text:
U.N. Doc. CCPR/C/95/D/1388/2005
Communication No. 1388/2005
19 March 2009
human rights committee
|Ninety-fifth session
|16 March - 9 April 2009
José Luis de León Castro
|Return Home
The Human Rights Committee, established under
article 28 of the International Covenant on Civil and Political Rights,
Meeting on 19 March 2009,
Having concluded its consideration of communication No. 1388/2005, submitted on behalf of José Luis de León Castro under the Optional Protocol to the International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the author of the communication and the State party,
Adopts the following:
1.1 The author of the communication, dated 23 August 2004, is José Luis de León Castro, a Spanish citizen born on 25 February 1929. The author claims to be the victim of violations by Spain of articles 9, paragraph 1, and 14, paragraph 5, of the Covenant. The Optional Protocol entered into force for Spain on 25 April 1985. The author is represented by counsel.
1.2 On 13 July 2005 the Special Rapporteur on New Communications and Interim Measures decided that the admissibility of the communication should be considered separately from the merits.
2.1 The author served as a lawyer for a housing association in a lawsuit against various construction companies and architects and an insurance company concerning defects in the construction of a building. In 1996 a court upheld the association's claim and ordered the defendants to pay 2,000 million pesetas in compensation. The insurance company paid its share, which amounted to 86 million pesetas. The association had reached an agreement with the author and the court attorney handling the case that they should be paid in accordance with the guidelines established by the Madrid Bar Association and with the schedule of attorneys' fees. Payment would be made when the association had sufficient funds.
2.2 In April 1997 the attorney collected his fee of 6 million pesetas, remitted 50 million pesetas to the author and then wrote out a cheque to the association for the remaining amount of 30 million pesetas.
2.3 Following a disagreement over the amount of the fee paid to the author, on 20 January 1998 the housing association brought criminal proceedings against him for alleged misappropriation of funds. The prosecutor's office classified the offence as either misappropriation of funds or fraud. On 8 February 2001 the Madrid Provincial Court sentenced the author to three years' imprisonment for fraud. The author states that the court invented the story that he had deceived the attorney into giving him the 50 million pesetas and that, in determining that the maximum amount the lawyer could charge was 22 or 23 million pesetas, it failed to take into account the fees he could charge for an appeal. The author maintains, in addition, that the essential element of the offence of fraud, namely deception, was introduced by the judges at the sentencing stage, and it was therefore impossible for him to mount a defence against this new accusation during the trial.
2.4 On 21 April 2001, the author submitted an appeal in cassation to the Supreme Court. In a ruling dated 20 January 2003, the Supreme Court found that the author's guilt had been established on the basis of lawfully obtained evidence which had been assessed by the court and that the assessment of evidence was a matter for the sentencing court, not the Supreme Court. The author claims that this judgement, too, distorted the facts proved at trial by finding that the author had concealed from the attorney the terms on which his fee had been set so that the attorney would pay him the 50 million pesetas. Moreover, the Supreme Court's assertions could not be reviewed by a higher court. [FN1]
FN1 With regard to the assessment of evidence, the Supreme Court's judgement in cassation stated the following: "There is an abundance of evidence - both direct and circumstantial - that weakens the presumption of innocence. This evidence includes the following: (a) the statement made by the accused acknowledging that he received 50 million pesetas and that he did not transfer any of the money to the housing association, an acknowledgement to which he adds that he was perfectly entitled to receive this amount of money; (b) the fact that he was not entitled to obtain the full amount is proven by a number of documents contained in the file, including one sent by the present appellant to the housing association on 10 April 1992, in which a contract for the provision of services was considered to exist between the two parties and in which it was stated that, if the case was taken to court (as it was) and an amount of 650 million pesetas was obtained, lawyers' fees (for the lawyer and attorney) would be set at 8 million pesetas, plus 6 per cent value added tax (VAT); there was also a document dated 24 July 1992 sent to the housing association by the accused, in his capacity as its lawyer, stating that the fee would be brought into line with the guidelines established by the Bar Association; from the attached copy of these guidelines it could be deduced that the fee would normally be between 15 and 16 million pesetas, or between 22 and 23 million pesetas in an especially complicated case; another series of documents drafted and consequently acknowledged by the accused, such as those of 31 October and 16 December 1996, are similar in content; (c) there is also the witness statement given by Mr. Vélez, in which he said, in his capacity as the court attorney, that he had given the 50 million pesetas in question to the accused because the latter, in addition to informing him of the relationship of trust he enjoyed with the housing association, had concealed from the attorney the terms on which his fee had been set. Therefore, lawfully obtained evidence was assessed by the trial court based on logic, coherence and the lessons of experience, with its authority to undertake such an assessment being established by article 741 of the Criminal Procedure Act, which is based on no less an important principle than that of immediacy."
2.5 On 20 February 2003, the author submitted an application for amparo to the Constitutional Court, claiming, inter alia, that his right to be informed of the charges against him and his right to presumption of innocence had been violated. On 26 January 2004, the Constitutional Court found that there was sufficient evidence against the author and rejected the application. The author states that the Constitutional Court does not permit any challenges to the evidence considered in the sentences that are handed down.
2.6 On 11 February 2003, the author filed a petition for a pardon with the Ministry of Justice. On 12 February 2003, after the Supreme Court had rejected his appeal in cassation, he applied to the Madrid Provincial Court for a suspension of his sentence. On 7 April 2004, the Provincial Court rejected that request. The author went to prison on 25 April 2003. He applied for reconsideration, citing his age (74) and asserting that there was no danger that he would escape, that he had no previous convictions and that his family would be left destitute if he were to go to prison. His request for reconsideration was rejected on 3 June 2003. The author pointed out that on 11 April 2004 a local newspaper had reported that the Provincial Court had suspended the sentences of two bankers of advanced years pending a decision on their petition for a pardon. On 21 July 2003, the author applied to the Constitutional Court for a suspension of his sentence; this appeal was not examined until January 2004, when the application was rejected.
2.7 Before going to prison, the author applied to the Prisons Department for conditional release. On 17 June 2003 he was interviewed in prison by the Assessment Board. On 6 August 2003 the Prisons Department informed him that he had been placed under the ordinary (grade 2) prison regime, after determining that he was not eligible for the semi-open regime. The Department decided that this regime should apply to the author with effect from 31 July 2003. The author explains that the reason for selecting that date was that Act No. 7/2003 of 30 June on reform measures for the full execution of sentences had entered into force in early July. This law made access to the restricted-release regime and to parole conditional upon prior payment of the civil liabilities arising from the offence. This law required that declarations of insolvency be taken into account, however, and the author had submitted such a declaration on 18 November 1999; it did not restrict the applicable rules in respect of people in their 70s.
2.8 On 7 August 2003, the author appealed his prison regime assignment before the Prison Supervision Court, requesting that he be granted parole and, subsidiarily, that he be placed under a grade 3 regime. In a decision communicated on 9 December 2003, the Prison Supervision Court accepted the author's application and placed him under a restricted-release regime (grade 3 restricted: weekend leave). It also stated that he would be eligible for parole once he had paid the compensation corresponding to the civil liabilities arising from the offence. On 19 December 2003, the Assessment Board granted him leave on alternate weekends but denied him parole, which he had requested on the grounds of his advanced age.
2.9 On 15 January 2004 the author again applied to the Prison Supervision Court for parole, arguing that he was over 70 years old and that he understood from the Supervision Court decision placing him under the restricted-release regime that the requirement to discharge his civil liabilities would be deemed fulfilled once he had signed an express undertaking to pay the corresponding compensation if he received any income; in that regard, he stated that he was awaiting a ruling in a case from which he expected to receive 90 million pesetas. This request was turned down on 13 May 2004 on the basis of a prison report dated 1 April 2004. On 1 April 2004, the author had applied to the Provincial Court for the suspension of his sentence; this was denied on 21 April 2004 because the sentence was longer than two years. On 26 April 2004, the Prisons Department granted the author daily leave between 5.30 p.m. and 9.45 p.m. as well as weekend leave. On 2 June 2004, the author submitted a complaint to the General Council of the Judiciary concerning the delay in processing his requests for conditional release in the Prison Supervision Court and the Provincial Court. This complaint was dismissed on 30 June 2004. On 6 May 2005, the Madrid Provincial Court upheld the author's appeal against the decisions of Prison Supervision Court No. 3, according to which the author was to remain under the semi-open (grade 3 restricted) regime, and approved his application for the full open regime. The prison administration did not implement this decision immediately; in response to this situation, the author submitted several written requests and an application for amparo. The Constitutional Court rejected this application on 18 January 2006.
