Trial in absentia in the context of "Ayman al-Zawahiri"

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⭐ Core Definition: Trial in absentia

Trial in absentia is a criminal proceeding in a court of law in which the person being tried is not present. In absentia is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system.

In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice, audi alteram partem (hear the other party).

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Trial in absentia in the context of Debtors' prison

A debtors' prison is a prison for people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe. Destitute people who were unable to pay a court-ordered judgment would be incarcerated in these prisons until they had worked off their debt via labour or secured outside funds to pay the balance. The product of their labour went towards both the costs of their incarceration and their accrued debt. Increasing access and lenience throughout the history of bankruptcy law have made prison terms for unaggravated indigence obsolete over most of the world.

Since the late 20th century, the term debtors' prison has also sometimes been applied by critics to criminal justice systems in which a court can sentence someone to prison over willfully unpaid criminal fees, usually following the order of a judge. For example, in some jurisdictions within the United States, people can be held in contempt of court and jailed after willful non-payment of child support, garnishments, confiscations, fines, or back taxes. Additionally, though properly served civil duties over private debts in nations such as the United States will merely result in a default judgment being rendered in absentia if the defendant willfully declines to appear by law, a substantial number of indigent debtors are legally incarcerated for the crime of failing to appear at civil debt proceedings as ordered by a judge. In this case, the crime is not indigence, but disobeying the judge's order to appear before the court. Critics argue that the "willful" terminology is subject to individual mens rea determination by a judge, rather than statute, and that since this presents the potential for judges to incarcerate legitimately indigent individuals, it amounts to a de facto "debtors' prison" system.

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Trial in absentia in the context of Thomas Paine

Thomas Paine (born Thomas Pain, February 9, 1737 [O.S. January 29, 1736] – June 8, 1809; /ˈtɒməs ˈpn/) was an English-born American Founding Father, French Revolutionary, inventor, political philosopher, and statesman. His pamphlets Common Sense (1776) and The American Crisis (1776–1783) framed the Patriot argument for independence from Great Britain at the outset of the American Revolution. Paine advanced Enlightenment-era arguments for human rights that shaped revolutionary discourse on both sides of the Atlantic.

Born in Thetford, Norfolk, Paine immigrated to the British American colonies in 1774 with the help of Benjamin Franklin, arriving in time to participate in the American Revolution. Virtually every American Patriot read his 47-page pamphlet Common Sense, which catalyzed the call for independence from Great Britain. He followed that breakthrough with the pro-independence American Crisis pamphlet series. Paine returned to Britain in 1787 and wrote Rights of Man (1791) to rebut critics of the French Revolution, particularly the Anglo-Irish conservative writer Edmund Burke. His authorship of the tract led to a trial and conviction in absentia in England in 1792 for the crime of seditious libel.

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Trial in absentia in the context of Igor Girkin

Igor Vsevolodovich Girkin (Russian: И́горь Все́володович Ги́ркин, IPA: [ˈiɡərʲ ˈfsʲevələdəvʲɪdʑ ˈɡʲirkʲɪn]; born 17 December 1970), also known by the alias Igor Ivanovich Strelkov (Russian: И́горь Ива́нович Стрелко́в, IPA: [ˈiɡərʲ ɪˈvanəvʲɪtɕ strʲɪlˈkof]), is a Russian army veteran and former Federal Security Service (FSB) officer who played a key role in the Russian annexation of Crimea, and then in the Donbas War as an organizer of militant groups in the Donetsk People's Republic (DPR). In 2024 he was convicted on charges of inciting extremism. Earlier he received a life sentence in absentia in the Netherlands for his role in downing the Malaysia Airlines Flight 17.

Girkin admitted responsibility for sparking the Donbas War in eastern Ukraine when, in April 2014, he led a group of armed Russian militants who seized Sloviansk. His role in the siege gained him influence and attention, and he was appointed to the position of Minister of Defense in the Donetsk People's Republic, a puppet state of Russia. Girkin was charged with terrorism by Ukrainian authorities. He has also been sanctioned by the European Union, United States, United Kingdom, Australia, Japan, Canada and Switzerland for his leading role in the war in eastern Ukraine.

