Jurist

Six Gitmo detainees transferred to Uruguay

The US Department of Defense (DoD) on Dec. 8 announced the transfer of six detainees from the Guantánamo Bay detention center to Uruguay. This move is the result of a 2009 Executive Order issued by President Obama instructing the Guantánamo Bay Review Force to review these cases. The decision to transfer the detainees was unanimous amongst all parties constituting the inter-agency task force (PDF): the DoD, Department of Justice, State Department, Department of Homeland Security, Office of the Director of National Intelligence and Joint Chiefs of Staff. The six detainees are Ahmed Adnan Ahjam, Ali Hussain Shaabaan, Omar Mahmoud Faraj, Jihad Diyab, Abdul Bin Mohammed Abis Ourgy and Mohammed Tahanmatan. The men comprise four Syrians, a Tunisian and a Palestinian, and they will be granted refugee status by the Uruguayan government. Secretary of Defense Chuck Hagel informed Congress of the US' intent to transfer and its accordance with statutory requirement. After this transfer, there will be 136 detainees left at Guantánamo Bay.

ICC drops charges against Kenyan president

International Criminal Court (ICC) prosecutor Fatou Bensouda dropped the charges of murder, rape, persecution, deportation, and other inhumane acts against Kenyan President Uhuru Muigai Kenyatta on Dec. 5. This action comes after an ICC trial chamber order that required the prosecutor to either withdraw the charges or show sufficient evidence to proceed to trial. The prosecutor's office ceased action for lack of evidentiary support which was identified by Bensouda as a consequence of the Kenyan government's refusal to cooperate and failure to provide important records of Kenyatta's activities. ICC judges have not made a formal declaration of non-cooperation by the government, but they have expressed that the government's interaction with the investigation did not comport to the standards of good faith set out under the ICC's founding treaty.

Bangladesh: tribunal convicts UK journalist

A special tribunal in Bangladesh on Dec. 2 found British journalist David Bergman guilty of contempt for challenging the official death toll of Bangladesh's 1971 independence war with Pakistan. Bergman wrote in a 2011 blog post and two other articles that the number of those killed or raped during the war recorded by Bangladeshi officials lacked evidentiary support. According to officials, three million people were killed during the conflict. As a result of the judgment, in which the court stated that the journalist offended the nation, Bergman will have to pay a fine equal to $65. If he fails to do so, he will face a week in jail.

Egypt: court sentences 188 to death

An Egyptian criminal court on Dec. 2 sentenced 188 Muslim Brotherhood supporters to death for an August 2013 attack on a police station in the governate of Giza, widely known as the "Kerdasa massacre." This incident resulted in the death of 11 police officers and two civilians and was staged in response to a military coup that ousted Mohammed Morsi, Egypt's first democratically elected president. The death sentences imposed by special circuit court Judge Nagi Shehata are considered provisional, meaning that they will be sent to highest religious authority for his advice on whether the orders should stand. Shehata set a January 24 court date to finalize the sentences. 143 of the 188 defendants are currently in custody, while those not yet in custody will receive a retrial. Rights groups including Human Rights Watch and Amnesty International condemned the mass death sentences.

Nigeria: demand war crimes investigation

Access to Justice (A2Justice) and eight other civil rights groups brought an action against Nigerian President Goodluck Jonathan before the Federal High Court in Abuja Dec. 1 with the goal of forcing an investigation into alleged war crimes committed by members of the Nigerian military and the state-sponsored militias, the Civilian Joint Task Force (CJTF). The rights groups have sought permission from the court to file a mandamus action under Order 34 Rule 3(1) and (2) of the Federal High Court (Civil Procedure) Rules 2009 (PDF). If granted, the order would require the Nigerian government to investigate allegations of war crimes and human rights violations committed by CJTF in northeastern Nigeria. The push for an investigation was sparked by a report from Amnesty International accusing the Nigerian military and the CJTF of war crimes during the ongoing campaign against Boko Haram.

ICC upholds Lubanga conviction

The International Criminal Court (ICC) on Dec. 1 upheld the conviction and sentence of former Democratic Republic of Congo (DRC) militia leader Thomas Lubanga Dyilo. Lubanga was convicted in March 2012 for the war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. He received a 14-year prison sentence from the ICC. Lubanga's lawyers were seeking to have the conviction and the sentence replaced with an acquittal. Lubanga has spent the past eight years in prison, all of which count towards the 14-year total. He will serve out the remainder of the sentence in one of the ICC's 122 member states and will be eligible for early release next year.

UN committee against torture criticizes US

The UN Committee Against Torture has urged the US (PDF) to begin prompt, impartial investigations into all cases of police brutality and excessive use of force by police officers, and to limit the use of electrical discharge weapons. The committee expressed concern over the use of force against people of "certain racial and ethnic groups, immigrants and LGBT individuals, racial profiling by police and immigration offices and growing militarization of policing activities." The committee especially cited reports that the Chicago Police Department has harassed, racially profiled and used excessive force on African American and Latino youths. In particular, the report "expresses its deep concern at the frequent and recurrent police shootings or fatal pursuits of unarmed black individuals."

Egypt: court dismisses case against Mubarak

A Egyptian court on Nov. 29 dropped charges against former president Hosni Mubarakdismissing the case. Judge Mahmoud Kamel al-Rashidi, who read the decisiom for the three-panel court, stated that charges should have never been brought. Critics alleged that the postponed ruling is a political one, but Rashidi denies that the decision had anything to do with politics and encouraged critics to read the court's reasoning. Mubarak, his former security chief Habib al-Adly and six former government aides were being retried on charges of corruption and complicity in the killing of more than 100 protesters during the country's 2011 uprising. The charges against Mubarak's government aides were also dropped. The court's decision may be appealed.

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