2.10 A further parole application submitted to Madrid Prison Supervision Court No. 2 was rejected on 5 December 2005. The author appealed this decision before the Madrid Provincial Court, which dismissed his appeal on 3 February 2006.[FN2] On 16 March 2006, the author submitted an application for amparo to the Constitutional Court against the decision of the Madrid Provincial Court.
---------------------------------------------------------------------------------------------------------------------[FN2] The decision states the following: "Apart from the fact that the Assessment Board's recommendation on the proposal for parole was unfavourable ... we do not see that the prisoner's response to the prison regime has been sufficiently positive to allow him to be granted as important a privilege as the one requested, especially given that he has not accepted criminal responsibility. On the other hand, age is not currently a serious impediment to the prisoner's serving his sentence, since José Luis de León Castro is, fortunately, in good health and benefits from a grade 3 prison regime that gives him a considerable margin of freedom, his presence being required at the open prison centre for only six hours a day."
2.11 The author considers that he has exhausted domestic remedies. He says that, although in the application for amparo before the Constitutional Court he did not adduce a violation of the right to a second hearing, this remedy was in any case ineffective because of the Constitutional Court's refusal to apply the Committee's jurisprudence relating to article 14, paragraph 5, of the Covenant. The author asserts that he has exhausted all available domestic remedies before the prison authorities and the Prison Supervision Court in his attempts to obtain conditional release.
3.1 The author claims to be a victim of arbitrary detention in violation of article 9, paragraph 1, of the Covenant. He states that a law limiting his eligibility for prison privileges was applied retroactively. The purpose of Act No. 7/2003 of 31 July 2003 [FN3] is to regulate access to prison privileges by persons convicted of terrorism or of fraud or misappropriation involving large sums of money that adversely affect large numbers of people. In such cases, the civil liabilities arising from the offence must be discharged before parole is granted. The author argues that his case does not meet any of those criteria. Under the guidelines drawn up by the Prisons Department for the application of this law, prison authorities must take the existence or absence of a prior declaration of insolvency into account. The author maintains that he has a declaration of insolvency dated 18 November 1999, while the events in question occurred on 15 April 1997.
[FN3] The correct date of Act No. 7/2003 is 30 June 2003; it entered into force on 2 July 2003.
3.2 The author says that in order to be granted parole he is required to settle the civil liabilities arising from the offence. He considers this to be unfair, unlawful and discriminatory because he is not financially solvent, having been unable to practise as a lawyer for three years as a result of his conviction. He adds that nobody is willing to offer him an employment contract because he is 75 years old.
3.3 He claims that the Prison Supervision Court handed down erroneous rulings in order to delay the processing of his parole applications and thereby allow the full term of his sentence to elapse. He cites the Prison Supervision Court ruling of 10 June 2004, in which the Court quashed the order issued by the Prisons Department placing him under the restricted-release (grade 3 restricted) regime and decided that he should remain under the ordinary (grade 2) prison regime. The author requested that the error be corrected, but this was not done until 6 July 2004. On the same day, he was informed of a ruling by the Prison Supervision Court dated 26 July 2004 (sic) that refused him parole on health grounds because he was subject to the ordinary (grade 2) regime. The author maintains that he had not applied for parole on health grounds, but on the grounds of age, and that he was not subject to the grade 2 regime. He further states that he asked for these rulings to be rectified.
3.4 The author also alleges a violation of article 14, paragraph 5, of the Covenant on the grounds that he was not granted a full review of the sentence handed down by the Madrid Provincial Court. He cites the Human Rights Committee's concluding observations of 3 April 1996 on the fourth periodic report of Spain and the Committee's Views on communications Nos. 701/1996, Gomez Vásquez v. Spain; 986/2001, Semey v. Spain; 1007/2001, Sineiro Fernández v. Spain; and 1101/2002, Alba Cabriada v. Spain. He argues that the review carried out by the high court was confined to legal aspects and did not include an examination of the facts of the case because he had been unable to obtain a review of the evidence by the Supreme Court. The reason for this, he claims, is that the Supreme Court ruled that the credibility of statements cannot be the subject of review, since nothing that depends on the immediacy of the proceedings can be subject to appeal.
4.1 By note verbale dated 11 July 2005, the State party submitted its observations on the admissibility of the communication. It maintains that the communication is inadmissible under articles 2, 3 and 5, paragraph 2 (b), of the Optional Protocol because domestic remedies have not been exhausted and because the communication is clearly without merit.
4.2 According to the State party, the author challenged various decisions of the prison authorities in the Prison Supervision Court but did not at any time challenge the various rulings of the Court itself, despite the fact that the Court's rulings indicated that they were subject to the remedy of reconsideration. In addition, the only application for amparo submitted by the author was related to the trial in which he was convicted rather than to prison-related matters, and no reference was made to the right to review of conviction and sentence by a higher court.
4.3 The State party adds that the author was deprived of his liberty for reasons defined by law and pursuant to legally established procedures in accordance with article 9, paragraph 1, of the Covenant. The State party argues that allegations in respect of the right of pardon or clemency and suspension of sentence fall outside the scope of article 9, paragraph 1, of the Covenant.
4.4 As to the alleged violation of article 14, paragraph 5, the State party repeats that the matter was never raised in the domestic courts, not even in the application for amparo submitted to the Constitutional Court. The State party denies that the application for amparo was futile. It argues that the only exception to the exhaustion of domestic remedies rule is unreasonably prolonged proceedings. The remedies must exist and be available, but they cannot be considered ineffective simply because the author's claims were not upheld. It adds that any over-interpretation of the Protocol could open the way for dispensing with domestic remedies whenever the relevant jurisprudence has been established by the domestic courts, which would clearly run counter to the letter and spirit of article 5, paragraph 2 (b).
4.5 The State party refers to Constitutional Court jurisprudence, which establishes that, to ensure that the remedy of cassation meets the standards of the Covenant, a broad interpretation of the scope of review by the court of cassation must be applied (Constitutional Court judgements of 3 April 2002, 28 April 2003 and 2 June 2003, inter alia). The State party argues that, because this claim was not brought before the Constitutional Court, it is now impossible to know whether that Court would have found the Supreme Court's review of the conviction and sentence sufficiently comprehensive or not.
4.6 The State party further considers that the judgement handed down in cassation shows that the second chamber of the Supreme Court did carry out a full review of the sentence issued by the Provincial Court. Quoting the third and seventh grounds of the judgement, it concludes that the author alleges a lack of review because he disagrees with the assessment of the facts and evidence. The State party refers to the decision of the Constitutional Court, which states that "the appellant's claim that there was insufficient evidence against him cannot be upheld … on the contrary, from the record it can only be concluded that there was an abundance of evidence, both direct and circumstantial ...". The State party asserts that the Constitutional Court also reviewed the evidence and the assessment of it made in the course of the appeal in cassation.
5.1 In his comments of 20 September 2005, the author states that the prison administration did not place him under the open prison regime or process his application for parole, despite the Madrid Provincial Court decision of 6 May 2005 granting the application of the full open regime and its decision of 25 May 2005 ordering the prison administration to process his parole application. The author states that he repeatedly requested that, in view of his age and his health, these court rulings be applied, but that the judicial decisions adopted in that regard were arbitrary and constituted a denial of justice.
5.2 The author disputes the State party's assertion that he did not appeal the various rulings of the prison authorities; in this connection, he refers to the complaint he lodged with the General Council of the Judiciary concerning the delay in proceedings and to article 5, paragraph 2 (b), of the Optional Protocol. He adds that as a result of the constant delays in the appeal proceedings, he brought two criminal actions for obstruction of justice. He maintains that the unreasonable prolongation of proceedings in these appeals and in the issuance of rulings is the reason why he did not submit an application for amparo.
5.3 As to the State party's claim that the communication is clearly without merit because it falls outside the scope of article 9, paragraph 1, the author refers to the jurisprudence of the Committee in communication No. 44/1979, Alba Pietraroia v. Uruguay and to its Views on communication No. 305/1988, Van Alphen v. The Netherlands. He also refers to the views of the Working Group on Arbitrary Detention and argues that there cannot possibly be any legal grounds for keeping a 77-year-old man in prison when he has served three quarters of his sentence, is subject to the grade 3 open prison regime and has shown good behaviour. He also refers to the 3 December 2003 decision of Madrid Prison Supervision Court No. 1, which found that the likelihood that he would reoffend tended to be low and noted his good behaviour and normal personality. He argues that this situation constituted a violation of article 9, paragraph 1, of the Covenant. The author again asserts that Act No. 7/2003, which was published on 31 July 2003 and entered into force on 1 August 2003, contains an unconstitutional transitional provision for retroactive application.
