Jurist

Egypt: retrial for police in protester deaths

Egypt's Court of Cassation on Jan. 22 ordered a retrial for four police officers facing accusations of involuntary manslaughter relating to the deaths of 37 prisoners  in a van outside the Abu Zaabal prison in 2013. The prisoners, arrested days before during protests in support of former president Mohamed Morsi, were being transported from the Nasser City police station to the Abu Zaabal prison on Aug. 18, 2013, when the officers in question allegedly fired tear gas into an overcrowded police van. The gas caused 37 of the 45 prisoners within the van to die from suffocation. A series of conflicting early reports asserted that the detainees were attempting to escape, or being freed by an armed group. In March one of the officers, Lt. Col. Amr Farouk, was sentenced to 10 years in prison for involuntary manslaughter and extreme negligence. The other three officers, Ibrahim El-Morsi, Islam Abdel-Fattah and Mohamed Abdel-Aziz, were given suspended sentences. In June, those sentences were overturned by a lower appeals court. The coming retrial will be the final trial for the officers, as Egyptian law only permits two appeals.

Argentina: president charged in terror cover-up

An Argentine federal prosecutor on Jan. 14 accused the country's president, Cristina Fernández de Kirchner, of complicity in covering up Iran's involvement in a 1994 terrorist attack. The bombing of the Argentinine Jewish Mutual Association is said to have been one of the country's worst attacks, resulting in 85 deaths. The prosecutor, Alberto Nisman, requested that Judge Ariel Lijo interrogate the president and the foreign minister for "being authors and accomplices of an aggravated cover-up and obstruction of justice regarding the Iranians accused of the Amia terrorist attack," and seizing 200 million pesos worth of assets. The prosecutor cited phone tap recordings that show how the current administration negotiated with the Iranian government to cover up Iranian officials involvement in return for the establishment of a trade of grain for oil that would ameliorate Argentina's energy deficit.

Demand Mauritania release anti-slavery activists

Amnesty International called Jan. 15 for the release of three anti-slavery activists who were imprisoned in Mauritania. One of the imprisoned activists is prominent opposition politician Biram Ould Dah Ould Abeid, who was the runner-up in last June's presidential elections. The former presidential candidate is also the president of the Initiative for the Resurgence of the Abolitionist Movement (IRA) and won a UN Human Rights Prize in 2013. The three activists were given two-year sentences after being convicted of membership of an unrecognized organization and of taking part in an unauthorized assembly. The court acquitted seven other activists. Protesters outside the courthouse demonstrating against the judgment were dispersed by police with batons and tear gas. The IRA members that were arrested were engaged in a peaceful campaign to raise awareness about land rights for people of slave descent. Slave descendants who work on the land do not have any rights and must give a portion of their crops to their traditional masters. Police broke up the peaceful IRA meeting due to the absence of documents authorizing the group to meet, despite the fact that the IRA had requested the documents. AI called the sentence "politically motivated."

Senate bill to halt release of Gitmo inmates

A group of US senators on Jan. 13 proposed legislation (PDF) that would place a moratorium on the release or transfer of prisoners from Guantánamo Bay. Republican Senators Kelly Ayotte (NH), John McCain (AZ), Lindsey Graham (SC) and Richard Burr (NC) touted  the new bill as the best course of action to protect US national security. The act, titled "The Detaining Terrorists to Protect America Act of 2015," would halt all releases of Guantánamo detainees with high or medium risk ratings, issue more prohibitions ontransfers and provide more transparency on how detainees' risk levels are determined. Ayotte stated, "It's clear that we need a 'time out' so that we do not re-confront the terrorists that we had captured and are currently in Guantánamo." The new legislation will place pressure on the White House as the Obama administration released 28 prisoners from Guantánamo in 2014.

Guatemala postpones ex-dictator's genocide retrial

The retrial of former Guatemalan dictator Efrain Rios Montt on charges of genocide and crimes against humanity was delayed on Jan. 5. Two of the three judges on the panel accepted the defense's motion that the third judge, Judge Jeannette Valdez, should recuse herself from the trial on the grounds that she is biased because she wrote her master's thesis on genocide. Rios Montt is being tried for ordering military operations that led to the torture, rape and murder of 1,771 indigenous Ixil Mayan between 1982 and 1983, part of Guatemala's bloody 1960-1996 civil war. Rios Montt was convicted on these charges in 2013 and sentenced to 80 years in prison, but 10 days later his sentence was overturned by the Constitutional Court on procedural grounds and a retrial was ordered.

Human rights lawyer imprisoned in Tajikistan

A court in Tajikistan on Jan. 13 sentenced Sukhrat Kudratov, an award-winning human rights lawyer, to nine years in prison for bribery and fraud. Kudratov, who was named human rights defender of the year in 2011 by the Bureau for Human Rights and Rule of Law, represented political official Zaid Saidov in 2013 after he was arrested for starting a new political party. Before his arrest in July 2014, Kudratov also represented victims of torture, political activists and accused religious extremists. Many see Kudratov's imprisonment as a warning against criticism of the authoritarian government. Steve Swerdlow of Human Rights Watch (HRW) called the action "a serious setback for the freedom of expression."

Uganda rebel commander to be transferred to ICC

After days of discussions, the Ugandan military decided on Jan. 13 to send Dominic Ongwen, a rebel leader with the Lord's Resistance Army (LRA), to trial in the International Criminal Court (ICC) for war crimes and crimes against humanity. The ICC has sought to try Ongwen, who is thought to be the second-in-command to Joseph Kony, since 2005 when an initial warrant of arrest was issued. He is accused of enslavement and directing attacks against civilian populations, among other charges, for his actions in the early 2000's in which thousands were killed and children abducted to be used as soldiers or sold as sex slaves.

Shell agrees to settlement in Niger Delta oil spills

Royal Dutch Shell on Jan. 7 reached a settlement in a lawsuit concerning the Niger Delta oil spills of 2008. The settlement, totaling $84 million, will be divided between 15,600 individuals who will receive $3,300 each as compensation for losses caused by the spills. The remaining $30 million will be disbursed throughout the community, which also suffered significant damage from the spills. Rights group Amnesty International noted that this settlement is "an important victory for the victims of corporate negligence," but expressed disappointment that it took six years for the victims to be compensated. They argue that Shell knew that the oil spills [which took place near Bodo in October and December 2008] were a distinct possibility since 2002 and took no "effective" action to prevent them from occurring. However, the managing director of the Shell Petroleum Development Company of Nigeria Limited, Mutiu Sunmonu, contends that they have taken responsibility for the spills from the beginning, and that the spills were due to operational pipe failure. AI also accused Shell of making false claims about the impact of the oil spills in documents presented to a UK court in November. They state that Shell claimed that only 4,000 barrels of oil spilled for both spills but AI believes the number is closer to 100,000 barrels for the first spill alone.

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