Jurist

Qaddafi son makes first appearance in Libya court

The son of Libya's deposed leader Moammar Qaddafi appeared in court in Zintan, Libya, on Jan. 17. Saif al-Islam Qaddafi is accused of transferring information related to Libya's national security to an International Criminal Court (ICC) delegation. He is also accused of insulting Libya's new flag and attempting to escape from prison. Saif al-Islam's trial was postponed until May because he was not represented by a lawyer at the hearing. One of Saif al-Islam's co-defendants in the case related to information on Libya's national security is his ICC-appointed lawyer Melinda Taylor.

UN Security Council urged to refer Syria to ICC

More than 50 countries asked the UN Security Council on Jan. 14 to refer the situation in Syria to the International Criminal Court (ICC). In this joint letter, Switzerland, along with 56 other states from all continents, noted the Syrian authorities' failure to investigate and prosecute war crimes allegedly committed since March 2011 as the basis for much-needed accountability and judicial action in the region. The letter stated: "Since [March 2011], the situation on the ground has only become more desperate, with attacks on the civilian population and the commission of atrocities having almost become the norm." Due to the fact that Syria is not a party to the Rome Statute, the founding treaty of the ICC, the only way to investigate the matter is to receive a referral from the UN Security Council.

Saudi court convicts Egyptian rights lawyer

A Saudi Arabian court on Jan. 15 convicted prominent Egyptian human rights lawyer Ahmed el-Gezawi of smuggling drugs. Despite requests from Saudi prosecutors for the death penalty, el-Gezawi was given a sentence of five years imprisonment and 300 lashes. El-Gezawi's arrest in April 2012 sparked protests outside the Saudi Embassy in Cairo by those who believe the activist was arrested for insulting King Abdullah, leading Saudi Arabia to close its embassy in Egypt for a week. Saudi authorities maintain that he was arrested for attempting to smuggle 20,000 anti-anxiety pills into the country. El-Gezawi had previously filed lawsuits on behalf of 34 Egyptians who were detained in Saudi Arabia without a stated reason. The Arabic Network for Human Rights Information (ANHRI) denounced the decision as a political sentence that violates principles of freedom of expression.

Judge: Gitmo detainee has no right to secret info

A judge for the US District Court for the District of Columbia ruled Jan. 9 that lawyers for a detainee at Guantánamo Bay may not review top secret documentation. Wali Mohammed Morafa, who has been detained for financially aiding the operations of terrorist organizations, including al-Qaeda, requested for some top secret documentations concerning source-related information which the government refused to disclose. Instead the government offered an alternate secret version without substitutes for some source information. Morafa's lawyers have clearance for only secret but not top secret information.

$5 million settlement in Abu Ghraib torture suits

A military contractor that was accused in a lawsuit by former detainees of the Abu Ghraib prison of conspiring to commit torture has paid $5.28 million to detainees held at the prison and other US detention centers in Iraq. The detainees filed suit against two military defense contractors in federal court in 2008 for alleged torture occurring over a period of four years. The cases against CACI International Inc.and L-3 Communications Holdings Inc were dismissed in September 2011 on the grounds that the companies have immunity as government contractors. A 14-judge panel for the US Court of Appeals for the Fourth Circuit ruled 12-2 in May that the dismissal was premature. L-3 Communications Holdings Inc settled the dispute and each of the former detainees who were parties to the lawsuit received a portion of the settlement. The case against CACI is likely to go to trial this summer.

UN rights office: 60,000 killed in Syria conflict

study carried out by the UN Office of the High Commissioner for Human Rights (OHCHR) has found that more than 60,000 people have been killed in the conflict in Syria since March 2011. According to the report, the average number of deaths per month has increased significantly since the summer of 2011, where the average was approximately 1,000 deaths per month, to an average of 5,000 deaths per month since July 2012. However, the study noted that 60,000 is likely an underestimate and that the actual toll may be significantly higher. UN High Commissioner for Human Rights Navi Pillay stated that "the number of casualties is higher than expected, and is truly shocking." While cautioning that the figure is not "definitive," she said the report is the "most detailed and wide-ranging to date."

Obama signs NDAA —despite Gitmo restrictions

US President Barack Obama signed the National Defense Authorization Act of 2013 (PDF) into law on Jan. 3. The bill, which authorizes appropriations for military activities for 2013, expressly prohibits using funds to transfer individuals detained at Guantánamo Bay and also prohibits using funds to construct facilities in the US intended to house Guantánamo detainees. Obama signed the NDAA despite earlier indications that he may veto (statement, PDF) the bill, in part because of concerns over the Guantánamo detainee restrictions. Anthony Romero, executive director of the American Civil Liberties Union (ACLU), has criticized Obama for signing the bill, stating that he has "utterly failed the first test of his second term" by effectively ensuring that indefinite detention will continue and jeopardizing his ability to keep his promise of closing the military prison.

Saudi Arabia: blogger faces death penalty

Human Rights Watch (HRW) has urged Saudi Arabia to dismiss a criminal case escalated last week to a senior Saudi court on apostasy charges. Website editor Raif Badawi, 30, was originally charged with "insulting Islam through electronic channels" for co-founding the religious discussion website Free Saudi Liberals, but he now faces the death penalty for renouncing Islam. After presiding over five sessions of the trial at the Jeddah District Court, Judge Abdulrahim al-Muhaydeef was replaced without explanation by Judge Muhammad al-Marsoom, who referred the case to the Public Court of Jeddah on Dec. 17 with a recommendation to try Badawi for apostasy. Shariah-based Saudi law is not codified and judges do not follow a system of precedent, but apostasy is a capital offense punishable by death. HRW claims that Badawi's arrest violates his right to freedom of expression. Badawi was detained by security forces in June. The website was originally founded in 2008 and included articles that were critical of senior religious figures, and has since been removed.

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