5.4 As to the State party's claim that domestic remedies have not been exhausted, the author repeats that the Constitutional Court systematically rejects any application for amparo that is based on the lack of a second hearing, for the Court takes the view that the scope of the remedy of cassation is consistent with the right to a second hearing established in article 14, paragraph 5, of the Covenant.
5.5 The author also refutes the State party's claim that the Supreme Court examined factual issues in this case. The remedy of cassation in criminal matters in Spain is subject to strict limitations in respect of the re-examination of evidence, and no facts declared proven in the judgement may be reviewed. The author refers to the replies of the Spanish State in communications Nos. 1101/2002 and 1104/2002, in which he says the State party recognizes that judicial review, or appeal in cassation, is a legal remedy intended essentially to standardize the interpretation of the law. For the author, the adoption of Act No. 19/2003, establishing a genuine second judicial instance in criminal cases, is confirmation of the fact that the Spanish system of cassation does not comply with the requirements of the Covenant.
5.6 The author contends that the main issue in the criminal trial was the existence or absence of deception and that the resolution of that issue would require an evaluation and review of the facts declared proven in the Provincial Court sentence. The high court, in the third legal ground of its judgement as quoted by the State party, considers the question of whether or not there was a violation of the right to presumption of innocence by assessing whether or not there was an absence of evidence, but it does not enter into an assessment of the evidence as such. According to the author, in its judgement the high court acknowledged that the weighing of evidence is conducted by the trial court, whose competence to do so is established by article 741 of the Criminal Procedure Act based on the principle of immediacy. The high court confined itself to determining whether the reasoning set forth in the lower court's sentence was inconsistent with the content of specific documents. Such a review could never entail a full re-examination of the evidence (and therefore of the verdict reached), much less of the facts declared proven in the trial court's sentence.
5.7 The author also contests the State party's contention that the Constitutional Court reviewed the prosecution evidence and its evaluation in cassation. He observes that the Constitutional Court confined itself to establishing that there was no lack of evidence, without evaluating the evidence as such.
6.1 On 9 March 2007, at its eighty-ninth session, the Committee decided that the communication was admissible in respect of the complaints related to articles 9, paragraph 1, and 14, paragraph 5, of the Covenant.
6.2 With regard to the author's complaint of violations of article 9, paragraph 1, the Committee found that the complaint had been sufficiently substantiated for the purposes of its admissibility and that the author had exhausted the remedies available to him.
6.3 As to the complaint under article 14, paragraph 5, the Committee took note of the State party's argument that domestic remedies had not been exhausted because the alleged violations referred to the Committee had never been brought before the Constitutional Court. The Committee recalled its jurisprudence, which indicates that it is necessary to exhaust only those remedies that can reasonably be expected to prosper.[FN4] An application for amparo had no prospect of prospering in relation to the alleged violation of article 14, paragraph 5, of the Covenant, and the Committee therefore considered that domestic remedies had been exhausted.
[FN4] See, for example, communications Nos. 701/1996, Cesario Gómez Vázquez v. Spain, Views of 20 July 2000, para. 10.1; 986/2001, Joseph Semey v. Spain, Views of 30 July 2003, para. 8.2; 1101/2002, Alba Cabriada v. Spain, Views of 1 November 2004, para. 6.5; 1293/2004, Maximino de Dios Prieto v. Spain, decision of 25 July 2006, para. 6.3; and 1305/2004, Villamón Ventura v. Spain, decision of 31 October 2006, para. 6.3.
6.4 As to the alleged failure to substantiate the communication in respect of the complaint under article 14, paragraph 5, the Committee found that the author had sufficiently substantiated this part of the communication for the purposes of its admissibility and concluded that the communication was admissible in respect of the alleged lack of a full review in cassation of the sentence handed down by the Provincial Court.
7.1 On 18 October 2007 the State party submitted its observations on the merits of the communication. With regard to the alleged violation of article 9, paragraph 1, of the Covenant, the State party claims that the author's complaint refers to the application of prison privileges, the granting or denial of which does not call into question the fact that he was obliged to serve the three-year prison sentence that had been lawfully imposed upon him.
7.2 The author began by requesting a suspension of his sentence, which is ruled out under the Criminal Code for sentences of more than two years. He began to serve his prison sentence on 28 April 2003, and the Prison Supervision Court placed him under the semi-open (grade 3) regime on 3 December 2003. This was done despite the fact that the author had not yet served a quarter of his sentence or discharged his civil liabilities, both of which are prerequisites for the granting of this privilege; the requirements were waived because the author had served almost a quarter of the sentence and had undertaken to discharge the civil liabilities in question.
7.3 While under the semi-open regime, the author applied for parole. The request was rejected by decision of 5 May 2004 on the grounds of a failure to meet the requirements for parole, namely the discharge of civil liabilities and completion of three quarters of the sentence. Although under the law the requirement that the author serve three quarters of the sentence could have been waived owing to his age, it would have been inappropriate to grant parole because of the author's failure to even partially discharge his civil liabilities. No appeal of this decision was lodged. On several subsequent occasions, applications by the author for parole were again rejected by the courts on the grounds that he showed no remorse or any intention of discharging his civil liabilities and that the illness he invoked was not of a serious nature. At no point did he submit an application for amparo against these decisions. Nor did he inform the Committee of the legal provisions he considered to have been violated or the specific circumstances on which such an allegation would be based. The author has deliberately omitted any reference to the judicial decisions dismissing his applications from the information provided to the Committee. In support of his argument that the necessary remedies were not available, he mentions only the decision of the Provincial Court ordering that an application be processed. However, once that application had been processed, it was rejected by reasoned decision on repeated occasions.
7.4 With regard to the alleged violation of article 14, paragraph 5, the author confines himself to making general comments, without specifying which evidence he disputes or which particular pieces of evidence or facts he was unable to have reviewed. In addition, the ruling on the appeal in cassation shows that the Court carried out a thorough review of the prosecution evidence, leading to the conclusion that "lawfully obtained evidence was assessed by the trial court based on logic, coherence and the lessons of experience, competence for this assessment being established by article 741 of the Criminal Procedure Act". The Court also examined various documents contained in the case files that the author had referred to when claiming that the evidence had been erroneously assessed by the Provincial Court.
8.1 On 12 December 2007, the author submitted comments on the State party's observations. He reiterates that it was arbitrary to hold him in prison from the age of 74 years and 2 months to the age of 77 years and 5 months. Contrary to the State party's claims, the author did challenge his conviction, since he submitted an appeal in cassation and an application for amparo.
8.2 With regard to the suspension of sentence, he states that, under article 80 of the Criminal Code, any sentence may be suspended without it being necessary to meet any requirement whatsoever in the case of a serious illness with incurable symptoms. The Views and the relevant jurisprudence equate old age (70 years and over) with serious illness. In addition, article 92 of the Criminal Code provides that anyone who is 70 years old or reaches the age of 70 while serving his or her sentence may be granted parole. Thus, parole is in no way made conditional upon the length of the prison sentence.
8.3 Contrary to the State party's claims, it is not true that the author was placed under the semi-open (grade 3 restricted) regime. He entered prison on 25 April 2003 and, despite many favourable reports (from the psychologist, instructor, etc.), the prison placed him under the strict (grade 2) prison regime on 19 June 2003. On 6 August 2003, the Prisons Department confirmed that he had been placed under that regime, but with effect from 31 July 2003 rather than from the date of the prison's decision on the placement, as provided for by law. This was done so that Act No. 7/2003 of 30 June 2003, which made parole conditional upon payment of the compensation corresponding to the civil liabilities arising from the offence, would be applicable to him.
8.4 While serving his sentence, the prison regime under which the author was placed was as follows:
From 25 April to 23 December 2003 he remained in prison, with no entitlement to leave
On 3 December 2003 he was placed under the grade 3 restricted regime, under which, from 23 December 2003 on, he was granted leave on alternate weekends (from Saturday afternoon to Sunday afternoon)
Starting on 23 January 2004, he was granted leave on weekends from 4 p.m. on Friday to 10 p.m. on Sunday
On 2 March 2004, he was granted 22 days of leave every six months
Starting on 20 May 2004, he was granted daily leave from 5.30 p.m. to 9.45 p.m., Monday through Friday, and weekend leave from 9 a.m. on Saturday to 9 a.m. on Monday
From 1 December 2005 he was required to be in prison only from 3 p.m. to 9 p.m., Monday through Friday (he no longer spent the night in prison)
By its decision of 10 March 2006, the Madrid Provincial Court, taking into account the fact that the author had almost completed his sentence and the author's age, health and the level of risk he posed, ordered that the periods he was required to be in prison would be from 4 p.m. to 6 p.m. on Monday, Wednesday and Friday
On 20 August 2006, he obtained his unconditional release from prison
