Jurist

Egypt: president signs new constitution into law

President Mohammed Morsi signed Egypt's new constitution (PDF) into law late Dec. 25, which was supported by over 63% of those who voted in the referendum. However, only 32.9% of Egypt's total of 52 million voters actually participated in the referendum, leading many to debate its results. Egyptian press and commentators are divided over the approval of the new constitution, with some declaring the results to be "fake", and supporters from the Muslim Brotherhood claiming it to be the valid choice of the people. Immediately after the referendum, a coalition of Egyptian rights group called for a redo of the referendum, alleging widespread irregularities.

Egypt: opposition to appeal constitution vote

The Egyptian opposition on Dec. 23 said it will appeal the referendum that appears to have voted in a new constitution backed by ruling Islamic parties. The opposition has alleged the vote was marred by fraud and irregularities, while the Muslim Brotherhood, the main supporters of the new constitution, claim the referendum has passed with 64% "yes" votes. Official results have not been released yet and are expected on Monday, Dec. 24. The National Salvation Front, the main opposition group, composed of united factions of liberals, socialists and others, had campaigned heavily for the rejection of the referendum.

ICC acquits Congolese militia leader

The International Criminal Court (ICC) on Dec. 18 acquitted Congolese militia leader Mathieu Ngudjolo Chui on charges of rape, murder and pillage. Ngudjolo was accused of commanding fighters in a 2003 rebel attack on Bogoro, a strategic village in the mineral-rich Ituri region in eastern Congo. Some 200 people, including children, were raped and killed in the attack, carried out with machetes. The judges ruled the prosecution had not proved beyond a reasonable doubt that Ngudjolo was responsible for the crimes committed, and ordered his immediate release. Rights groups including Amnesty International expressed disappointment with the decision. The prosecution said it intends to launch an appeal.

Libya declares martial law in southern region

The Libyan government closed the country's southern border with Algeria, Niger, Chad and Sudan on Sunday and declared southern Libya as a military zone. The move was in response to  growing lawlessness  in Libya's southern provinces of Ghadames, Ghat, Obari, al-Shati, Sebha, Murzuq and Kufra. Representatives of the southern provinces had been boycotting legislative sessions due to the government's failure to assist in curbing the violence in the region. Government officials indicated that the closure would only last until order has restored. There was indication that some of the problems in the southern provinces were due to deteriorating conditions in Mali and the expected international military response.

Europe rights court rules for rendition victim

The European Court of Human Rights (ECHR) on Dec. 13 ruled (PDF) that the government of Macedonia is responsible for the torture and degrading maltreatment of a man the ECHR found to be an innocent victim of CIA "extraordinary rendition" in 2003. Lebanese German citizen Khaled el-Masri was arrested and mistreated for 23 days of interrogation in a hotel in the Macedonian capital Skopje, then transferred to CIA agents who took him to a secret detention facility in Afghanistan where he was held for four months. After a hearing in May, the ECHR Grand Chamber of 17 judges unanimously held that el-Masri had established beyond a reasonable doubt that Macedonia was responsible for several violations of various provisions of the European Convention on Human Rights, including the prohibition of torture and inhuman or degrading treatment under Article 3, the right to liberty and security under Article 5 and others. The ECHR ordered the government of Macedonia to pay el-Masri €60,000 in damages. El-Masri has been implicated in several violent incidents in Germany in the last few years, receiving a suspended sentence for arson in 2007 and a two-year prison sentence for assaulting a town mayor in 2010, for which he is still serving time.

US detains 200 juveniles in Afghanistan

The US answered to allegations that it has illegally detained juveniles in a prison in Afghanistan in a recent report (DOC) given to the UN Committee on Rights of the Child. The report was released in response to several inquiries regarding US compliance with the Convention on the Rights of the Child. In response to an inquiry regarding detention of juveniles, the US claimed that holding the juveniles was not to punish them, but to prevent them from returning to fight. The report cited to Hamdi v. Rumsfeld (text) in justifying this decision. The US also emphasized that it is treating the juvenile detainees in a way that is consistent with the convention. This includes specialized medical attention, potential familial cohabitation and individualized educational, recreational and social activities.

UAE arrests 18-year-old blogger: report

The Emirates Centre for Human Rights (ECHR) claimed Dec. 6 that the United Arab Emirates (UAE) has arrested an 18-year-old blogger as part of a wider effort to crack down on perceived government opposition. The ECHR claims that UAE security forces searched the home of Mohamed Salem al-Zumer and confiscated several electronic devices before arresting him and transferring him to an unknown location. The rights group condemned this arrest and the continued practice of arresting peaceful dissenters. In the statement, the ECHR detailed further restrictive practices:

Iran: human rights lawyer ends hunger strike

Iranian lawyer and prominent human rights activist Nasrin Sotoudeh on Dec. 4 ended a 49-day hunger strike in protest of her prison conditions and a travel ban imposed on her family. UN High Commissioner for Human Rights Navi Pillay had expressed concern for Sotoudeh's deteriorating health and urged the Iranian government to lift the travel ban, saying it was not justified by international law. After judicial authorities agreed to lift the travel ban on Sotoudeh's daughter, Sotoudeh ended her strike. Sotoudeh was sentenced in January 2011 to 11 years in prison after being found guilty of "acting against national security" and "making propaganda against the system" for which she will serve five and one years, respectively. The remaining five years of her sentence result from allegations that she was a member of the Human Rights Defenders Center, an organization originally founded by Shirin Ebadi and four other Iranian lawyers, many of whom have also been detained or otherwise punished for their work. In addition to her prison term, Sotoudeh's punishment also requires that she refrain from leaving the country or practicing law for the next 20 years. Sotoudeh has spent a large part of her detention in solitary confinement.

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