Jurist

Turkish court opens trial against Israeli commanders

A Turkish court on Nov. 6 opened a trial in absentia for former Israeli military commanders accused of killing nine Turkish citizens aboard a ship attempting to pass through the Gaza blockade in 2010. The Turkish judge began the proceedings with testimony from people who were on board the flotilla, as well as from relatives of the deceased. Prosecutors have demanded life in prison for the Israeli commanders involved in the May 2010 raid to enforce the naval blockade of the Gaza Strip. The case illustrates tension between Turkey and Israel, which have previously maintained close diplomatic ties. Israel has criticized the trial of the four Israeli commanders, dismissing the proceedings as politically motivated. Hundreds of protestors showed up outside the courthouse to voice their opposition to the actions of the commanders. Turkey has demanded an end to the Gaza blockade, a formal apology and compensation for the victims and their family.

Bahrain upholds convictions of teachers for organizing strike efforts

A Bahrain appeals court upheld verdicts against two teachers on Oct. 22 for organizing a teachers' strike early last year to support anti-government protests. At their first hearing in front of a military tribunal, the pair were convicted of using their positions as vice-president and president of the Bahrain Teachers' Association (BTA) to attempt to overthrow the Bahraini government through a teachers' strike that halted the educational process and "incited hatred" against the regime. No evidence has been presented that they used or advocated violence of any means, according to an Amnesty International backgrounder. Mahdi 'Issa Mahdi Abu Dheeb was sentenced to five years in prison while Jalila al-Salman was given a six-month sentence. Abu Dheeb has been detained for 18 months. Al-Salman was in confinement for five months but was released on bail. However, al-Salman has alleged torture while being detained.

Egypt prosecutor orders probe of election fraud

Egyptian Prosecutor-General Abdel Maguid Mahmoud on Oct. 22 ordered an investigation into allegations of forgery during the recent presidential elections. The order came after former Egyptian prime minister Ahmed Shafiq made allegations that ballots were forged and votes were bought by current president Mohammed Morsi. Shafiq added that previous investigations into the allegations were stopped without justification by the presidential election commission. Shafiq, who left for the United Arab Emirates right after his loss in the elections, has faced corruption charges of having misused public funds while in office as minister of civil aviation during the 30-year regime of ousted president Hosni Mubarak. Shafiq has argued that the charges against him are politically motivated. He has also noted that he will remain politically active and return to Egypt soon. The call for the investigation came after Egyptian authorities seized Shafiq's assets as part of his corruption investigation.

Accused USS Cole bomber boycotts pretrial hearing

Guantánamo Bay detainee Abd al-Rahim al-Nashiri on Oct. 23 boycotted his pretrial hearing at the facility. Al-Nashiri is accused of bombing the USS Cole while it was in port in Yemen in October 2000. Al-Nashiri objected to the use of belly chains while he was brought from his cell to the courtroom for the proceedings. Navy officials have stated that while belly chains are used when moving certain detainees within the facility, they would not have been used on al-Nashiri before this week's hearing. The hearing was to determine if Yemen was at war with the US at the time of the bombing, a decision that will be used to determine al-Nashiri's status as an enemy combatant.

UN experts urge Colombia to reconsider reform of military criminal law

United Nations independent human rights experts on Oct. 22 urged Colombian authorities to reconsider proposed constitutional reforms affecting the military criminal law. Eleven experts, comprising the Special Procedures mandate-holders of the Human Rights Council of the UN, wrote an open letter to the government of Colombia expressing their concern that the proposed reforms could prove harmful to administering justice for alleged violations of human rights by allowing military or police institutions rather than independent investigators to be the first to determine the existence of elements of crimes:

Ninth Circuit keeps Montana campaign finance law —for upcoming election

The US Court of Appeals for the Ninth Circuit ruled (PDF) Oct. 16 that it will keep Montana's campaign contribution limits in place for the duration of the election season, extending a stay on a lower court decision. The appeals court ruled that changing the finance rules less than one month before election day and after absentee voting has already started would prove unfair to candidates who have followed these rules throughout the present campaign cycle. The court also held that because Montana's campaign contribution limits are among the lowest in the country, removing that limit as a matter of free speech pursuant to the 2010 US Supreme Court decision Citizens United v. Federal Election Commission would drastically alter the playing field. American Tradition Partnership, one of the groups challenging the law, said that while the ruling is a setback, it intends to continue challenging the law and expects to "prevail in the end."

US court upholds immunity for Rwanda president

The US Court of Appeals for the Tenth Circuit on Oct. 10 dismissed a lawsuit against Rwandan President Paul Kagame alleging he ordered the killings of the former presidents of Rwanda and Burundi. The lawsuit was filed by the widows of Juvenal Habyarimana, the former president of Rwanda, and Cyprien Ntaryamira, the former president of Burundi, who were killed when their plane was shot down on approach to Rwanda. The widows have alleged that Kagame ordered the attack, which was allegedly carried out by a rebel army in Rwanda. They sought $350 million in damages. In its decision, the court ruled that Kagame is immune from suit because he is the leader of a foreign state. The court's decision upholds a district court ruling finding the same and is consistent with a suggestion of immunity filed by the US government last year.

Nigerians sue Shell in Netherlands over oil spills

Four Nigerian residents and an advocacy group told a Dutch court on Oct. 11 that Shell should be held liable for damage from oil pollution in the Niger Delta. The suit, which was filed by the four villagers and Friends of the Earth Netherlands in 2008, is the first time a Dutch company has been sued for the alleged misconduct of its foreign subsidiary. Shell has maintained throughout the trial that the case should be heard in Nigeria and that the Dutch court does not have jurisdiction. Friends of the Earth Netherlands says that the case could set an international precedent encouraging victims of pollution by Western corporations to sue in the Netherlands and other nations in the EU, noting that there are hundreds of thousands of pollution victims in Nigeria alone. Shell argues that the pollution damage was caused by thieves who sabotaged the oil lines and that its local subsidiary fulfilled its duty in cleaning up the spills. A verdict in this case is expected by early 2013.

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