Jurist

US sentences Muslim cleric to life imprisonment

The US District Court for the Southern District of New York on Jan. 9 sentenced Egyptian-born Muslim cleric Abu Hamza al-Masri (BBC profile) to life in prison for supporting terrorism. Hamza was convicted and found guilty of 11 criminal charges in May. The charges included planning to establish a jihad training camp in Oregon, conspiring to kidnap Americans in Yemen by enabling hostage-takers to speak on a satellite phone, and supplying the Taliban with goods and services. Judge Katherine B. Forrest characterized al-Masri's actions as "barbaric," and said she could not imagine a time in which his release would be safe. 

Ex-Gitmo detainee conviction overturned

The convening authority for the Office of Military Commissions, retired Marine Major General Vaughn A. Ary, on Jan. 9 overturned the terror conviction against Sudanese national Noor Uthman Muhammed (charge sheet, PDF) and dismissed the charges against him. Muhammed was accused of working as a weapons instructor and logistician in Afghanistan, and pled guilty to charges of providing material support for terrorism and conspiracy to provide material support for terrorism in February 2011. The US Court of Appeals for the DC Circuit [official website] ruled in two subsequent, unrelated cases that trials for terrorist detainees should not be conducted by military commission (Bahlul v. US; Hamdan v. Rumsfeld) unless the crime was recognized as a war crime at the time it was committed. The DC Circuit decisions, binding on military commissions, required the convening authority to dismiss the findings and sentence against Muhammed.

UN issues report on CAR war crimes

The UN published a report (PDF) Jan. 8 finding that acts committed in the Central African Republic (CAR) constituted war crimes and crimes against humanity, but not genocide. The report summarized the investigation of the situation in the CAR, which began in December 2013. The purpose of the investigation was to identify and hold accountable perpetrators of violations against humanitarian law. The report states that holding perpetrators accountable will help bring an end to impunity in the CAR, which contributed to the cycle of violence in the country. The report identifies the responsible actors as members of the CAR Armed Forces under President Francois Bozizé and the principal militia groups Séléka and anti-Balaka. While the report concludes that the crimes committed do not meet the threshold required to be considered genocide, it holds the principal actors responsible for serious humanitarian offenses including rape and the ethnic cleansing of the Muslim population.

US to release five Gitmo prisoners to Kazakhstan

On Dec. 31 the US Department of Defense said five prisoners at Guantánamo Bay will be released to the government of Kazakhstan as part of an effort by the Obama administration to expedite the closing of the facility. An interagency Guantánamo Review Task Force conducted a comprehensive review of the cases of Asim Thabit Abdullah al-Khalaqi, Muhammad Ali Husayn Khanayna, Sabri Muhammad Ibrahim al-Qurashi, Adel al-Hakeemy and Abdullah Bin Ali al-Lufti. The men were unanimously approved for transfer. After the transfer, 127 detainees will remain at Guantánamo Bay.

Bangladesh sentences Islamist leader to death

The International Crimes Tribunal Bangladesh (ICTB) sentenced (PDF) Islamist leader ATM Azharul Islam to death on Dec. 30 for war crimes committed during the 1971 War of Liberation against Pakistan. Azharul Islam is the assistant secretary general of the nation's largest Islamist party, the Jamaat-e-Islami (JI). He was found guilty of genocide and crimes against humanity, including mass murder, rape and torture, while fighting for Pakistan during the war as a member of the student party Islami Chhatra Sangha. The defense argued that Azharul Islam was only charged with these crimes for "political victimization," but the court stated that it did not find any evidence proving prosecution for political purposes.

Pakistan detains accused in Mumbai terror —again

Pakistani police have detained the alleged mastermind of the 2008 Mumbai attacks on abduction charges a day after a court ordered his release. Zaki-ur-Rehman Lakhvi was detained in Pakistani custody since 2008 for heading the militant group Lashkar-e-Taiba (CFR backgrounder), which was held responsible for the Mumbai attacks that killed 165 individuals. Earlier this month, Lakhvi was granted bail, but the government immediately imposed a three-month detention order to keep him in prison. Lakhvi successfully challenged the order with the Islamabad High Court, and was conditionally released on Dec. 29. Hours after his release, Lakhvi was in police custody again for the alleged kidnapping of a man. The Pakistani government has stated plans to challenge the original decision to grant Lakhvi bail.

Pakistan issues arrest warrant for radical cleric

A Pakistani court on Dec. 26 issued a non-bailable arrest warrant for Maulana Abdul Aziz, the head cleric of the Red Mosque (BBC backgrounder) in Islamabad. The court order comes after Aziz was accused of threatening protestors who were unhappy with his support of the Peshawar massacre that resulted in the deaths of around 150 people, most of them children. The cleric stated publicly that the massacre was an understandable action against the army's "un-Islamic operation," and roused further suspicions of alleged pro-Taliban leanings during a sermon when he stated "O rulers, O people in power, if you will commit such acts, there will be a reaction." The issuing of the arrest warrant was met with much public support, but leaders of the Red Mosque are adamant in their resistance, citing a lack of grounds for arrest. Execution of the warrant might be difficult because of reluctance by the police to arrest Aziz following his promise to instigate a country-wide protest should he be taken into custody.

Four Afghans transferred from Guantánamo

The US Department of Defense on Dec. 27 announced the repatriation of four Guantánamo Bay detainees to Afghanistan. The prisoners—Shawali Khan, Khi Ali Gul, Abdul Ghani and Mohammed Zahir—were released after a review of their cases. Although originally detained on suspicion of being associated with groups such as the Taliban and other terrorist organizations, they had been cleared for transfer for quite some time. They were considered "low-level detainees" and not security risks in their home country. With the release, the population of Guantánamo has been reduced to 132 prisoners. The release of the four men is part of an effort by the Obama administration to close Guantánamo Bay, despite restrictions in the latest defense spending bill, which President Obama signed Dec. 19 with a statement that expressed dissatisfaction over the provisions.

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