Jurist

US appeals court revives Abu Ghraib torture suit

The US Court of Appeals for the Fourth Circuit ruled (PDF) Oct. 21 that former detainees at the Abu Ghraib prison may continue their torture lawsuit against civilian military contractors. Four former prisoners allege that they were subjected to various forms of torture at the hands of CACI Premier Technology  contractors. The case had previously been dismissed under the "political question doctrine," but the court held the doctrine does not prevent the judiciary from deciding the case.

Iraq bans alcoholic beverages

The Iraq Parliament approved a law "Forbidding the import, manufacture and sale of all kinds of alcohol drinks." Until this time, alcohol has been made readily available in shops, bars, restaurant and hotels in Baghdad and some of the provinces; it was not unusual for young people in Baghdad to be observed drinking. Lawmaker and head of the parliament's legal panel, Mahmoud al-Hassan, stated that the law was necessary to preserve Iraq's identity as a Muslim country. Al-Hassan belongs to the Shi'ite majority, a conservative section of Iraq's population, which has dominated the parliament since the US invasion of the country in 2003.

Ex-Gitmo detainee in Uruguay ends hunger strike

Abu Wa'el Dhiab [AKA Jihad Diyab], a Syrian former Guantánamo Bay detainee, on Oct. 22 ended his 68-day hunger strike. Dhiab was among a number of former detainees who were resettled in Uruguay in an effort to close down the detention center. He began a hunger strike in an effort to be unified with friends and family. As he was a suspected terrorist he was denied the right to return to his homeland due to fear of a security risk. His support group Vigilia por Diyab announced the end of his hunger strike due to an agreement that will allow him to resettle in an undisclosed third country in order to allow him to reunite with family.

Conviction of bin Laden assistant upheld

A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:

France: court allows closure of migrant camp

An administrative court in Lille, France, on Oct. 18 rejected requests from almost a dozen aid groups and permitted the closure process of the "Jungle" migrant camp near Calais to continue. President François Hollande  has promised closure of the camp as pressure for such a result grows while the April election approaches, and Interior Minister Bernard Cazeneuve stated that the demolition project is only days away. The groups were seeking postponement of the closure in order to better organize relocation of the migrants, but the court determined that the closure seeks to prevent inhuman treatment that migrants are currently subjected to at the camp. While another concern was the transport of unaccompanied minors, the transfers are to be done pursuant to the Dublin Regulations, which in part governs family reunification.

Australia using Nauru as 'open-air prison'

Australia is using the island of Nauru as an "open-air prison," putting refugees and asylum seekers through an abusive processing system as a means to prevent immigration, according to a report (PDF) released by Amnesty International Oct. 17. The report charges that Australia has ignored the 1951 Refugee Convention (PDF) by subjecting asylum seekers and refugees to "egregious abuses," essentially trapping them on the remote island. The report includes dozens of interviews with refugees, documenting claims of mental health issues, suicide attempts and attacks at the hands of Nauru citizens. It describes inadequate and often "deeply humiliating and traumatizing" medical treatment, and abuses carried out against children, including physical abuse from staff contracted by Australia, and the denial of their right to education. The report calls upon the Australian government to ensure the safety and well-being of refugees, and increase access to existing migration programs.

Emir of Kuwait dissolves parliament

The Emir of Kuwait, Sheikh Sabah al-Ahmad al-Sabah, issued a decree to dissolve the parliament on Oct. 16. The decision was made due to "mounting security challenges as well as volatile regional developments." As of late, tension has been rising between the government and parliament, as parliament members sought to question government leaders regarding a decision to increase petrol prices and other alleged financial and administrative violations. Kuwait has been under increasing pressure as global oil prices have dropped, forcing the country to cut back on numerous subsidies, causing civil unrest. In addition, Kuwait has faced threats of attack by ISIS.

African women protest at Mt. Kilimanjaro

Women from various African countries gathered at the foot of Mt. Kilimanjaro in Tanzania to demand land rights Oct. 15, during observations of International Day of Rural Women. The protest, dubbed the "Women to Kilimanjaro Initiative," is an attempt to bring attention to denial of land rights and other unequal treatment women face across various economic sectors. [Organizers noted that women are particularly vulnerable to land-grabbing in countries where rural families often lack legal title to their lands, and are less likely to receive just compensation for lost lands. A small delegation of women even climbed the peak itself—an elevation of nearly 6,000 meters above sea level—in a symbolic statement of their determination.] Under the social media campaign #Women2Kilimanjaro, the women called on governments to enforce laws and policies that promote land rights and gender justice. The women also circulated a petition that will be delivered to regional leaders in the coming days.

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