8.5 The author contests the State party's claim that he was granted prison privileges despite the fact that he had not yet served a quarter of his sentence or discharged his civil liabilities. Neither of these requirements was present in the Criminal Code or the prison legislation in force at the time he began his prison sentence or at the time that he should have been eligible for parole. Act No. 7/2003 introduced the additional requirement of discharging one's civil liabilities, taking into account the prisoner's personal and financial circumstances, and the additional criterion regarding particularly serious crimes likely to endanger a great number of people. In criminal law, however, new requirements are not retroactive. In addition, no account was taken of the fact that the author had declared he was insolvent during the pretrial phase, or that he would be unable to exercise his profession owing to his disqualification for the duration of his sentence. Nor was he allowed time to work unless he could produce an employment contract. In other words, the administrative authorities themselves denied him the possibility of discharging his civil liabilities.
8.6 The author contests the State party's claim that he did not appeal against the decision of 5 May 2004 refusing him parole. He appealed that decision before Prison Supervision Court No. 3 and the Provincial Court.
8.7 Article 4.4 of the Criminal Code provides that the judge or court may suspend a sentence pending a ruling on a request for pardon, if serving the sentence would render the pardon devoid of effect. At around the same time (11 April 2003), the same court suspended the prison sentences (of three years and four months) of two bankers because the nature and duration of the sentences would have rendered the pardon devoid of effect. Yet the author's sentence was not suspended, despite the fact that he had filed a petition for a pardon.
8.8 With regard to the State party's claim that the author's illness was not serious and that he was in good health, these considerations are not mentioned in the decision of 7 December 2005 refusing him parole. In addition, the courts referred to his "good health" despite the fact that prison doctors had not made such a diagnosis and that there had been no prior medical examination. On 18 May 2006, during medical examinations carried out because the author was suffering from thrombophlebitis, he was found to have lung cancer. The author did not inform the prison or the courts of this, but instead waited until he had completed his sentence before undergoing an operation on 1 September 2006.
8.9 The author reiterates that he was the victim of a violation of article 14, paragraph 5, of the Covenant, since there was no review of his sentence or conviction. In addition, a fine that had been levied on him was replaced by an additional four months in prison; this was unlawful, given his declaration of insolvency.
9.1 The Committee has examined the merits of the present communication in the light of all the information provided by the parties.
9.2 The author alleges a violation of article 14, paragraph 5, of the Covenant because the Supreme Court did not carry out a full review of the sentence handed down by the Provincial Court. The Committee observes, however, that it is clear from the judgement handed down by the Supreme Court on 20 January 2003 that the Court had reviewed in detail the Provincial Court's assessment of the evidence. Consequently, the Committee cannot conclude that the author has been denied the right to have his conviction and sentence reviewed by a higher court in accordance with article 14, paragraph 5, of the Covenant.
9.3 With regard to the author's allegations that the retroactive application of Act No. 7/2003 of 31 July 2003 limited his access to prison privileges, including parole, and that the processing of his applications for parole was delayed in order to oblige him to serve his entire prison sentence, the Committee must decide whether these claims constitute a violation of article 9, paragraph 1, of the Covenant. The Committee observes that the various complaints made by the author to the prison and judicial authorities were dealt with by those authorities and that, as a result, the author obtained progressively increasing prison privileges. His complaints were addressed in accordance with the legislation in force, and the resulting judicial decisions made available to the Committee by the author were reasoned. The Committee cannot conclude, in view of the documents in the case file, that the denial of parole to the author made his imprisonment for the entire duration of his sentence arbitrary within the meaning of article 9, paragraph 1, of the Covenant. 10. In the light of the above, the Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it do not reveal any violation of the articles of the Covenant.
[Adopted in English, French and Spanish, the Spanish text being the original version. Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee's annual report to the General Assembly.]
The text of an individual opinion of Committee member Ms. Ruth Wedgwood is appended to the present document.
Made public by decision of the Human Rights Committee.
In this case, the author (who is a lawyer) was sentenced to jail in Spain in 2001, following his conviction for fraud in the receipt of legal fees. This is indeed a serious offence that strikes at the heart of the integrity of a legal system. His conviction for fraud was affirmed by the Supreme Court of Spain in January 2003, after his appeal in cassation, and he began serving a three-year prison term in April 2003.
The author has claimed that the State party violated article 9 of the Covenant by retrospectively applying to him the restrictive provisions of a new parole statute passed after the date of his initial conviction and appeal. The parole statute, Act No. 7/2003, which came into force on 1 August 2003, provides that parole cannot be granted to a convicted defendant unless he has satisfied the civil liabilities arising from an offence. The State party admits that parole was denied to the author on several occasions because he had not yet discharged his civil liabilities. See Views of the Committee, paragraph 7.3.
Even within the terms of the new statute, no refusal of parole was supposed to be based on unpaid civil liabilities unless account was taken of a prisoner's declaration of financial insolvency. In addition, any prisoner who was aged 70 or older was not to be subject to the new parole restriction at all. See Views of the Committee, paragraph 2.7. The author apparently should have fallen within the second category, since he was sentenced to jail just before his 72nd birthday. See id., paragraphs 1.1 and 2.3. In addition, he states that he made a declaration of financial insolvency. See id., paragraph 3.1.
On this rather puzzling factual record, the Committee concludes that "the various complaints made by the author to the prison and judicial authorities were dealt with by those authorities" and that the Committee "cannot conclude ... that the denial of parole to the author made his imprisonment for the entire duration of his sentence arbitrary within the meaning of article 9, paragraph 1" of the Covenant. See id., paragraph 9.3.
But criminal penalties cannot be increased retrospectively to the detriment of a defendant, after the offence has been committed. This is the plain command of article 15 (1) of the Covenant. The State has claimed that parole amounts to a discretionary exercise of pardon or clemency that falls outside the Covenant. See Views of the Committee, paragraph 4.3. But even assuming that discretionary pardon and clemency are outside the realm of the law, the parole scheme here was regulated by statute, not by the pure clemency of a governor or head of state or the purely discretionary decision of a parole board. Indeed, the very purpose of the new statute that was applied retrospectively to the author was to prevent any discretionary exercise of clemency or parole unless and until the defendant's unpaid civil liabilities had been discharged. Nor does the gradual modification of the custodial regime imposed on the author suffice to cure the problem of ex post facto application of a harsher release statute. And while the State argues that the author did not exhaust all available domestic remedies, the Committee has found to the contrary, see paragraph 6.1.
The counsel for the author did not specifically invoke article 15 (1) of the Covenant. But a penalty imposed in violation of that article is also "arbitrary" within the meaning of article 9. The measure of arbitrariness under article 9 is not bounded by the positive law of a State party, much less by a retrospective and onerous change in the laws governing the availability of parole. In addition, the Committee's disposition of this Communication should not be misread as showing any indifference to the more difficult issue of article 11 of the Covenant, which specifically forbids imprisonment "on the ground of inability to fulfil a contractual obligation". Though the Committee has little jurisprudence on the issue, the measures used in criminal cases to coerce the payment of restitution may, at some future date, be worthy of examination in light of the language of that provision, at least in a case where the matter has been properly elucidated. Indeed, the State party's own statute, which instructed parole authorities to take account of a bona fide declaration of insolvency, may have proceeded from the same concern.
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Recent Posts
Monthly Archives: September 2012
A Secret Back Door
When we first moved into our house, there was a giant overgrown bush blocking the back door to the garage and wrecking havoc on the door itself. So here it is in all it's ginormous glory: If you ducked and … Continue reading
Posted in House, Plants 2 Comments
Microprinting, part 3
As you've seen here and here, US currency has some pretty cool words/images hidden on it. I had two versions of the $5 and was pleasantly surprised to find that both of them had microprinting! Let's start with the previous … Continue reading
Microprinting, part 2
As promised, here's more of the hidden images found in our bills! Today, we'll be looking at the $20 and $10 bills. Here's the 20: Along the bottom of the bill are the words 'THE UNITED STATES OF AMERICA 20 … Continue reading
Posted in Macro 2 Comments
Microprinting, part 1
I was watching Psych a little while back when I came across an episode that involved counterfeit $100 bills. Over the course of the show, they mentioned microprinting, which got me curious. So I grabbed my macro lens and a … Continue reading
Posted in Macro 3 Comments
In Which My Basil Plant Goes to Seed
Literally! For the past week and a half, my basil plant has taken to drooping if it doesn't get watered daily. I'd come home from work and find it looking like this: How pathetic is that!? And then I … Continue reading
Posted in Macro, Plants Leave a comment
Blue Angels
Long time, no post. It seems work has gotten in the way of life. I kept telling myself I'd work on pictures tomorrow and suddenly here we are, a week later, and no pictures to show for it. Let's change … Continue reading
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subset: commoncrawl


