Chapter 450: Trial of Japanese Fishermen
PS: After today's 10,000-word update, Gorgeous will give you an explanation.
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At about eight o'clock the next day, when the two sides started the second round of dialogue in peace talks, outside a large building that had been renovated in Bagua City, a Somali flag was slowly raised, and a huge Somali national emblem was engraved on the top of the building's gate.
Two standing African black spotted leopards, with a coat of arms on their forelimbs, form the basic pattern of the Somali coat of arms. The shield is in the colors and design of the national flag. The upper part of the coat of arms is depicted with the crown of a Somali king, which symbolizes independence and sovereignty. The image of the African leopard is the embodiment of courage and strength. The crossed spear at the lower end of the coat of arms reflects the determination of the Somali people not to resort to force to defend the country's sovereignty.
Below the national emblem, a neat row of relief texts explains the role of this building very well. The text relief is divided into two rows, the top is carved out of Somali, and the bottom is a smaller Chinese script, and the text on both reliefs has the same meaning - Somali People's Supreme Court.
Before the court, down the thirteen staircases of the main gate, there is a circular road, surrounded by flowers and fountains in the middle of two large shining characters - the law.
As soon as 8 o'clock arrived, the well-built Supreme Court of Somalia ushered in its first trial of cases, and at the same time, it also ushered in the opening of the first door.
Immediately after the end of the war, the Somali government announced that it would hear cases of illegal intrusion into Somali sovereign waters by foreign fishing vessels in the Somali Supreme Court, and that it would invite a notary public to supervise it. Journalists can also be present to monitor and record the proceedings of the case, both Somali citizens and foreign tourists. You can also apply to participate in the public hearing.
The first trial is scheduled to begin at 9 o'clock this morning. At that time, the defendant, that is, the country where the fishermen were caught, can send a team of lawyers to defend the fishermen in their own country, and if they do not send a lawyer, the defendant can also defend himself to a lawyer of the Supreme Court of Somalia, but the defendant will have to pay the lawyer's fees.
Rather than the peace talks, which have not yet made the slightest progress, journalists would rather come here to watch the Somali court hear and see if Somalia can withstand the pressure in the face of so many countries. The fishermen were sentenced for illegally entering the territorial waters of Somalia for fishing.
This is the first time that Somalia has exercised national criminal jurisdiction, which as the name suggests, means that the criminal law of a country has the effect on people and land, because it is a matter of national sovereignty. Normally, most countries will make explicit provisions on this. In order to strengthen sovereignty, most countries will provide for universal jurisdiction and protective jurisdiction in addition to the principle of territoriality or personae.
Somalia has done so, and the countries where the fishermen are located have not found a normal reason to refute it. First, the 12 nautical miles of Somalia belong to Somalia's inherent waters; Second, the place of arrest in Somalia was within the territorial waters of Somalia; Third, the Somali Navy has arrested fishermen; Fourth, the process of these foreign fishermen being caught can be said to be both human and stolen.
Whether analysed in terms of territoriality, personality or protection, Somalia complies with these most basic general jurisprudence of criminal law jurisdiction.
In doing so, Somalia is fully in line with the conventions of International Law and the Law of Maritime Interests. If these fishing vessels were twelve nautical miles away from Somalia, the essence of the matter would be completely different, because outside the territorial waters, at best, the exclusive economic zone of Somalia. Foreign fishermen come in and fish illegally, which, although not in accordance with the law, will not be so serious in nature. But if you enter the territorial waters of another country. is guilty of trespass.
And because of the Somali piracy problem, many of the fishing boats are the same as the Japanese Nimi Maru. It was more or less equipped with guns and weapons that would have been used for self-defence, which gave Somalia more of a grip. It can be regarded as illegal aggression. Because twelve nautical miles are inviolable in international traffic, it is the core of a country's territory.
