(ij) Burden of proof

Burden of proof in corruption cases

The burden of proof was on the claimant.

The burden of proof lies upon the people.

Substantive issues Failure to exhaust domestic remedies burden of proof

Thus, the author had not failed to discharge the required burden of proof.

In the case of differential treatment, the burden of proof was on the employer.

The shared burden of proof is not applied in administrative and criminal court proceedings.

Instead, the corporation was content to argue the issue on burden of proof only.

When you go before the Pardon Board, the burden of proof is with you.

And here, I must remind you, the burden of proof is on the prosecution.

The issue of burden and standards of proof is not touched upon by article 12.

It also welcomes the bill reversing the burden of proof in civil cases in favour of victims of racial discrimination.

It makes the existing national equal opportunities legislation more effective by eliminating obstacles relating to the burden of proof.

The burden of proof lay with the prosecution, and it was not for the defendants to prove their innocence.

That in turn would shift the burden of proof that a unilateral obligation existed on to the author State.

If a certificate was issued, and the certificate was appropriate and valid, the burden of proof might be shifted.

Consequently, the appellant has failed to discharge the burden of proof and therefore the relevant ground of annulment is dismissed .

Moreover, the burden of proof on the timeliness and sufficient specification of the notice of non conformity lies with the buyer.

(i) Investigation, detection and burden of proof in evidence gathering are not gender biased and do not overburden the victim

Moreover, it was pointed out that draft principle 4 had not fully achieved the objective of reducing the victim's burden of proof.

This new provision implements EC directive 97 80 EC regarding the burden of proof in cases of sex discrimination in Dutch legislation.

Once a person has established an allegation of discrimination the burden of proof shifts to the person who is suspected of discriminatory activities.

It concluded that the author did not discharge the required burden of proof for the discriminatory nature of his treatment by the CBC.

For purposes of admissibility, the burden of proof is said to have been discharged, as the authors have made prima facie substantiated allegations.

In the case of Greece, the Commission followed the same criterion and held that the burden of proof rested with the respondent Government.

The Bill implementing the European directive on the burden of proof in cases of gender based discrimination came into effect on 1 January 2001.

In the Chinese legal system there is reportedly no presumption of innocence and the burden of proof is said to be on the accused.

5.2 The authors submit that they sufficiently substantiated their claims, for purposes of admissibility, thereby reversing the burden of proof, in accordance with Committee jurisprudence .

At the international level, the burden of proof lay with the State bringing the claim on behalf of its national and not with the latter.

It shifts the burden of proof to the party accused of discrimination, thus strengthening the position, in civil law proceedings, of the person making the allegation.

It is submitted that in view of the evidence, the burden of proof now lies with the State to refute that article 6 has been breached.

Suddenly, the burden of proof for legal versus illegal falls affirmatively on us and on the services that might be offering us any new capabilities.

Article 96 of the Act provides for the reversal of the burden of proof in proceedings where reasonable indications of discrimination on the basis of sex are found.

According to Iraq, a model that only predicts damage or injury is not sufficient to discharge the burden of proof required for compensation from the Commission.

The draft principle needed to consider ways of lessening the duty of the victim to establish causation by, for example, shifting the burden of proof or lowering it.

For instance, a special rule for the distribution of the burden of proof was incorporated into the Equal Treatment (Men and Women) Act as of 1 January 2001.

Topics dealt with were admissibility of illegally obtained evidence the reception of confessions in criminal trials the privilege against self incrimination the burden of proof and evidence of system.

6.3 The State party argues that it is clear that the authors mainly seek to challenge before the Committee a question of burden of proof in Canadian law.

This would in practice lead to a very heavy burden of proof, especially in the field of mutual assistance when the offence has just been discovered and, by ordinary experience, it seems to be linked to organized crime but no such proof is available.

The issue is complicated by the Hudood Laws, provisions of which place the burden of proof on the female who alleges that she has been sexually molested or raped.

That would involve a general strengthening of anti money laundering legislation, which might include consideration by Governments of reversing the traditional burden of proof and placing it upon the violators.

He claims that Bangladeshis are looked upon with suspicion by the Swedish authorities and that the burden of proof is higher than that for any other asylum seekers.

That the revised draft policy shifted the burden of proof for broad community support from the borrowing Government to the staff and management of the Bank, was a significant development.

The burden of proof is being turned upside down, since it will be for the victim to demonstrate that the injury suffered was not a reasonable consequence of the conflict.