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Gosh, after a 45 min session with PulsStep I am totally worn out! One of the hardest sessions I ever been on! Can't wait for tomorrow! Then its PulsStep all over again~
No I'm not an addict, okay. I skipped training yesterday, so I had to make up for it today, and then I'm continuing as usual tomorrow!
Now I'm going to take a hot shower, drink my night tea and head to bed~ G'Nite~
XXXXX ([]u[])/


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5511 W Hanover Avenue, Dallas, 75209
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All information is from sources believed to be reliable and is subject to change of price, rental, commission or other conditions, prior sale, lease or financing or withdrawal without notice. No representation is made as to the accuracy of any description. All measurements and square footage are approximate and all information should be confirmed by customer.


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Monday, April 6, 2015
Jeb Bush: Hispanic Voter?
Politicians seem to find the most innovative means of deception.
For one, it was claiming Native American heritage where none existed, while for another, someone must have "hacked into my account" and posted me as "Carlos Danger: sexting expert", while still another only had "one device" for a private server, with more than 30,000 deletions which "are gone" and can't be recalled.
Jeb Bush has found yet another means of deception:
He checked off a voter box in 2009 as "Hispanic", although, at last notice, he appeared to be born to two caucasian parents.
16 comments:
- C5H11ONO said...
"My mistake! Don't think I've fooled anyone!" Bush tweeted Monday morning.
Did he own up to it?
- April 6, 2015 at 5:36 PM
No biggie. Just an accidental mistake on Jeb Bushes part. He must have absent mindedly had his mind on his wife at the time. Makes sense. She's hispanic, isn't she?
- April 6, 2015 at 9:14 PM
- John Mc Gowan said...
Update: AJ Hadsell
Virginia family says cops 'doing nothing' to find missing girl
This is the expected of loved ones of a family member who is missing. I am though, a tad concerned of the lack of media engagement from AJs Mum.
The frustrated family of an 18-year-old college student missing for more than a month said it feels like police are "doing nothing" and wished police would communicate more on the case.
Anjelica "AJ" Hadsell's grandmother Katherine Hadsell told ABC News she wants the police to "give us more insight into what they're actually doing, because to us it seems like they're doing nothing."
The freshman at Longwood University in Farmville, Virginia, has been missing since March 2 and her father is currently in jail after he broke into a house when taking the investigation into his own hands.
Wesley Hadsell, 36, was arrested March 21 and charged with four counts of obstruction of justice and resisting arrest by threat of force, possession of ammunition by a convicted felon and breaking and entering.
- April 6, 2015 at 9:24 PM
Going back to the original "source" of the statement, here is a link to the actual voter registration application:
It is typewritten, not handwritten, and appears to have been computer generated. The signature block has been redacted so it is impossible to see whether it was actually signed by hand or was signed by typing the signature, the same way that income tax returns are efiled. The categories for "Hispanic" and for "White, not Hispanic" are next to each other. This looks like a fairly innocuous typographical error to me.
- April 6, 2015 at 11:30 PM
Looking at the rest of the form are there any other places you could argue printer alignment created errors or ambiguity?
- April 7, 2015 at 12:04 AM
Why is that question on the application anyway? What does it matter what the voters race is?
- April 7, 2015 at 9:18 AM
- Unknown said...
The wording of the correct column for "White, not Hispanic" is a little confusing, and it is right beside the "Hispanic" column, so it's plausible that he could think that he was checking the correct column, as the 'white' column DID have the word 'Hispanic' contained in it.
(On a related note, why do they need to designate that white is 'not Hispanic', and black is 'not Hispanic'....are people really this dense?)
My question is, who cares?
What does it matter what race he checked during his voter registration. His vote still counts the same. It's not like he falsely registered, by using a fictitious name, or received some sort of benefit based on claiming to be another race. I'm not sure about Florida, but I think you can decline to provide your race at all.
This seems pretty desperate to me, and I'm not a Jeb fan.
I'm baffled as to what this 'scandalous' revelation is supposed to prove.
- April 7, 2015 at 11:21 AM
- Unknown said...
- April 7, 2015 at 11:21 AM
- Tania Cadogan said...
off topic
Sex abuse claims against Prince Andrew will not be heard in a US civil court case after a judge ruled against their inclusion.
District Judge Kenneth Marra struck out the "lurid" allegations in a case involving the Duke of York's former friend Jeffrey Epstein.
Two women, identified as Jane Does No 3 and No 4, claim to be among dozens of women Epstein is said to have abused as teenagers at locations ranging from a Palm Beach mansion to a private Caribbean island.
One of them - Virginia Roberts (Jane Doe 3) - says she was used as a sex slave and forced to have sex with Andrew when she was 17.
However, Tuesday's ruling in Miami, Florida, puts an end to those allegations.
The two women had been trying to join a civil lawsuit filed by other alleged victims.
The case against the US government seeks to reopen a non-prosecution agreement Epstein reached with federal prosecutors.
The wealthy financier pleaded guilty to sex offences and served a 13-month jail sentence, but could have been given a much longer prison term if the Justice Department had brought charges.
Federal prosecutors opposed allowing the two women to join the lawsuit, which was filed in 2008, and District Judge Marra agreed.
He said their claims were "unnecessary" to the case, and had no bearing on its goal of reopening the Epstein non-prosecution agreement.
"The factual details regarding with whom and where the Jane Does engaged in sexual activities are immaterial and impertinent to this central claim," the judge wrote.
He ordered that the sex allegations against Andrew, 54, and well-known lawyer Alan Dershowitz be struck from the court record.
Both Prince Andrew and Mr Dershowitz vehemently deny any wrongdoing.
Mr Dershowitz told Sky News that Virginia Roberts made up sex abuse stories about him, and he is going to sue her and her lawyers for defamation.
Buckingham Palace has not issued a statement following the ruling.
A spokesperson referred Sky News to the Palace's previous statements, which said the allegations were "false and without foundation".
Brad Edwards, an attorney for the two women, said they could still participate in the case later and the sex allegations may surface again as evidence.
District Judge Marra did not rule on whether his clients' claims were true or false, or if they may be admissible in the future.
"We look forward to those later stages," Mr Edwards said.
If the Epstein non-prosecution agreement is reopened, he could face a new federal prosecution and the US government could be forced to pay the women damages.
Epstein has already reached out-of-court settlements with dozens of victims.
- April 7, 2015 at 3:01 PM
- John Mc Gowan said...
Judge Reduces Child Rapist's Sentence Because He 'Didn't Intend To Harm' The Toddler
An Orange County Superior Court judge knocked a child rapist's mandatory sentence of 25-years-to-life down to 10 years because the suspect "did not intend to harm" the toddler he assaulted.
It's a rare legal move that Judge M. Marc Kelly employed Friday on Kevin Jonas Rojano, 20, who was convicted on Dec. 3 of sodomizing a 3-year-old girl in his garage, according to the Orange County Register.
Rojano was playing video games in the garage of his Santa Ana, California home on June 4 last year when the victim wandered in. Rojano reportedly became sexually aroused by the child, whom he's related to, and pulled her pants down to sexually assault her. During the attack, the girl's mom was looking for her. Rojano continued to abuse her and held her mouth shut so her mom couldn't hear her call out, prosecutors say.
The girl later complained of pain, and her mother called police when she found injuries consistent with sexual assault.
He'd normally be punished the minimum sentence of 25 years to life in prison, but the judge called that sentence cruel and unusual punishment for a man who wasn't a "predator," according to KTLA.
The Register reports:
[Judge] Kelly agreed that under most circumstances the sentence would be appropriate.
"However, in looking at the facts of Mr. Rojano's case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case," Kelly said. "Mr. Rojano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her."
The defendant "almost immediately" stopped and "realized the wrongfulness of his act," Kelly said.
"Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child," Kelly said. "There was no violence or callous disregard for (the victim's) well-being."
Deputy District Attorney Whitney Bokosky disagrees with Kelly's decision and may appeal, according to LAist. She pointed to Rojano's attempt at quieting the girl as an important factor in the case, and noted that the assault continued even as the girl's mom searched at a neighbor's house.
- April 7, 2015 at 4:53 PM
- John Mc Gowan said...
Sir Cliff Richard waits at Barbados airport for friends... as pal says the veteran singer is 'distraught' following sex abuse claims
Sir Cliff Richard is enjoying time away from England this April, and if his friend Bonnie Lythgoe is to be believed, then there's a good reason why,
For the veteran singer's house was raided last August after sex abuse claims were made against him, and he his still under police investigation.
Sir Cliff cut a forlorn figure at Barbados airport shortly as he waited for his friends to arrive on a flight from America.
Scroll down for video
His friend, Bonnie Lythgoe, 65, said: 'I know Cliff well and I have just been with him on holiday, he's so distraught and so, so upset.
'Cliff has never seen this person. He doesn't know who this person is. That's the sadness of all of this. He will never know.'
Last year, Richard issued a statement vehemently denying any of the claims made against him.
I have never, in my life, assaulted anyone,' the singer said
'I have no idea where these absurd and untrue allegations come from. The police have not disclosed details to me. I have never, in my life, assaulted anyone and I remain confident that the truth will prevail.
'I have co-operated fully with the police and I will continue to do so.
'Beyond stating that the allegations are completely false it would not be appropriate for me to say anything further until the investigation has concluded, which I hope will be very soon.'
The initial allegation came from an alleged assault on a boy at an evangelical event in Sheffield, in 1985.
Sir Cliff has not been charged but an investigation continues into what the police describe as multiple accusations.
South Yorkshire Police Chief Constable David Crompton, said in a letter to chairman of the Commons Home Affairs Select Committee Keith Vaz last Februrary: 'This investigation has increased significantly in size since its inception.
'Sir Cliff Richard's lawyers are aware there is more than one allegation.
'Police are in very regular contact with Sir Cliff Richard's lawyers. Typically this involves a verbal update about once a fortnight. We have not written directly to Sir Cliff Richard.
Read more: http://www.dailymail.co.uk/tvshowbiz/article-3028901/Sir-Cliff-Richard-waits-Barbados-airport-friends-pal-says-veteran-singer-distraught-following-sex-abuse-claims.html#ixzz3WfCl4C7p
- April 7, 2015 at 6:09 PM
Hes a nonce.
- April 7, 2015 at 6:46 PM
- Apple said...
im on my fourth attempt at responding to that article, John. I give up. That is horrific.
- April 7, 2015 at 8:46 PM
White and black are racial categories while Hispanic is an ethnicity. So you can be White Hispanic or Black Hispanic. Hence the need to clarify White, non Hispanic on the form. They will probably change these categories at some point.
- April 8, 2015 at 1:48 AM
- John Mc Gowan said...
New charge for father of missing Norfolk teen
NORFOLK, Va. (WAVY) — The father of missing teenager Anjelica "AJ" Hadsell is now facing a misdemeanor charge of maiming or killing an animal.
- April 8, 2015 at 6:02 AM
- John Mc Gowan said...
this looks like it supports the distancing language "I" Vs "You" and "Your" you commented on from Hillary Clinton in her response to the Lewinsky affair will Bill Clinton.
Stunning tale came from White House domestic help who tended to the Clintons' every need during the 1990s
Book published today is based on more than 100 interviews with ordinary non-political staff who ran America's presidential mansion
One former head of the household staff said: They were about the most paranoid people I'd ever seen in my life'
Another staff member said he was fired after he helped former first lady Barbara Bush with her computer because Clintons feared he was gossiping
A third recalled listening as Bill and Hillary fought during the Monica Lewinsky saga, with Hillary once calling him a 'g*ddamn b*stard'
At the height of the sex scandal that saw Bill Clinton admitting he frolicked with intern Monica Lewinsky in the Oval Office, one White House maid was astonished to find the first couple's marital bed drenched in blood, according to Brower.
Explaining an injury, the president claimed publicly that he had 'hurt himself running into the bathroom door in the middle of the night.'
But one White House domestic told Brower that ('we're pretty sure') Hillary 'clocked him with a book.'
For at least three months in 1998, according to 'The Residence,' the leader of the free world 'slept on a sofa in a private study attached to their bedroom.'
'Most of the women on the residence staff thought he got what he deserved.'
And Brower;s research surfaced White House residence staffers who described how the first couple sometimes got into 'pitched battles' during their eight years in Washington, 'shocking staff with their vicious cursing.'
Payne once came upon two butlers listening to a particularly aggressive dispute through a doorway. He heard Mrs Clinton yell: 'g*ddamn b*stard,' he told Brower.
Hillary subsequently threw a 'heavy' object at him, in Brower's telling.
'The first lady's temper was notoriously short' during the early months of the scandal, according to the book.
Read more:
- April 8, 2015 at 9:51 AM