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Trial in absentia in the context of Khalifa Haftar

Khalifa Haftar (Arabic: خليفة حفتر, romanizedḴalīfa Ḥaftar; born 7 November 1943) is a Libyan-American politician, military officer, and the commander of the Tobruk-based Libyan National Army (LNA). In 2015, he was appointed commander of the armed forces loyal to the elected legislative body, the Libyan House of Representatives. He has been the de facto ruler of the eastern part of Libya since 2017, governing the region as a military dictatorship under the LNA.

Haftar was born in Ajdabiya. He served in the Libyan Army under Muammar Gaddafi, and took part in the coup that brought Gaddafi to power in 1969. He participated in the Libyan contingent against Israel in the Yom Kippur War of 1973. Haftar then participated in the Chadian-Libyan war (1978–1987), becoming promoted to Chief officer of the Libyan military in Chad in 1986 until he was captured by Chadian forces in 1987 and held as a prisoner of war, which was seen as a major embarrassment for Gaddafi and represented a major blow to Gaddafi's ambitions in Chad. While being held prisoner, he and his fellow officers formed a group hoping to overthrow Gaddafi. He was released around 1990 in a deal with the United States government and spent nearly two decades living in the U.S. in Langley, Virginia, and gained U.S. citizenship. In 1993, while living in the United States, he was convicted in absentia in Libya, of crimes against the Great Socialist People's Libyan Arab Jamahiriya, and sentenced to death.

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Trial in absentia in the context of Ante Pavelić

Ante Pavelić (Croatian: [ǎːnte pǎʋelit͡ɕ] ; 14 July 1889 – 28 December 1959) was a Croatian politician who founded and headed the fascist ultranationalist organization known as the Ustaše in 1929 and was dictator of the Independent State of Croatia (NDH), a fascist puppet state built out of parts of occupied Yugoslavia by the authorities of Nazi Germany and Fascist Italy, from 1941 to 1945. Pavelić and the Ustaše persecuted many racial minorities and political opponents in the NDH during the war, including Serbs, Jews, Romani, and anti-fascists, becoming one of the key figures of the genocide of Serbs, the Porajmos and the Holocaust in the NDH.

At the start of his career, Pavelić was a lawyer and a politician of the Croatian Party of Rights in the Kingdom of Yugoslavia known for his nationalist beliefs and support for an independent Croatia. By the end of the 1920s, his political activity became more radical as he called on Croats to revolt against Yugoslavia, and schemed an Italian protectorate of Croatia separate from Yugoslavia. After King Alexander I declared his 6 January Dictatorship in 1929 and banned all political parties, Pavelić went abroad and plotted with the Internal Macedonian Revolutionary Organization (IMRO) to undermine the Yugoslav state, which prompted the Yugoslav authorities to try him in absentia and sentence him to death. In the meantime, Pavelić had moved to Fascist Italy where he founded the Ustaše, a Croatian nationalist movement with the goal of creating an independent Croatia by any means, including the use of terror. Pavelić incorporated terrorist actions in the Ustaše program, such as train bombings and assassinations, staged a small uprising in Lika in 1932, culminating in the assassination of King Alexander in 1934 in conjunction with the IMRO. Pavelić was once again sentenced to death after being tried in France in absentia and, under international pressure, the Italians imprisoned him for 18 months, and largely obstructed the Ustaše in the following period.

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Trial in absentia in the context of Marcel Déat

Marcel Déat (French pronunciation: [maʁsɛl dea]; 7 March 1894 – 5 January 1955) was a French politician. Initially a socialist and a member of the French Section of the Workers' International (SFIO), he led a breakaway group of right-wing Neosocialists out of the SFIO in 1933. During the occupation of France by Nazi Germany, he founded the collaborationist National Popular Rally (RNP). In 1944, he became Minister of Labour and National Solidarity in Pierre Laval's government in Vichy, before escaping to the Sigmaringen enclave along with Vichy officials after the Allied landings in Normandy. Condemned in absentia for collaborationism, he died while still in hiding in Italy.