In the past, Somalia was a semi-colonial country, and the coast became a "shipping lane" for "imperialism"; after independence, the Somali people were the masters of their own affairs, but foreign ships were still rampaging on the ocean, and foreign fishing boats were fishing wantonly in Somali waters, and Somali fishing boats were repeatedly caught abroad, which did not reflect the sovereignty of Somalia's maritime sovereignty at all. The content of the Hague Accord has always been a null and void because Somalia has no capacity to maintain it.
Now that Somalia has the ability to perfect its sovereignty, Li Lan also wants to make an example of the monkeys, especially with the help of the impact of this war, his idea is very simple, everything must maximize the benefits.
Therefore, this is the seemingly hurried trial work today.
The construction of the Supreme Court of the Somali People's Court was also specially funded by Li Lan, and it should be pruned a little more magnificently; although he is not a formalist, he cannot be sloppy in dealing with issues related to the face of the country. After all, a beautiful courtroom and a tattered courtroom feel completely different.
The laws of Somalia have been perfected and revised all along, and when they were just starting out, Li Lan slowly perfected them from the simplest rules to laws, just so that they could become one of the standards for the improvement of the national system as soon as possible.
This is the first trial of a case since the new Somali government took office, and it is also the first time that the new Somali government has tried a case on the issue of sovereign territory. So, within the Tribunal, Somali State Television is ready to broadcast live and will broadcast the trial live. Journalists invited from abroad can also broadcast live in silence if they wish, that is, after the trial, the reporters must be quiet, but the cameras can broadcast the hearing live with pictures and sounds.
In this case, as many people speculated, the fishermen did not send a lawyer from their home country, and most of the fishermen did not hire a lawyer themselves. Perhaps, in their opinion, the lawyer who applied for the application is also you Somali, and it is better not to spend this unjust money.
As for the families of the fishermen. Except for one or two families who came, there was no intention of going to Somalia.
The opening of the trial has not been postponed because of these factors. In this case, the Somali government is the plaintiff and the fishermen are brought to court in turn. Naturally, the plaintiff has a lawyer. As for the plaintiff, they can only resign themselves to fate. At the very least, the current Somali regime is no longer something that any country can interfere with if it wants. Even if Russian fishermen are caught, Putin will have to think carefully about whether it is worth interfering.
Like many Somali citizens, Li Lan sat quietly at home and watched the live broadcast of the trial.
He is quite satisfied with the scene he made, and the political significance of this trial is greater than any other significance, which is a signal he once again conveyed to the outside world. Countries that can understand what he means will probably take action as soon as the peace talks are over.
As soon as nine o'clock arrived, the television screen had already shifted to a large hall, with almost the same furnishings as a large courtroom, with a trial seat, a deputy trial seat, a jury seat, and a defendant's seat. The plaintiff's bench also has a jury seat, etc., the only difference is that the size of the space in the trial hall is different.
At the moment, in the courtroom. The observers have been in place in turn, and cameras have been set up around the guardrails to take care of the case. Write it down in detail.
When the time was up, the presiding judge and others came in one by one. Because Somalia had used Italian law for some time, Italian law had many similarities with Commonwealth law. Therefore, the court officers are all dressed in suits that are close to the West.
The presiding judge of this trial was a Somali man in his 50s, who had served as the presiding judge of the Somaliland Supreme Court, and because of his personal ability and character and rich experience, he was awarded the title of presiding judge of the Somali People's Supreme Court by Li Lan.
The sentencing that the defendant will be sentenced to is entirely up to him.
Prior to this, the Somali government had already promulgated the country's first complete law, and under the premise of the law, he would not mess around. However, he also received Li Lan's instructions that he should be given strict sentencing to those people and who should be given lenient sentences, and he already had a plan in his heart.
With the completion of the pre-trial preparations, the trial officially began under the presiding judge's hammer. The following procedure is basically the same after the defendant and the plaintiff enter the venue. The public prosecutor reads out the indictment, the defendant's and victim's statements, interrogates the defendant and the plaintiff in the attached civil lawsuit, questions witnesses and evaluators, presents physical evidence, reads out the appraisal conclusions and relevant records, collects new evidence, and investigates and verifies evidence in court.
