Jurist

Burma frees 452 (political?) prisoners

Burma announced on Nov. 14 that it has freed 452 prisoners ahead of a visit by US President Barack Obama. Burma's state-run media reported that the government has released the prisoners on humanitarian grounds and as a goodwill gesture by the nation. However, Burma's main opposition party, the National League for Democracy (NLD) criticized the government's move, saying that the government has not released any of the estimated 330 political prisoners currently incarcerated in Burma. It is unclear if any of the 452 prisoners released are political ones because the government has not provided details on which prisoners have been freed. Obama is scheduled to visit Burma on Nov. 19.

Egypt holds four-way talks on Gaza violence

Egyptian President Mohammed Mursi announced Nov. 17 that peace talks are progressing toward a ceasefire in the recent escalation of violence in Gaza and southern Israel. Mursi invited Qatar's Emir Hamad bin Khalifa al-Thani, Turkish Prime Minister Tayyip Erdogan and former Hamas leader Khaled Meshaal to Cairo for ceasefire discussions after the recent violence broke the informal truce brokered by Egypt between Israel and Hamas in October. After rocket attacks by Palestinian militants into Israel this week, violence began to escalate on Nov. 14 with the killing of Hamas military chief Ahmed Jabari in a targeted air strike by the Israel Defense Forces. The next day Palestinian forces responded with rocket fire aimed at multiple Israeli cities and towns. Thus far, 45 Palestinians and three Israelis have been killed and hundreds more have been injured.

Record $4.5 billion settlement with BP in Gulf spill

US Attorney General Eric Holder announced Nov. 15 that British Petroleum (BP) has agreed to pay a record $4.5 billion in penalties and plead guilty to felony misconduct for its role in the devastation caused by the 2010 Deepwater Horizon oil spill. Holder emphasized that the settlement includes a roughly $1.25 billion criminal fine, and announced that two BP supervisors aboard the Deepwater Horizon during the spill have been charged with 23 criminal counts—including manslaughter, a result of the 11 workers killed in the April 2010 explosion. As part of the agreement, BP has agreed to plead guilty to 11 of the felonies related to the workers' deaths, a charge of obstruction of Congress and two misdemeanors.

Libya: undocumented foreign nationals face abuse

Undocumented foreign nationals in Libya are at risk of exploitation, arbitrary and indefinite detention, as well as beatings, sometimes amounting to torture, Amnesty International (AI) reported Nov. 13. The report urged Libyan authorities to confront issues of xenophobia and racism, which may in part be inspired by the prevalent belief that some foreigners were "mercenaries" who had supported the ousted regime. The report is based on visits with 2,700 foreign nationals in detention centers throughout Libya between May and September of this year, including pregnant women, and unaccompanied minors held over migration offenses. According to AI, many detainees displayed bruises said to be linked to the abuse, such as being beaten with metal wires, water pipes and rubber hoses. Among other hardships, the report indicated women at the centers are vulnerable to sexual violence from male guards. According to Hassiba Hadj Sahraoui, deputy Middle East and North Africa director at AI, despite the overthrow of Moammar Qaddafi in 2011, undocumented foreign nationals currently face worse situations than before.

UK denies extradition request for Jordanian cleric

The UK Special Immigration Appeals Commission (SIAC) on Nov. 12 granted the appeal of Muslim cleric Abu Qatada (BBC profile), blocking his extradition to Jordan, where he is accused of organizing bomb attacks. Qatada has been described as "Osama bin Laden's right-hand man in Europe," and UK officials believe he should remain in prison for national security reasons. While never formally charged with an offense in the UK, he has for years been in and out of custody—either imprisonment or house arrest. The judge stated he did not believe Jordanian authorities would mistreat Qatada, but Jordan allows use of evidence gained as a result of the torture of others, and thus Qatada could not receive a fair trial.

ICC investigating both sides in Libya war: report

International Criminal Court (ICC) prosecutor Fatou Bensouda is collecting evidence for possible new war crimes charges against Moammar Qaddafi supporters and opposition groups arising out of crimes committed during last year's civil war. According to an exclusive Associated Press interview, the ICC is specifically investigating crimes committed by rebel forces against Qaddafi loyalists and residents of Tawerga as well as further evidence against members of the former Qaddafi government. Tawerga was used to launch attacks on Libya's commercial capital, Misrata. The ICC is looking into allegations that rebel forces subjected civilians in Tawerga to killings, looting, torture and forced displacement. Bensouda also discussed Saif al-Islam Qaddafi, who is currently being held by a militia group until he will stand trial. She urged the group to allow Saif al-Islam access to a lawyer and, while she encouraged the group to allow the ICC to prosecute him, should Libya proceed with the national trial the ICC "will continue to monitor what Libya is doing."

Court dismisses torture suit against Rumsfeld

The US Court of Appeals for the Seventh Circuit, sitting en banc Nov. 7, ruled that two US citizens cannot sue former defense secretary Donald Rumsfeld for alleged torture by US soldiers in Iraq. The plaintiffs, who worked for a private security firm in Iraq, were arrested in 2006 by military personnel after being suspected of dealing arms. The plaintiffs alleged they were subject to torture in military prison, including sleep deprivation, extreme temperatures, and denial of food and water. In their lawsuit, the plaintiffs argued that Rumsfeld authorized harsh interrogation methods in Iraq and that victims of torture should be able to establish a private right of action against government officials. The Seventh Circuit rejected this argument as unworkable and contrary to the government's national security interests:

ACLU urges Obama to close Gitmo in second term

The American Civil Liberties Union (ACLU) called on US President Barack Obama early on the morning after his re-election Nov. 7 to shut down the Guantánamo Bay military prison, even as it congratulated him on his victory. Anthony Romero, executive director of the ACLU, urged Obama to "make good the promise he made four years ago to close the prison at Guantánamo Bay." He also encouraged Obama to put an end to practices such as warrantless surveillance, drone strikes and indefinite detention:

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