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One morning, back when Big Boy was about three and a half, I was getting him dressed. We got to his underwear and he spent a couple seconds looking at it. Then he asks me, "Why is the design on the back of my underwear and not on the front?"
Me: "I guess to make your bum look cute."
Him: "Maybe it should go on the front and make my penis look cute!"
We have a bunch of other penis stories too. My husband tells a hilarious one involving very loud talking about other people's penises in a locker room. Then there was the time that we took him to a very nice restaurant. The pianist (am I like 12 years old for chuckling to myself at the word "pianist?") comes over to our table to chat and says to him, "Ooh, that food looks yummy! Does your tummy feel good now?"
"Nope," he says, "just my penis."


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Full cheerleader experience. The kinky scenarios featuring petite girls getting fucked hard and having their tight fuck holes stretched out by huge cocks will be part of your spank bank for sure! She is built for a gang bang. You could say I was blessed. When he pulled out it flowed out of my mouth and the girls began to lick and eat it!
The naked girl moved to meet my cock as I tried to shove it deeper into her small vagina. It was my own dirty little private fantasy given our coach a blowjob, I masturbated thinking about it so many times. After all, the clerk got a big hard-on from watching the young girls flashing and he needs the blonde cheerleader to take care of it with a blowjob!
1 2 34 5 Read more →


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"Shi'i Islam has a greater tendency than Sunni Islam for innovative thought due to its embrace of reasoning and rationalism as a tool for interpreting the religious law," an expert on Shiite religious affairs told Arutz Sheva, who asked to remain anonymous. "Iran is of course Shi'i and the whole idea of an Islamic republic run by a supreme cleric was innovative in both Shi'ism and Islam in general."
Our expert is referring to Ayatollah Ruhollah Khomeini's innovative governing philosophy known in Arabic as waliyat'i faqih (velayat'i faqih for Persian speakers). The central tenet entrusts power to the most qualified, living Islamic legal authority of the times to act as a supreme guide for all Muslims. Khomeini envisioned the position as extending its authority throughout the Muslim world, though was pragmatic in practice and had a goal in his lifetime to lay the groundwork for greater Shiite influence by getting more Sunnis to accept the dominant Jafari branch of Shiite Islam as another legitimate school of Islamic thought parallel with the four main Sunni schools: Hanbali, Hanafi, Maliki and Shafi'i.
A major contrast between that Jafari School and the major Sunni ones is that Jafari jurisprudence is more dynamic. Broadly speaking, Shiite scholars tend to permit what is known as ijtihad, or jurisprudent reasoning, in a way that allows for interpretation of law on new, time-relevant issues. Contemporary Sunnis rely more often on existing precedent.
"Since its inception, there has been much change in the Islamic Republic in the political and cultural domains due to the need to run a country and resort to pragmatic considerations. In addition, over the past 35 years there has been a continuous competition between different factions in the Islamic Republic including conservatives, centrists and reformists over interpreting the ideals of the revolution."
When asked by Arutz Sheva if "pro-revolutionary" Iranians who support the religious government structure are advocating major reforms to it, our contact intimates that it is hard to distinguish 'reformers' from people who are bent on ultimately changing the structure of government.
"You cannot speak about pro-revolutionary elements in Iran since all factions claim to support the revolution. The difference between them is over interpreting Khomeini's original ideas."
Discourse is, however, dynamic. The late 1990s and early 2000s are considered a period when Iran was most open to reforms, with the election of Mohammed Khatami to the presidency in 1997. The period is also considered a failure though, as resistance to change stymied any promises or efforts Khatami and his allies might have made. Eventually, Mahmoud Ahmadinejad took office in 2005 and began a period of hardening Iranian positions, culminating in the 2009 crackdown on anti-election protests.
Ahmadinejad's election might have been the eventual result of Iranian elites' fear that a democratic Iraq would have influence on Iranians. Part of the reason Iran interfered so much with the Western nation-building effort in Iraq was to derail attempts at creating a successful democracy. But to blame the effort entirely on Iranian support for insurgencies would ignore Iraq's long history of authoritarianism and latent sectarianism.
Today, Tehran has immense pull on Baghdad. Going back to a time when Iraqi religious activists found shelter in Iran from the assassination orders of Saddam Hussein, Iran has cultivated relationships with Iraqi community leaders. Those leaders have found new fortune since the fall of Saddam.
"There are strong political and other connections between Iran and Iraq since the post-2003 invasion of the country. The idea of the US-led coalition was to establish a democracy in Iraq including a new constitution, political parties and free elections. This ideal suffered from many pitfalls as a result of the authoritarian political culture of the country, a sectarian policy and a dire security conditions."
Despite Iran's best efforts, there is still an ideological challenge to the Islamic Revolution. Asked if there was an undercurrent of opposition to waliyat'i faqih in Iran's clerical culture today, our expert said there certainly are people who would like to see change, but how pervasive that perspective might be is not quantifiable.
"There are some reformists who question the notion of waliyat'i faqih, particularly Abdolkarim Soroush."
While not a cleric, Soroush is a renowned religious philosopher who has advocated that for a change to the Islamic Republic fundamental structure that does not necessarily mean eliminating religion from the public sphere – i.e. political secularism. In his mind, it is still a matter that should be put to a public vote.
In advocating for a referendum in Iran on the country's system of government, Soroush has said, "In order for religion to survive and in order for believers to have faith freely and not by force, it seems to me that political secularism is a very commendable idea."
"The waliyat'i faqih theory is religious tyranny. A democratic system can't be brought about with this theory. And no one can exercise justice under the theory of waliyat'i faqih because, just as philosophers have said in the past, absolute power corrupts absolutely."


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The Southern
English muffin sandwich with ham, sunny side up egg, tomato relish & pimento cheese. Choice of crispy torn potatoes, cheese grits, fruit or side salad.
Weekday Breakfast and Lunch 8AM - 3PM
Snacks M-Sat 3PM - 5PM
Dinner M-Sat 5PM - 10PM
Weekend Brunch 8AM - 3PM
Served Weekdays 8AM - 3PM


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5 Best Dog Crates For Reliability And Comfort
Are you starting the house training adventure with your new pup? Or looking to upgrade your older dog's current digs? Whatever your reason for buying a new kennel, you've probably discovered that there is not exactly a lack of options out there. Today we'll tell you our top 5 picks of the best dog crates to save you some time.


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Erik Sing – Bittersweet Boy (ft. Maria Elena Little)
Erik Sing returns this week with a stunning electro-pop/trap treat featuring Maria Elena Little.
Erik Sing – 'My Back' (ft. Sully P)
Erik Sing has us covered with this great new track featuring Sully P.
Erik Sing – 'Barely Holding On' (ft. Sophia Hughes)
Erik Sing backs up the success of his recent debut single with another gorgeous release, this one featuring UK artist Sophia Hughes.
Erik Sing – 'Leave You Alone' (ft. Isabella Fortuna)
Prepare to be blown away by the debut single from Melbourne newcomer Erik Sing.
New Single by Kilian & Jo feat Erik Rapp – 'Suburbia'
This new track from Kilian & Jo and Erik Rapp is one of those collabs that was just meant to be


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Priore Barolo 2013, Cantine Provero
0 currently in basket
Red, Full Bodied, Classic Reds
A fine, expressive style with Barolo's classic combination of mature, lightly floral aromas with richness and structure. Dark plum, leather and delicate violet aromas, plus notes of woodsmoke and brown spice. A full, firm and ripe red with rich, powerful flavours. All balanced by ripe tannins, complex savoury notes and a long finish.