After the last emphasis on court discipline was completed, the defendants in the first trial today were officially brought in.
Handcuffed and accompanied by bailiffs, at the forefront was Jotaro Sugimoto, the captain of the Japanese Nibumaru fishing boat, followed by dozens of fishermen under his command, all of whom lined up in a neat line and walked in one by one. Standing in the dock in a row, a row of twelve people, a full five rows.
Jotaro Sugimoto stood on the far right of the first row, and at the moment, like dozens of other Japanese fishermen, looked very healthy, but his spirit was not very good. And before the trial, everyone is now specially tidying up their bodies for a living, cutting their hair, shaving their beards, and so on. Aside from the prison uniform on his body, he didn't look much different from before he was caught.
At this time, they all knew that today was likely to be the moment to decide their fate. Because the final conviction may be completed in one breath today, and the trial will be made directly.
Like fishermen in many other countries, Jotaro Sugimoto did not hire a lawyer to defend him, and the Japanese government sat at the Somali negotiating table and had no time to take care of them. This makes everyone very helpless in their hearts, and they are not the navy, the Myoko can leave, but they can't.
During the four days of the trial, a translation of Somali law was distributed in prison, which clearly stipulates the trial and sentencing of foreign persons who illegally trespass on sovereignty.
According to the Somali law, they have this crime called a serious crime of unlawful assault, and there are many other crimes, and Jotaro Sugimoto, as the captain of the ship, is the main offender, and he is also the principal and the main messenger. The sentence is not light.
The four-day wait was definitely tormenting, and when they didn't get any news from China, they began to despair in their hearts.
As in many national courts, after the trial begins, the accused begins to stand up and give evidence on the merits of the case.
As the plaintiff's lawyer was counseled by a career lawyer in the Somali government's national legal department, Krenbis, who stood up and said, "Your Excellency Judge......
Krenbis was one of Farah's classmates, both of whom had studied in London, and because they were both Somalis, they were very close to each other. While in London, Farah chose business administration, while Crenbis chose political science. When Farah followed Li Lan, Krenbis was introduced to Li Lan by him, and has always been a professional legal professional in Li Lan's group. He also won Li Lan's trust, and now he is the chief legal adviser of the Somali government, and many of the Somali laws have been sorted out by him.
Today, as a plaintiff lawyer on the part of the Somali government, his actions also represent the image of the Somali regime. Therefore, he must not make mistakes in the procedures of the various laws, otherwise he will lose the image that is not his personal image, but the image of the new Somali regime.
After the normal legal procedure, Crumbis changed the topic to his duties, "On the XX day of the 20XX year, in the waters of Somalia at the XX latitude of the west longitude and the XX north latitude, the Japanese fishing vessel Fugui Maru was discovered by our fishermen when it illegally invaded the territorial waters of our country to carry out illegal extermination fishing operations...... At a time when our fishermen made representations demanding that Fukimaru leave the waters of Somalia, the advanced countries showed their barbaric and inhumane style of the third generation of the Lujie countries, and a 5,000-ton fishing boat actually carried out a barbaric collision with a fishing boat of only a few hundred tons in China. The situation was extremely bad at that time, and if it had not been for the timely evasion of the fishermen on our fishing boats, it is very likely that today's defendant would not have been an attempted murder, but a murder. ”
Under the narration of Crumbis, the projector on the side also began to display the plaintiff's evidence in turn.
In fact, about this ship collision incident, the whole world is also very aware of it, as soon as the video appeared, it was also boiling for a while, and today, this kind of occasion has been raised again, which will be used as the biggest basis for conviction.
At the time of Crumbis's telling, there was already speculation about what kind of crimes these Japanese fishermen would have betrayed, and what kind of criminal punishment would they have accepted, especially the protagonist of Jotaro Sugimoto, whether it would be life imprisonment or a direct death penalty? (To be continued......)