Jurist

Convictions of ex-Qaeda media director overturned

The US Court of Appeals for the District of Columbia Circuit on July 14 overturned two out of three convictions of Ali Hamza Ahmad Suliman al-Bahlul, media secretary of Osama Bin Laden. The court vacated Bahlul's convictions for providing material support for terrorism and solicitation of others to commit war crimes but did not overturn his conviction for conspiracy to commit terrorism, remanding that issue to the Court of Military Commission Review (CMCR). A three-judge panel of the appeals court had ruled last year that the military tribunal that convicted Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court said the Military Commissions Act (MCA) of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. The en banc court disagreed, ruling "that the 2006 MCA is unambiguous in its intent to authorize retroactive prosecution for the crimes enumerated in the statute—regardless of their pre-existing law-of-war status." Nonetheless, the court vacated the other two convictions, concluding that trying Bahlul by military commission for providing material support was "a plain ex post facto violation," and that "solicitation of others to commit war crimes is plainly not an offense traditionally triable by military commission." The new ruling could result in a reduction of Bahlul's life sentence.

Egypt overturns ban on Mubarak party members

The Cairo Court for Urgent Matters on July 14 overturned a May decision that banned former leaders of the National Democratic Party (NDP) from running in the country's parliamentary elections. An Urgent Matters Court in May accused  the now-dissolved NDP of overseeing corrupt governments, stating that allowing a political return for the former ruling party would bring danger to Egypt. The NDP was disbanded and ordered to liquidate its assets by the Supreme Administrative Court in April 2011, following longtime president and NDP party chairman Hosni Mubarak's fall from power. Many party leaders formed new parties or attached themselves to existing ones. Although the committee that drafted the country's new constitution in 2012 attempted to include an article that would ban NDP leaders from participating in politics for 10 years, the article was dropped after former president Mohammed Morsi was ousted (and another new constitution approved). In its decision, the appeals court said that the lower court lacked the proper jurisdiction to rule on the matter, the plaintiff had failed to present any evidence of corruption that incriminated the leaders, and the prior ruling violated the leaders' constitutional right to political participation. 

Afghanistan: ground combat tops civilian casualties

Ground combat engagements have surpassed improvised explosive devices (IEDs) as the most common cause of conflict-related civilian deaths and injuries in Afghanistan, the UN Assistance Mission in Afghanistan (UNAMA) reported (PDF) July 9. The report states that in the first six months of 2014, 1,901 civilian casualties, including 474 deaths, were attributed to ground engagements, accounting for 39% of all civilian deaths and injuries in that period. IEDs, previously the most common cause of civilian injuries, caused 1,463 civilian casualties in the same period. "The fight is increasingly taking place in communities, public places and near the homes of ordinary Afghans," said director of human rights for UNAMA, Georgette Gagnon. "More efforts are needed to protect civilians from the harms of conflict and to ensure accountability for those deliberately and indiscriminately killing them." The report laid out an action plan for "Afghan Government Forces" and "International Military Forces" as well as "Anti-Government Elements" to reduce civilian casualties.

Gitmo detainees file motion for religious freedom

Lawyers for Guantánamo Bay detainees on July 2 filed an emergency application (PDF) in the US District Court for the District of Columbia  for a temporary restraining order prohibiting the government from depriving the inmates of the right to pray communally during the month of Ramadan. Lawyers for petitioner Imad Abdullah Hassan have already applied (PDF) for a preliminary injunction, now pending, that alleges that prohibiting the detainees from prayer violates the Religious Freedom Restoration Act (RFRA). The emergency application was filed following the US Supreme Court's recent decision in Burwell v. Hobby Lobby. Hassan argues that the decision in Hobby Lobby, which held that for-profit corporations can deny coverage of contraception costs because of their religious beliefs, overrules the district court's prior decision in Rasul v. Myers. In that case the court held that the Guantánamo Bay detainees are not protected "persons" within the meaning of the RFRA. Thus, the motion argues that "a nonresident alien Guantanamo Bay detainee, who inarguably has constitutional rights in what is de facto sovereign US territory...must also enjoy the protections extended by the RFRA."

EU urges deeper inquiry into Afghan election fraud

The European Union (EU) on July 3 called on Afghanistan to conduct a more extensive investigation into vote-rigging in their presidential election. The following day the Independent Election Commission (IEC) supervising the race postponed the release of the preliminary results of the election while it recounts votes from nearly 2,000 polling sites. Candidates Abdullah Abdullah and Ashraf Ghani both have claimed victory after the outcome of the June 14 run-off election. EU Election Assessment Team chief observer Thijs Berman told reporters, "If you would use these factors as well and investigate all polling stations...on the basis of these factors you may well end up concluding that over 6,000 polling stations in the country need a thorough investigation."

Pakistan passes strict anti-terrorism bill

Pakistan's parliament on July 2 passed a new anti-terrorism bill that detractors are claiming grants excessive power to police. The proposed legislation, known as the Protection of Pakistan Ordinance, allows police to use lethal force, to search buildings without a warrant and to detain suspects at secret facilities for up to 60 days without charge "on reasonable apprehension of commission of a scheduled offense." Opponents of the bill are calling it draconian and question the precedent that it sets for human rights in the country. The bill will become law if signed by President Mamnoon Hussain.

Appeals court revives Abu Ghraib torture suit

The US Court of Appeals for the Fourth Circuit ruled (PDF) July 1 that the US District Court for the Eastern District of Virginia erred in concluding that it lacked jurisdiction over a case of alleged torture in the Abu Ghraib prison because the alleged abuses occurred in Iraq. The case was brought in 2009 by four plaintiffs against military contractor CACI International Inc, accusing the company of crimes against humanity, sexual assault, torture and other violations at Abu Ghraib prison. Applying the fact-based inquiry articulated by the US Supreme Court in Kiobel v. Royal Dutch Petroleum Co, the court held that the plaintiffs' claims "touch and concern" the territory of the US with sufficient force to displace the presumption against extraterritorial application of the Alien Tort Statute. The court did not reach the conclusion, however, that the issue was not a political question and thus remanded the case to the district court to undertake factual development of the record to make that determination.

Benghazi suspect pleads not guilty

Ahmed Abu Khatallah (BBC profilemade his first appearance on June 28 in the US District Court for the District of Columbia  where he pleaded not guilty to a federal terrorism offense arising from his alleged participation in the September 2012 attack on a US facility in Benghazi, Libya. Khatallah was indicted by a federal grand jury on the charge of "conspiracy to provide material support and resources to terrorists, knowing and intending that these would be used in preparation for and in carrying out a killing in the course of an attack on a federal facility, and the offense resulted in death." The attacks occurred on September 11 through September 12, 2012, and resulted in the deaths of Ambassador J. Christopher Stevens, Sean Smith, Tyrone Woods and Glen Doherty. The investigation into Khatallah's involvement is ongoing and the Department of Justice may bring additional charges as the case continues. "Now that Ahmed Abu Khatallah as arrived in the United States, he will face the full weight of our justice system," said US Attorney General Eric Holder. "We will prove, beyond a reasonable doubt, the defendant's alleged role in the attack that killed four brave Americans in Benghazi." 

Syndicate content