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Trial in absentia in the context of Cham Albanian collaboration with the Axis

During the Axis occupation of Greece between 1941 and 1944 parts of the Cham Albanian minority (Albanian: Çamë, Greek: Τσάμηδες, Tsámides) in the Thesprotia prefecture, northwestern Greece, collaborated with the occupation forces. Fascist Italian as well as Nazi German propaganda promised that the region would be awarded to Albania (then in personal union with Italy) after the end of the war. As a result of this pro-Albanian approach, many Muslim Chams actively supported the Axis operations and committed a number of crimes against the local population both in Greece and Albania. Apart from the formation of a local administration and armed security battalions, a paramilitary organization named Këshilla and a resistance paramilitary group called Balli Kombetar Cam were operating in the region, manned by local Muslim Chams. The results were devastating: many Greek and Albanian citizens lost their lives and a great number of villages were burned and destroyed. It appears that the Mufti and many beys did not approve of the Cham helping the Wehrmacht to burn Greek villages. With the retreat of the Axis forces from Greece in 1944, most of the Cham population fled to Albania and revenge attacks against the remaining Chams were carried out by Greek guerrillas and villagers. When the war ended, special courts on collaboration sentenced 2,106 Chams to death in absentia. However, the war crimes remained unpunished since the criminals had already fled abroad. According to German historian Norbert Frei, the Muslim Cham minority is regarded as the "fourth occupation force" in Greece due to the collaborationist and criminal activities that large parts of the minority committed.

According to the Lieutenant Colonel Palmer of the British Military Mission in Albania, 2,000–3,000 collaborated in an organized manner, while a report of Pan-Epirotic EAM-Commission names 3,200 Cham collaborators from the Dino clan. Although not everyone in the community actively collaborated, historiography agrees that the Cham minority completely accepted the Axis occupation and benefited from the presence of occupation troops by providing them with guides, connections, informants and other forms of support. Mainly due to their collaboration in World War II the Chams later became a controversial if not suspect community for the leaders of the People's Republic of Albania (1945-1991).

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Trial in absentia in the context of January 2015 Île-de-France attacks

From 7 to 9 January 2015, terrorist attacks occurred across the Île-de-France region, particularly in Paris and most prominently at the offices of the magazine Charlie Hebdo. Three assailants killed a total of 17 people in 3 shooting attacks; the attackers were then killed by police. The attacks also wounded 22 others. Al-Qaeda in the Arabian Peninsula (AQAP) claimed responsibility and said that the coordinated attacks had been planned for years. The claim of responsibility for the Charlie Hebdo shooting came in a video showing AQAP commander Nasser bin Ali al-Ansi, with gunmen in the background who were later identified as brothers Chérif and Saïd Kouachi, perpetrators of the Charlie Hebdo shooting. However, while authorities say the video is authentic, there is no proof that AQAP helped to carry out the attacks. Amedy Coulibaly, who carried out the Montrouge shooting and the Hypercacher kosher supermarket siege, claimed that he belonged to ISIS before he was killed.

On 16 December 2020, 14 people, including Coulibaly's accomplice Hayat Boumeddiene, were convicted of involvement in the Île-de-France attacks. Boumeddiene, who was tried in absentia with 2 other defendants, was given a 30-year prison sentence for financing terrorism and belonging to a criminal terrorist network.

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Trial in absentia in the context of Hypercacher kosher supermarket siege

On 9 January 2015, Amedy Coulibaly, armed with a submachine gun, an assault rifle, and two Tokarev pistols, entered and attacked a Hypercacher kosher supermarket in Porte de Vincennes in Paris, France. There, Coulibaly murdered four Jewish hostages and held fifteen other hostages during a siege in which he demanded that the perpetrators of the Charlie Hebdo shooting, the Kouachi brothers, not be harmed. The siege ended when police stormed the supermarket, killing Coulibaly. The Charlie Hebdo shooting had taken place just days earlier, as did the Dammartin-en-Goële hostage crisis, in which the two Charlie Hebdo gunmen were cornered.

On 16 December 2020, 14 accomplices to both the Jewish supermarket attack and the Charlie Hebdo shooting, including Coulibaly's former partner Hayat Boumeddiene, were convicted. At that time, three of the accomplices, including Bouddiene, had not been captured and were tried in absentia.

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