Source: Apple Daily #Mar26
https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/
#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial