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高等法院裁定:禁止德拉姆克里橙带党游行属合法Ban on Drumcree Orange Order parade was lawful, High Court rules

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禁止德雷默斯橙党游行合法,高等法院裁定北爱尔兰事务大臣禁止德雷默斯橙党游行的决定是合法的,高等法院法官已就此作出裁定。

Ban on Drumcree Orange Order parade was lawful, High Court rules The Northern Ireland secretary's decision to ban the Drumcree Orange Order parade was lawful, a High Court judge has concluded.

今年早些时候,北爱尔兰事务大臣克里斯·布莱恩爵士表示,在戈尔韦路(Garvaghy Road)的橙党民族主义者与当地民族主义居民对峙近两周后,他将禁止该游行。

Sir Chris Bryant earlier this month said he would ban the parade after a standoff between Orangemen and nationalist residents of the Garvaghy Road in Portadown, County Armagh, lasted almost two weeks.

游行原定于9月27日在德雷默斯教堂(Drumcree Church)开始。这将是近30年来首次沿以民族主义为主的戈尔韦路游行。然而,大量居民在深夜时分封锁了路线。

The Parades Commission had said the march, set to begin at Drumcree Church, could go ahead on 27 September. It would have been the first time it had been down the mainly nationalist Garvaghy Road in almost 30 years. However, a large number of residents blocked the route late into the night.

在北爱尔兰警察局长乔恩·博特切尔(Jon Boutcher)介入后,橙党一名成员就布莱恩爵士的干预及其角色申请司法审查。

After Sir Chris stepped in, a member of the Orange Order sought a judicial review into his intervention and the role of PSNI Chief Constable Jon Boutcher.

周三上午,首席法官斯科菲尔德(Mr Justice Scoffield)认定布莱恩爵士的决定是合法的。

On Wednesday morning, Mr Justice Scoffield found the decision by Sir Chris was lawful.

“国务大臣的决定是合法的,且在赋予他的裁量权范围内,尽管在它所出现的这种情况下这样做令人深感遗憾。”他说。

"The secretary of state's decision was lawful and within the margin of discretion properly afforded to him, although it was highly regrettable it was required in the circumstances in which it arose," he said.

首席法官斯科菲尔德继续说道,反对游行者“不应对本案的结果抱有任何特别的喜悦”。

Mr Justice Scoffield went on to say those opposed to the parade "should take no particular joy in the outcome of this case".

他补充道:“国务大臣的决定是合法的,但目前已达到的立场给北爱尔兰人民带来了巨大的代价,在财务上、通过警察资源的转移,以及在社区关系方面都是如此。令人沮丧的是,所审议事项中严重且广泛的骚乱威胁始终挥之不去。”首席法官斯科菲尔德还提及了针对涉嫌违反游行委员会(Parades Commission)决定的持续 police 调查。

He added: "The secretary of state's decision was lawful but the position which has now been reached has been brought about at very significant cost to the people of Northern Ireland, financially, through the diversion of police resources and in terms of community relations. "Depressingly the threat of serious and widespread disorder has loomed large in the matters under consideration." Mr Justice Scoffield also referred to the ongoing police investigation into alleged breaches of the Parades Commission determination.

第一任部长米歇尔·奥尼尔(Michelle O'Neill)以及众多新芬党(Sinn Fein)和“先有民”(People Before Profit)代表,均已接受警方在该调查中的自愿询问。法官强调,《欧洲人权公约》第11条保护和平集会的自由权利。

First Minister Michelle O'Neill is among a host of Sinn Fein and People Before Profit representatives who have attended voluntary interviews with police in that probe. The judge highlighted that Article 11 of the European Convention on Human Rights protects the right to freedom of peaceful assembly.

他说:“无论一个人的身份地位或信念多么坚定,法律都不是只在你赞同它、或赞同某一法律程序的结果时才适用。在本案的情形下,这是法院有权指出、并且在我看来有义务指出的一点。”

"Whatever one's standing or strength of conviction, the law does not apply only when you agree with it or with the outcome of a particular legal process. That is one thing which the court is both entitled and in my view duty-bound to point out in the circumstances of this case," he said.

“这对我们社会这场辩论中的各方都是一个教训——至少对某些人而言,社会仍沿传统断层线深度分裂,而此类分歧只会强化、而非削弱对法治的尊重,以及对我国民主制度为解决根深蒂固的争端而设立的法律机制所作裁决的尊重。”

"It is a lesson for those on all sides of the debate in our society which at least for some remains deeply divided along traditional fault lines, such divisions enhance rather than undermine the need for respect both for the rule of law and for the decisions of the legal mechanisms established in our democracy to resolve deep-seated disputes."

他最后表示:“我驳回这项司法审查的实质性申请,因此申请人的诉求被驳回。”预计将针对这一裁决提起上诉。

He concluded: "I refuse the substantive application for judicial review, the applicant's claim therefore is dismissed." An appeal is expected to be lodged against the decision.

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