Jurist

Argentina: ex-president gets prison term —almost

The Court of Cassation of Argentina, the highest criminal court, sentenced former president Carlos Menem to seven years on June 14 for illegal weapons sales to Croatia and Ecuador during his presidency. Now-senator Menem pleaded innocence, claiming that the weapons were intended for Panama and Venezuela but were stolen and sold to parties that violated the country's peace agreements (PDF) and UN embargoes. The lower court initially acquitted Menem and 17 other defendants last year on a series of charges. On appeal, however, the Court of Cassation sentenced 12 of those defendants to prison time and remanded the case in light of what is described as "overwhelming evidence." Menem, now 82, receives immunity as a public servant. The court urged his fellow representatives to strip him of this privilege, but recent scandals involving his colleagues may make it difficult for a majority of senators to establish that precedent. Furthermore, under Argentina law, all prisoners over 70 have the right to serve penal time at home. Thus, even if the senate does relinquish Menem's immunity, he will most likely never serve time behind bars.

Turkish lawyers join ongoing protests

Thousands of Turkish lawyers on June 12 joined the ongoing protests in Ankara and Istanbul by marching out of courthouses in black robes. This came as the result of incidents during the protests the previous day, where a number of lawyers were handcuffed and dragged on the ground by police officers. Prosecutors in Istanbul had begun to investigate the use of excessive force by police officers over the course of the protests. On June 11 alone, more than 600 individuals were injured during the protests and tear gas was flooded into Taksim Square by police. The Human Rights Foundation of Turkey (HRFT)  reports that police action during the protests has reached levels of torture and ill treatment and that it will begin filing criminal complaints against officers who have violated international rights conventions.

ACLU challenges NSA surveillance measures

The American Civil Liberties Union (ACLU), in conjunction with the New York Civil Liberties Union (NYCLU) filed suit (PDF) June 11 against the National Security Agency (NSA) challenging its recently revealed phone data collection. As a Verizon business network services customer, the ACLU argues that the program violates the rights of free speech and association as well as the right of privacy as protected by the First and Fourth Amendments. The complaint also charges that the program oversteps Congress' authority as outlined in the Patriot Ac. On June 10, the ACLU DC affiliate and Yale Law School's Media Freedom and Information Access Clinic, filed a motion (PDF) with the secret surveillance court that issued the order allowing the data collection. They requested that the court provide a statutory basis of its recent controversial decisions to permit collection of civilians' personal data from private communication companies.

Kuwait woman sentenced to 11 years for tweeting

A criminal court in Kuwait on June 10 sentenced a woman to 11 years in prison for remarks she made on Twitter. Huda al-Ajmi was found guilty of three violations, including insulting the nation's ruler, Emir Shaikh Sabah al-Ahmad al-Sabah, calling to overthrow the government and misusing her mobile phone. The 11-year prison term is the harshest sentence yet given to an online activist in Kuwait and will become final if it is not overturned when contested in the court of appeals and cassation court. Huda al-Ajmi, who denies the charges, is not a well-known activist and is not known to have participated in opposition protests.

US charges Gitmo detainee with war crimes

The US Department of Defense (DoD) on June 10 announced that military commission charges have been filed against Abd al-Hadi al-Iraqi. Al-Hadi is an Iraqi prisoner who has been held at the Guantánamo Bay detention center in Cuba since 2007. The official charge sheet (PDF) alleges, among other things, that al-Hadi was a superior commander for al-Qaeda and that he and his operatives killed multiple US service members and attacked a US military medical helicopter with rocket-propelled grenades and firearms. Prosecutors also allege that al-Hadi funded and oversaw all of al-Qaeda's operations against US and allied forces in Afghanistan and Pakistan from 2002 to 2004 and that he directed his forces to use various unlawful means, such as attacking civilians and detonating car bombs in civilian areas. The charges against al-Hadi will next be reviewed by a Pentagon official. If approved, the case can proceed with arraignment on the charges, which carry a potential life sentence.

UK reaches settlement with Kenya torture victims

The UK government on June 5 reached a settlement agreement with thousands of Kenyans tortured by British colonial forces during the 1950s. Negotiations began last October after the Queen's Bench Division on the High Court of England and Wales ruled that three elderly Kenyans could sue the British government for torture they suffered while in detention under the British Colonial Administration. The victims alleged they had been tortured and sexually assaulted by their captors during the Mau Mau uprising. A formal announcement on the exact number of victims and amount of compensation included in the settlement is expected later this week. The agreement marks the culmination of a legal struggle that began in 2009.

US soldier pleads guilty to killing Afghan civilians

Staff Sergeant Robert Bales pleaded guilty to the premeditated murder of 16 Afghan civilians on June 5 in order to comply with a plea deal and avoid the death penalty. Bales admitted to leaving his post last March in the Kandahar province in order seek out and murder civilians. Bales read the individual charges against him detailing each specific instance in detail. The murders represent the worst case of murder of civilians on the part of military personnel since the Vietnam War. Once the plea deal is accepted by the court martial judge, Bales will be given life in prison without the possibility of parole.

Bahrain court sentences protesters up to 15 years

A Bahrain court on June 3 issued sentences to three protesters for allegedly taking part in anti-government protests as well as attempting to kill a police officer. The crimes were committed during an attack on police in a Shi'ite village near Manama which has been a hotbed of anti-government protests since 2011. The first accused protester has been sentenced to 15 years for attempted murder and taking part in the protests, while the other two protesters were given lesser sentences of 10 years and five years.

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