Jurist

Colombia: UN report blasts military justice bill

A team of 12 independent human rights experts from the UN Office of the High Commissioner for Human Rights on Sept. 29 announced the contents of a letter written to the government and the congress of Colombia calling for reconsideration of Senate Bill 85, 2013, which would restructure and expand the jurisdiction of military courts. According to the rights experts, Bill No. 85 would give Colombian military courts extensive jurisdiction covering inter alia homicide, breaches of international humanitarian law, breaches of information and data protection and crimes against public security. The letter protested the potential for military courts to hear matters that would usually fall under the jurisdiction of civilian courts. The experts urged the government to limit the jurisdiction of military tribunals to charges "of a strictly military nature and allegedly committed by active members of the armed forces." The legislative process in Colombia is comprised of seven steps, and Bill No. 85 was originally introduced in September 2013.

India PM facing human rights suit in US

The American Justice Center on Sept. 25 filed a class action lawsuit (PDF) on behalf of anonymous survivors against India's Prime Minister Narendra Modi in the US District Court for the Southern District of New York for human rights abuses stemming from the religious riots in Gujarat in 2002. Modi was chief minister of Gujarat when Hindu mobs rioted through Muslim neighborhoods in the state, killing more than 1,000. The lawsuit seeks damages against Modi under the Alien Tort Claims Act and the Torture Victim Protection Act (PDF).

ICC opens new Central African Republic inquiry

The head of the Office of the Prosecutor at the International Criminal Court (ICC), Fatou Bensouda, on Sept. 24 announced the office will open a second investigation (PDF) into the situation in the Central African Republic (CAR) with respect to crimes allegedly committed since 2012. Alleged crimes against humanity include murder, torture, rape, attacking personnel or objects involved in a humanitarian assistance missions, pillage, and the use of child soldiers under the age of 15. The ICC report states there is reasonable belief that both sides of the conflict may be culpable for crimes against humanity. Bensouda opened a preliminary examination in February 2014 due to escalating violence in CAR, and in May the transitional government of CAR led by Catherine Samba-Panza urged the ICC to pursue the investigation. Prosecutor Bensouda intends to accumulate criminal evidence to identify and prosecute those responsible for the most serious crimes:

China: writer detained for articles critical of official

Chinese writer Huang Zerong, 81, known also by his pen name Tie Liu, was detained by Chinese authorities Sept. 14 for allegedly publishing articles critical of Communist Party propaganda chief Liu Yunshan (Brookings backgrounder). According to the Hong Kong-based South China Morning Post, the 81-year-old writer was criminally detained on charges of 'picking quarrels and provoking trouble.'" Huang spent 23 years in prison after being labeled a "rightist" by the Chinese regime during Mao Zedong's crackdown on liberals. His name was later cleared by the Communist Party in 1980.

Rights experts to Bahrain: release political activist

Independent UN rights experts on Sept. 5 called on the government of Bahrain to release human rights activist Maryam al-Khawaja due to the absence of evidence against her. Al-Khawaja was arrested in August upon her return to Bahrain and was charged with insulting the king and assaulting police officers. According to a post on al-Khawaja's twitter account, she has not been permitted to see a lawyer since her arrest. The rights experts expressed concern at the rash of apparent political imprisonment of individuals expressing their freedom of opinion, particularly human rights activists.

Lebanon: punishment for burning ISIS flag?

Lebanon's Minister of Justice  on Aug. 30 called for the "sternest punishments" for the individuals in Beirut who burned the flag of the militant groups ISIS and the Nusra Front. It is reported that Minister Ashraf Rifi issued a highly criticized statement which has urged the Lebanon state prosecutor to bring charges against the individuals who participated in the public flag-burning at Sassine Square in Beriut. Minister Rifi claims that the flag-burning was insulting to the faith of Islam because inscribed on the ISIS flag includes the Shahada or declaration of Muslim faith, "There is no god but Allah and Muhammad is his Prophet." Under Lebanese law, it is illegal to defame religious symbols. Pictures of the individuals burning the fags were discovered on Facebook. The action was a response to the recent beheading of a member of the Lebanese armed forces by ISIS.

India: high court rules coal mining licenses illegal

The Supreme Court of India ruled (PDF) Aug. 25 that all coal mining licenses awarded between 1993 and 2010 are illegal. The court found that the licenses failed to comply with the Mines and Minerals (Development and Regulation) Act of 1957 (PDF); Section 3(3)(a)(iii) of the Coal Mines (Nationalisation) Act of 1973 (PDF); and the principle of trusteeship of natural resources. The ruling cited arbitrariness, lack of transparency, lack of objectivity, allotment tainted with mala fides and corruption, and made in favor of ineligible companies tainted with mala fides and corruption. The court will now decide if 218 such licenses should be canceled.

Ex-Gitmo detainee appeals conviction

Australian citizen David Hicks filed a motion (PDF) to dismiss his conviction in the US Court of Military Commission Review on Aug. 20 after pleading guilty in 2007 for war crimes that took place before 2001 in exchange for his release. Hicks was captured in Afghanistan shortly after Sept. 11, 2011, and brought to the detention facility in Guantánamo Bay the day that it opened. The Center for Constitutional Rights (CCR) and co-counsel Joseph Margulies filed a motion asking the military commission to vacate Hicks' conviction for "material support for terrorism," following the US Court of Appeals for the DC Circuit's 2012 decision in Hamdan v. United States (PDF), which held that material support for terrorism is not a war crime and, thus, is beyond the jurisdiction of military commissions. Hicks' original appeal in November was stayed pending the ruling in Al-Bahlul v. United States (PDF), which similarly held last month that material support is not a war crime and cannot be tried by military commission. Hicks was the first person to be convicted in a military commission. After his release from Guantánamo, Hicks returned to Australia under a one-year gag order that prohibited him from speaking to the media. As part of his plea, he was also prevented from taking legal action against the US and required to withdraw allegations that the US military abused him.

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