Jurist

Iraq executes 26 on terrorism offenses

The Iraq Ministry of Justice announced on Jan. 21 the execution of 26 Iraqi nationals for terrorism-related offenses. A statement from the Ministry website said the executions took place on two days before. Human rights groups have long opposed the use of capital punishment in Iraq and the overarching legal system employed in the country, where reports of torture and forced confessions have surfaced. According to an annual report by advocacy organization Human Rights Watch, Iraq executed at least 151 people in 2013, up from 129 in 2012, and 68 in 2011. According to the report, up to 48 criminal offenses are subject to the death penalty under Iraqi law. Iraqi officials defend capital punishment on the grounds it is sanctioned by Islam and it is an effective way to curb the insurgency in the country.

Egypt: Islamist jailed for anti-judiciary comments

The Cairo Criminal Court on Jan. 20 sentenced outspoken ultraconservative Islamist leader and former presidential hopeful Hazem Salah Abu-Ismail to a year in prison for comments allegedly made at another trial. In that trial, during which he stood accused of attempting to conceal the US citizenship of his mother in order to qualify for a presidential bid, Abu-Ismail reportedly stated, "The court is void ... This is not a real judiciary in the first place." Abu-Ismail was a top ally and supporter of former Egyptian president Muhammed Morsi, and his supporters have seen his prosecution as part of the crackdown on Morsi supporters in the wake of the military coup that ousted him from power in 2013.

Experts find 'clear evidence' of Syria war crimes

A team of lawyers, doctors and professors specializing in the prosecution of war crimes and forensic evidence issued a report (PDF) Jan. 20 including numerous photographs alleged to be "clear evidence'" of torture and systematic killings amounting to war crimes in Syria. The report is derived from almost 27,000 photographs which were obtained by a former military police officer in Syria who has since defected. The defector's role was to photograph the bodies of deceased individuals brought from detention facilities to a military hospital, which could reach up to 50 bodies a day. The report documents starvation, brutal beatings, strangulation, and other forms of systematic killings, and the majority of the victims are men aged between 20-40. The report stands by the defector's credibility, who was interviewed over three sessions in the previous 10 days. The report arrived just 48 hours before the Geneva II Conference on Syria is scheduled to commence in Switzerland on Jan. 22, with intense political posturing surrounding the UN backed conference.

SCOTUS rules for Daimler in Argentina rights case

The US Supreme Court ruled (PDF) Dec. 14 in Daimer AG v. Bauman that DaimlerChrysler AG (Daimler) does not have to face suit in California for alleged human rights violations by a subsidiary that took place entirely in Argentina. The US Court of Appeals for the Ninth Circuit ruled for Barbara Bauman, who represented 21 Argentine residents, allowing them to bring suit for the actions of Mercedes-Benz Argentina (MB Argentina), a Daimler subsidiary, during the nation's 1976-1983 "Dirty War." The plaintiffs claim that MB Argentina collaborated with state security forces to kidnap, detain, torture and kill certain MB Argentina workers that are either named as plaintiffs or were closely related to the plaintiffs. They argue that business activities in California by Mercedes-Benz USA (MBUSA) as a subsidiary of Daimler should permit the filing of a lawsuit because of an important agency relationship between MBUSA and Daimler, but the Supreme Court held that Daimler is not amenable to suit in California for injuries allegedly caused by conduct of MB Argentina that took place entirely outside the US. 

Saudi court hands down death for 2004 bombing

A Saudi Arabian court on Jan. 12 sentenced to death a member of a militant cell convicted of producing explosives used in a May 2004 suicide attack on a western company operating in Saudi Arabia's northwestern port city of Yanbu. According to reports, the court also handed down sentences ranging from three to 12 years to 10 other co-defendants convicted of lesser offenses, including financing the attack and sheltering those involved. Reports indicate that the attack stemmed from a 2003 al-Qaeda initiative, which sought to interfere with relations between the US and Saudi Arabia. The accused have 30 days to appeal their sentences.

Afghanistan to release detainees against US wishes

A spokesperson for Afghan President Hamid Karzai on Jan. 9 said that the administration will be releasing 72 prisoners the United States considers dangerous militants from Bagram prison, stating that there was not enough evidence to continue to hold them. The government said that there was no evidence against 45 of the detainees and that there was insufficient evidence against the other 27 to bring them to trial. Karzai's spokesperson stated that the continued detention of the prisoners was an illegal violation of Afghan sovereignty, and that the government could not allow Afghan citizens to be held for months and years at a time without being subject to trial. A US State Department spokeswoman reportedly responded to the decision by stating that the 72 prisoners are dangerous criminals and that there is strong evidence linking them to terrorist activities and the killings of Afghan citizens and US troops.

Morocco considers amending rape law

The Justice and Human Rights Commission of Morocco's parliament on Jan. 9 announced a proposal to amend Article 475 of the penal code, which allows rapists to avoid charges if they marry their victims. This practice is currently encouraged in countries such as Morocco and India, where the loss of a woman's virginity out of wedlock is said to bring shame upon the family. Article 475, translated from French, reads, "When a minor removed or diverted married her captor, the latter can not be prosecuted on the complaint of persons entitled to apply for annulment of marriage and can not be sentenced until after the cancellation of marriage has been pronounced." The proposal will be put to a vote by Parliament.

Russia ordered to pay in Chechen disappearances

The European Court for Human Rights (ECHR) ruled on Jan. 9 that Russia must pay 1.9 million euros, or $2.6 million, to the families of 36 Chechen men who disappeared between 2000 and 2006. The court found that Russia was in violation of Articles 2, 3, 5 and 13 of the European Convention on Human Rights (PDF). These violations concern the right to life, prohibition of inhuman treatment, right to liberty and security and right to an effective remedy. The court found that the families presented credible evidence towards their claim that their loved ones have been seized by the Russian military and Russia had failed to prove that the military was not responsible for the disappearances. It is unclear whether Russia will appeal the judgment to a higher human rights court.

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