Jurist
France poses anti-terror constitutional amendment
French President Francois Hollande on Dec. 23 submitted a proposed constitutional amendment to parliament to address anti-terrorism laws in response to the terrorist attacks in Paris in November. It is reported that the proposed amendments would allow the government to strip the nationality of natural born citizens convicted of terrorist acts and extend emergency policing policies. The current emergency policing policies allow for officers to conduct warrantless searches and conduct house arrests. The French Parliament is set to vote on the proposed amendments in the beginning of the next year.
China: prominent rights lawyer released
Prominent Chinese human rights lawyer Pu Zhiqiang has been released after receiving a suspended sentence on Dec. 22. Zhiqiang was indicted in May on charges of fanning ethnic hatred and provoking trouble for comments that he posted online. He stood trial on Dec. 14 after more than 19 months in detention. He was sentenced to three years in prison, but all three years have been suspended. The verdict will not take effect for 10 days, during which time he will be under residential surveillance. The guilty verdict disqualifies Pu from practicing law and forces him to follow certain restrictions for a three-year period or risk imprisonment.
Rwanda votes to extend presidential term limits
Approximately six million Rwandans on Dec. 19 approved a referendum by a vote of 98% to amend Article 101 of the Rwanda constitution which states the president may only serve two seven-year terms. The referendum will allow President Paul Kagame (official profile) to serve another seven-year term beginning in 2017 and then two more five-year terms. Kagame has served as president since 2003. Last month, the Rwandan Senate unanimously approved the referendum following approval from Rwanda's lower house of parliament in October. Also in October, Rwanda's Supreme Court agreed to hear a case challenging the constitutionality of the referendum, but this did not stop the vote from moving ahead.
Nigerian farmers can sue Shell in Netherlands
The Hague Court of Appeals ruled Dec. 18 that Royal Dutch Shell can be sued in a Dutch court for their involvement in oil spills in Nigeria. The ruling stems from a suit brought by four Nigerian farmers that claimed Shell and its Nigerian subsidiaries were responsible for oil leaks leading to their lands being damaged. In a statement explaining their reasoning for their decision, the Court of Appeals said, "It cannot be established in advance that the parent company is not liable for possible negligence of the Nigerian operating company."
Colombia: colonel exonerated in 'disappearances'
Colombia's Supreme Court exonerated a retired army colonel on Dec. 16 who had been found guilty of the forced disappearances of two people he escorted away from the 1985 Palace of Justice siege, ordering the colonel's immediate release. Luis Alfonso Plazas Vega was detained after a prosecutor re-opened investigations into disappearances related to the siege in 2006 and has spent the last eight years in custody. Originally charged with forcibly disappearing 11 people, he was convicted by Bogotá's Superior Court for two of the alleged disappearances and sentenced to 30 years in prison. The Supreme Court reversed that conviction with a 5-3 vote, finding there was not enough evidence to convict Plazas Vega and stating they did not find witnesses credible. The court assured that the decision came after prolonged deliberating and analyzing all of the evidence, and that this decision does not bar future investigations into disappearances after the siege.
Ecuador: lawmakers end presidential term limits
Ecuador's National Assembly on Dec. 3 passed a constitutional amendment lifting presidential term limits, beginning in 2021. The 16 constitutional amendments were approved in a vote of 100-8 in a legislature where sitting President Rafael Correa's political party, Alianza Pais, has a two-thirds majority. Though Correa, who has been president since 2007 and will finish his second term in 2017, has said that he will not participate in the next election in 2017, he will be eligible to run again in 2021 under the new amendment. The vote has caused protests, some violent, against the amendments by demonstrators who believe that the vote represents a power-grab by Correa. They wanted the National Assembly to either not vote on the proposal or to put it to a popular vote, as was done in Bolivia earlier this year. While congressman Luis Fernando Torres called the vote constitutional fraud, Correa tweeted on the matter to contend that he will continue to govern with "total democratic legitimacy."
Thousands detained without charge in Libya
Human Rights Watch (HRW) said Dec. 2 that thousands of people, including children, are being arbitrarily detained in Libya. The report highlights torture and other forms of ill-treatment in four prisons in Tripoli and Misrata, which were personally visited by HRW representatives. The report is based upon interviews conducted by HRW with 120 detainees, none of whom have been charged with a crime or granted the opportunity to appear before a judge. According to HRW, the detainees provided "credible and consistent" accounts of mistreatment. HRW representatives saw signs of mistreatment such as beatings on the soles of the feet with plastic pipe, electrical cable, chains, sticks, fists, and even horsewhips; suspension from doors or ceilings for hours; electrical shocks; and solitary confinement. Stating that "Prolonged detention without judicial reviews is a grave violation of international law and may amount to a crime against humanity," HRW urged the UN Security Council to increase pressure on Libya to order the immediate release of all those who have been wrongfully detained. HRW has also called upon the International Criminal Court prosecutor, Fatou Bensouda, to open an investigation into arbitrary detentions in Libya.
Spain strikes down Catalan independence plan
The Constitutional Court of Spain on Dec. 2 declared unconstitutional (PDF) a resolution by the Parliament of Catalonia that proposed a plan for the region's independence from Spain by 2017. The resolution was approved by Catalonian lawmakers in November, and stated that parliament would take the "necessary steps" to effect the separation from Spain in a peaceful and democratic manner and in a way that would empower citizens. The court held that the resolution violated Articles 1.1, 1.2 , 2, 9.1 and 168 of the Constitution and Articles 1 and 2.4 of the Statute of Autonomy of Catalonia. The resolution states that the separation of Catalonia from Spain is not subject to the decisions of the Constitutional Court.

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