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House Flipping Tips
If you're planning to buy a new-construction home, budgeting can be simple. It's just like buying a home you actually plan to live in -- you need to cover the mortgage, insurance, taxes, real-estate agent and lawyer's fees, and that's about it. However, in a softening market, the supply of houses is much greater than demand, so you may own that property for longer than you plan to.
If you're working on a fixer-upper, the budget starts to grow when you consider the renovations you'll need to make. According to most experts, you should add 20 percent to your estimate for the final cost. If you overestimate, you get a surprise windfall -- but if you underestimate, you get stuck with unexpected bills.
Structural improvements -- like plumbing, electrical, insulation, pest control, and HVAC -- are typically the least sexy but most important improvements a flipper can make. New hardwood floors and coat of paint may get buyers in the door, but a termite problem can kill a deal quickly. If your technical skills are lacking here, you'll have to figure in the cost of labor, too (that includes the time and money lost if you're waiting on your brother-in-law to finish the electrical wiring).
Most real-estate agents advise fixing up the kitchen and bathrooms for the best return on your investment. In addition to the structural changes, this can include new cabinetry, counters, hardware, sinks, backsplashes, appliances, floors and lighting. Kitchen upgrades can be expensive, but they make a big impression (granite countertops and wine storage, for example). You could also decide to go green (see How Green Building Works), which can add value to the house when the improvements are marketed as money-savers. Obviously, you'll keep costs down if the house is in good structural shape and just needs updated paint and carpets -- but things can quickly get pricey, especially if you're using contractors and outside labor.
Another aspect to consider is curb appeal -- the outside of the house. You might need to paint, landscape and fix up the driveway, which adds to the budget. If you've bought in a pricey neighborhood, mowing the lawn and repairing the fence may not be enough -- there could be homeowners' association fees. In up-and-coming neighborhoods, you might have to budget for security measures.
So once you have your budget, you can choose your spot, which we'll discuss next.


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Flatbed UV LED Printer
Azon Matrix R uses Ricoh Gen5 printheads.
January 9, 2019
Big Picture
Azonprinter has released its Azon Matrix R flatbed UV LED printer with beds in various sizes: 31.5 x 63 in., 63 x 98.4 in., and 63 x 126 in. Using 4-color Ricoh Gen5 printheads, the Azon Matrix R images directly onto material such as ABS, polycarbonate, TPU, PVC, wood, stone, glass, canvas, ceramic, and aluminum, plus the machine offers printing on ADA/Braille 3D substrates and cylindrical objects. Features include Azon RIP software and flex, plus phthalate-free inks with EN 71-3 certification for safer printing.
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Yes, it's mind boggling to think it was 50 years ago. If you lived through it, the memories of that weekend are more vivid than almost any other.
As the nation reflects, here's a unique take on the Kennedy Legacy. Thanks to Carl Cannon of Real Politics for pointing us to this fresh and brief take on JFK and his impact on us today.Those of us who were young 50 years ago, may see a bit of ourselves in this.
See you down the trail.


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From £0.22
From £0.42
From £5.64
From £0.42Clear Spirals Perforated. Recycled plastic guards to protect young hedge plants and trees against
From £0.22Bamboo Canes - 90cms
From £5.64For healthy plants and trees, if you only do one thing, use Rootgrow when you plant them. Rootgrow
From £0.42
From £6.00
From £5.64
From £2.04
This mixed hedge pack is a bundle of 50 Stock Proof plants, suitable for containing cattle and horses. You can order the same plants individually from their respective pages, but you will save money on the same size plants by buying the hedge pack.
We will choose the plants that go into the hedge mix from the following list: we regret that we cannot accept requests for specific plants to be used in your pack. If you want to be certain of having a particular plant in your hedge mix, please order it separately.
Stock Friendly hedging mix is free from plants with long thorns, like blackthorn, that could scratch an animal's eye. The plants are all safe for farm animals to graze on, but overall the hedge will still be too thorny for most animals to eat. Like all newly planted hedging, it will need to protect it from the animals for the first few years.
If you are looking for our cheapest country hedging, have a look at our bundles of 250 small whips.
PLEASE NOTE: You will recall last summer was one of the hottest and driest for many years. One of the casualties of this weather was hawthorn growth and crops struggled to make the larger grades. So please note that although we show a size 60/80 cms, some plants may well be smaller than this. This will have no effect on future growth or hedge size as newly planted hawthorn (as with all native hedging) should be cut back by half immediately after planting anyway. The plants are strong and healthy and covered by our guarantee.
Stock Proof hedge packs are only delivered bareroot, during winter (November - March).
All our hedge plants are measured by their height in centimetres above the ground (the roots aren't measured).
See our selection of discounted hedging packs or view our full range of hedging plants.
Plant Stock Proof hedging at 3 plants per metre, 33cms apart.
You can also plant Stock Proof at 5 plants per metre in a staggered double row, with 33 cms between each plant along the row and 40cms between the rows. A double row is extra secure and should stop a bull or stallion from barging through.
Each pack of 50 plants will make 16.5 metres of single row hedge and 10 metres of double row hedge.


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Majenta Solutions is a successful British business with 4 UK offices, serving over 1200 customers throughout Europe, and consisting of some of the world leaders within the Automotive, Aerospace and AEC sectors.
With a team of over 70 experienced engineers, designers and consultants, we excel in helping our clients achieve profitable business outcomes through the implementation of best-in-class software and services. Our valued customers can design, test, document and manufacture better quality products, faster and at lower cost, gaining a competitive advantage by reaching their target market sooner. They achieve this through the use of world leading software, delivered by our team of focused and highly skilled industry specialists.
Our expertise derives from over 20 years of working within the manufacturing and engineering sectors. Our professional consultative approach, coupled with our knowledge and experience of industry leaders, allows us to work with each client as an individual case, and understand their needs and objectives in order to recommend and deliver the right solution for them. Customers can have confidence that our technical team will always deliver a fully working solution on-time and on budget.
"The guys from Majenta have become part of our team. They know what they need to do and they do it."
Chris Hinton
Senior Technical Specialist
University of Cambridge
"Of all the CAD specialists we spoke to, Majenta had the skills to help us turn things around."
David Wickett
Senior Project Manager
University of Cambridge
"We have had a close working relationship with Majenta for many years and fully rely on their knowledge, expertise and professionalism to support our busy CAD environment."
Jason Diggle
Application Support Analyst
Wartsila Water Systems Ltd
"Majenta have demonstrated real attention to detail, providing us with extremely thorough documentation and have been very easy to communicate with. This is all very refreshing!"
Rob Bohee
IT Manager
NES Limited
"Having used a multitude of different CAD software packages with a range of support services from different suppliers, I can honestly say that the software and support we have received from Majenta has been outstanding."
Mark Butler
Design Engineer
FTR Moto
"Majenta has supported us for many years, they have a positive approach to business, a great team and experience in the manufacturing sector that is second to none."
Russell Ward


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This makes a nice cold, refreshing sangria that won't make you sloppy like MadMen's Roger Sterling after a 3-Martini lunch, since it is low in alcohol. This white sangria tastes like a crisp, tart lemonade, but much less sweet. To make your own little pitcher of Summer, start by chilling a bottle of a bottle of cheap, fairly sweet Riesling or any other tasty cheap, fruity and crisp white that you like. Melt a healthy […]Continue readingMore Tag
Category: Recipes
Perfectly Cooked Bacon and Eggs (with a Wine Pairing)
There are few better ways to start the morning than with bacon and eggs. Unfortunately, more often than not, cooking bacon can be a messy chore. Grease splatters all over your stove and it is a rare bacon aficionado without the scars of the pig on their hands, wrists, and forearms. Add in the fact that cooking bacon in a pan requires a lot of vigilance. There is a way around the mess and the […]Continue readingMore Tag
Be a Home Superstar Chef (Part 7 – Pork Chops)
This is part 7 of our on-going Home Superstar Chef series. The previous posts in this series were Part 1 – Good Pans, Part 2 – Shallots, Part 3 – Pine Nuts, Part 4 – Knives, and Part 5 – High Heat Cooking, Part 6 – Restaurant Supply Houses. This entry will deal with pork chops. I am sure many of you are thinking, "Pork chops? Really? Pork chops will make me a superstar in […]Continue readingMore Tag
"Bloggerships" Available for Needy Winos!
Winos and twitterati Winebratsf, Sonadora, Catie, Brixchick_liza, DrXeno and WBC King Pin Joel Vincent have set up a WBC Scholarship website and have encouraged anyone who needs a little extra help getting to the WBC09 this July 24-26 to apply.Continue readingMore Tag
Weekend Round-up – Around the Food and Wine Blogs
There have been so many great posts about food and wine around these Interwebs lately that I felt like sharing some. I hope that you enjoy these as much as I did. I have not had the time to visit DrinkPlanner lately, which is a shame because I missed his Guide to Drinking Cheap. This is like Kingsley Amis on bum wine. Love this site! Check out this beautiful image Alder posted at Vinography of […]Continue readingMore Tag
Aegean Braised Fish with White Beans and Potatoes
This is a delicious Mediterranean style meal cooked in one pan. The olives give this an amazing flavor and aroma. We paired this with an Alexana Dundee Hills Willamette Valley 2007 Pinot Gris, and it went very well with it. Here is the recipe: Ingredients: About 20-30 baby redskin potatoes, or fewer if larger and halved 1 thinly sliced large sweet onion 1 cup pitted kalamata olives 5 cloves thinly sliced garlic 1 1/2 cup […]Continue readingMore Tag
Don't Spill Burgundy on My Brassiere – Part Deux
According to the Travel Industry Association, 17 percent of American leisure travelers, or 27.3 million people, have engaged in culinary or wine-related activities while traveling. That would include us, and probably you. And it most definitely includes my friend Kristi.Continue readingMore Tag
Wine Pairing Recipes: Wild Salmon & Mussels
Almond Encrusted Salmon with Blood-Orange Vinaigrette; fresh Gulf Coast Mussels with a shallot Muscadet reduction, and a spinach-chevre salad. The blood-orange vinaigrette brought out a zesty orange-peel citrus in the wine, that combined well with its notes of floral and citrus. The menu was such a perfect pairing to the wine, we thought we would publish the recipes, so you could try them as well!Continue readingMore Tag
Another Wine Byte 8: Any Port in the Storm
Once home, we began unpacking various wine club shipments that had arrived in our absence. Joe's mom noticed a bottle of port, and asked "What do you do with port?" Joe pointed to the 10 lb. bar ofGuittard chocolate he got me for Valentine's Day, and we proceeded to open a bottle of Frog's Tooth Tawny Portoad, we picked up in Murphys during our fabulous visit to Twisted Oak Winery. All for the sake of teaching Joe's mom a little about port, and chocolate, of course.Continue readingMore Tag


