Jurist
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 Mubarak, dismissing 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.
Amnesty: concern over Colombia land restitution
Amnesty International on Nov. 27 released a report detailing its concern that people hoping to gain their land back under the Victims Land and Restitution Law (Law 1448) in Colombia face problems ranging from bureaucratic obstacles to intimidation. The report, entitled "A land title is not enough: Ensuring sustainable land restitution in Colombia" (PDF), describes the violent struggle to control territory during the 50-year-old armed conflict. This report examines whether authorities can guarantee landholders' rights by addressing weaknesses in the law, ongoing threats against land claimants, and impunity for those suspected of responsibility in forced displacements. The report finds that almost six million people have been displaced from their homes since 1985—mostly as result of conflict.
Egypt: first FGM trial ends in acquittals
Two men in Egypt were acquitted on charges relating to female genital mutilation (FGM) on Nov. 27. Since the law banning FGM was amended in 2008, this is the only case of FGM that resulted in trial. The charges stemmed from the death of a 13 year-old girl who died last year of an allergic reaction to penicillin, after her father took her to a local doctor for an FGM procedure. The prosecutor charged the doctor with manslaughter and committing the practice of FGM, and charged the girl's father with endangering her life and forcing her to undergo FGM. While FGM is banned in Egypt, the practice continues due to a lack of prosecutions and investigations, in part due to the belief among local authorities that FGM is a private, family issue. In response to the verdicts, Human Rights Watch (HRW) released a report calling for Egyptian authorities to take clear actions to end the practice of FGM by enforcing the law, prosecuting and investigating those who carry out the procedure, and undertaking measures to increase national awareness of the harms of FGM.
Scotland to have more independent powers
The UK's body on strengthening devolution, the Smith Commission, concluded Nov. 27 that Scotland's parliament should have more independence in certain matters. The commission, set up by Prime Minister David Cameron, recommended that Scotland's parliament have the power to set income tax rates, voting age, welfare payments; and a consultative role in reviewing the BBC Charter. The announcement follows Scotland's vote against independence in September. While Scotland's government welcomed the announcement, First Minister Nicola Sturgeon found the commission's decision disappointing as the Scottish parliament would still be responsible for less than half of the money the country will spend.
UK announces sweeping anti-terrorism bill
UK Home Secretary Theresa May on Nov. 24 outlined the new Counter-Terrorism and Security Bill to combat ongoing national security threats. The bill will expand the power of authorities to suspend outgoing and incoming international travel of persons that are reasonably believed to be traveling to commit terrorism. The legislation will also broaden the Terrorism Prevention and Investigation Measures (TPIMs) to allow authorities to force terrorist suspects to relocate within the country and will raise the burden of proof for TPIMs from a "reasonable belief" to a "balance of probabilities." May stressed the importance of bridging the "capabilities gap" that authorities must confront when dealing with communications data and announced that the bill will require Internet providers to retain IP addresses "to identify individual users of internet services," with some limitations. May urged the need for this legislation in response to new threats from the Islamic State (IS) and other established terrorist groups abroad.












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