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Portable Cart
Built for Q 1000/2000 series gas grills
Image for capacity demonstration purposes only.
Actual product model and features may vary.
Grill beyond your patio. The Portable Cart is designed to make grilling on-the-go as easy as flipping a burger. Place your Q grill onto the cart and use it as a stationary stand that sits at the optimal grilling height. When ready to take your grilling adventures on the road, simply fold it down and roll it to your car or straight to the beach.
Fits: Weber® Q 1000/2000 series grills
Part #6557
Free Shipping & Returns on Weber.com Orders $50+
Free Standard Ground shipping on small parcels and grills <70 lbs. via FedEx, with delivery within 5-8 business days, expedited options available. Free 30 day returns. Shipping Information & Return Policy
- Out Of Carton Dimensions: Raised (Excludes Grill)
- 25"H x 21"W x 28.2"D
- Out Of Carton Dimensions: Collapsed (Excludes Grill)
- 6.5"H x 29.7"W x 28.2"D
- Individual Carton Dimensions
- 36.3"H x 4.5"W x 22.3"D
- Fits
- Weber® Q 1000/2000 series grills
Grill attaches to cart and locks in place
Folds down while grill is attached for easy portability
Built-in wire transport handle
Image for capacity demonstration purposes only.
Actual product model and features may vary.
Portable Cart is rated out of 5 by 42.
Rated 5 out of 5 by easygriller from Great Cart-Owned it for years ! I bought this cart for my original "Q" gas grill when there was only one version! I have replaced the grates but nothing else! The cart has been terrific! It's just the right height and I do not find that it is poorly made or that it wobbles! I can store two 20lb. gas tanks underneath if need be. One in use and one as a spare, as I use the special adapter for the large tanks for the "Q" grill! I use the "Q" cover and keep every one protected from rain and snow on the deck. Could not ask for more until I move to and apartment, then the cart cover and side tables go with me to join an electric Weber to become an E-griller!
Date published: 2018-08-15
Rated 2 out of 5 by Damion from Great concept, poor execution I bought this cart to go with my Q2200. I have always loved Weber and their high quality products. This is NOT one of them. I like the ability to break it down with the grill locked into place. Easy to tote around and lift back into upright position as well. The problem is when it is extended and being used on flat level ground, the cart is so flimsy. It sways side to side and front to back when scrubbing the grates or flipping burgers etc. It feels so cheaply made and feels like it may just crumble under the weight of the grill itself. It is top heavy with the grill on it and I will be searching for an alternative.
Date published: 2019-10-02
Rated 1 out of 5 by Michael987 from Very Disappointing! Weber should have known better when releasing this product. It is wobbly, weak, does not hold the grill as securely as needed and does not match the strongly built look and feel of the rest of their products. It does not feel like it will last very long. A much stronger solution is needed to provide reliable and confident towing across terrains and using when standing still. I will use an alternative towing solution and have no problem using the grill on the ground or a picnic table.
Date published: 2018-07-08
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Q Cart


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L&T's Specialized Construction Methods and Planning Cell (SCMPC) complement the operation of MMH's projects by providing value added solutions for critical and complex civil construction and heavy lift erection and related works. SCMPC focuses on the implementation of cost effective construction methods and aims at systemizing, automating and mechanizing the elaborate processes by incorporating the latest trends in construction technology.
Some of the major innovations and initiatives implemented include modularization of erection, mobile formwork for continuous casting and mechanized construction methods.
With the prime focus on safety, this cell develops a flawless and construction-friendly approach for handling critical facilities by maximizing yard works and minimizing field works. With a strong fleet of heavy lift cranes ranging from 150 tons to 750 tons, this cell has executed many jobs. Super heavy elements (up to 3000 t) are lifted through specially built towers and strand jack systems together with heavy skidding facility.
L&T nurtures strategic alliances with world leaders to expand its capabilities and remain at the cutting edge of change. L&T's project specific strategic alliances with the leading global technologists are a part of its business-line
L&T's robust engineering set-up has a unique blend of experienced and young engineers across various disciplines for project management along with a huge fleet of sophisticated plant and machinery to execute projects to the highest standards
EDRC - the Engineering Development and Research Centres (EDRC) located in Chennai and Kolkata with its multi-disciplinary team of engineers, sophisticated software and hardware provides value-added integrated engineering services
L&T's manufacturing and fabrication units at Kansbahal (Odisha) and Kancheepuram (Tamil Nadu) are well equipped with world class facilities for high end manufacturing and fabrication. These units design, manufacture, supply equipment
An integrated project management approach contributes significantly to L&T's project operation efficiency and sustain overall business growth trajectory. L&T is one of the first companies to implement the Enterprise Resource
Quality management at L&T begins with a company-wide drive to improve customer satisfaction by supporting the customers' business goals. Effective processes are developed for everything from research, development and product implementation


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I have made a few changes to the sales pages at all 4 of the $7 service sites to include the new video sales pages all the time.
I tested them and they are converting about 30% better than the original text heavy sales pages which is great news for anyone promoting them as an affiliate.
The sales pages now feature the videos with a headline and sub headline then a few key points but overall they are a lot smaller and look smarter too.
Sales videos seems to be the way to go nowadays with so much stuff on the internet, people just dont want to read much anymore (Are you still here and reading?).
Remember the 7 Dollar Sites pay a cool 50% commission on sales and we pay all commissions every Friday by mass pay with just a $10 minimum for payout and a 14 day hold period on sales.
Lets have a little look at one of the sales videos..
You can view all the other sales videos on either the sites sales pages or on my You Tube channel here
While you're there why not subscribe to my channel and be notified of other videos that I add.


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Firefighter prayer gift plaques do a remarkable job of combining faith and fancy. The message is strong and spiritual, but the plaque itself is still elegant and beautiful, which allows the firefighter being honored to feel special and singled out. Personalized fire fighter prayer gifts are such tender tokens of appreciation. The person on the receiving end of that kindness will want to display the keepsake for years to come, and that's where DIY Awards comes in.
A leader in custom crystal firefighter prayers plaques, DIY Awards pieces have been designed with painstaking care. Each line of the trophy, each element of detail is thoughtful and purposeful. And the plaques are made of the finest, 100 percent optical crystal, so you don't have to worry about your message eroding or your words fading. Best yet, deep etch engraving is included in the price.
If you aren't sure how to settle on best gifts for firefighters, investing in a beautiful firefighter prayer gift plaque is the simplest, classiest way to go. And we've got everything you need to create that perfect, custom firefighter gift.


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Hello and Welcome to our Kids Deserve the Best Blog. The purpose of the our KDTB Blog page is to keep you informed of what we are doing, any news and special events, or just general things which you may find of interest. Sarah will be updating regularly, and we hope to have useful articles from some of the local companies which Kids Deserve the Best are working with.
I hope you will find these updates useful and maybe some might make you smile.
If you would like to write an article to be included on our website please do contact us, we would love to hear from you [email protected]
Thank you Janine for explaining the work you do at Birth & Baby Basics and for the sharing of information in your Birth & Baby Network. A very approachable and helpful lady.
March and April madness now over, let's Spring into May and hope for some sunshine


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"You cannot be a Christian without living like a Christian," he said. "You cannot be a Christian without practicing the Beatitudes. You cannot be a Christian without doing what Jesus teaches us in Matthew 25." This is a reference to Christ's injunction to help the needy by such works of mercy as feeding the hungry, clothing the naked and welcoming the stranger.
"It's hypocrisy to call yourself a Christian and chase away a refugee or someone seeking help, someone who is hungry or thirsty, toss out someone who is in need of my help," he said. "If I say I am Christian, but do these things, I'm a hypocrite."
from Facebook http://ift.tt/2eF7xVJ
via IFTTT


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Balenciaga Classic Large Lambskin City Tote Bag (Varied Colors)
Julianne Moore, Kendall Jenner and Rooney Mara have all been spotted with Balenciaga"s "Classic City" tote – proof that it works no matter what your age or personal style.
This version has been crafted in Italy from supple and glossy textured-leather and will easily fit your essentials plus a water bottle or tablet.
It has whipstitched top handles, Gold "Giant" studs and a tasseled zip pull.
– This item"s measurements are:
Depth 14cm/ 5.51 in
Handle Drop 10cm
Height 25cm/ 9.84 in
Max. Strap Length 66cm
Width 38cm/ 14.9 in
– Black textured-leather (Lamb)
– Two-way zip fastening along top
– Weighs approximately 2.6lbs/ 1.2kg
– Made in Italy
100% Genuine Leather Matching Quality of an Original Balenciaga Production (imported from Europe). Comes with dust bag, authentication cards, shopping gift bag, and pamphlets. Counter Quality Replica (Mirror Image Replica)
You will receive item exactly as advertised. These pictures belong to our Manufacturer.