Jurist

HRW: Bush administration engaged in torture, rendition of Qaddafi opponents

During the administration of former US president George W. Bush, the US government tortured opponents of former Libyan leader Moammar Qaddafi and transferred them to Libya, Human Rights Watch (HRW) announced in a report (PDF) released Sept. 5. The report, entitled "Delivered Into Enemy Hands: US-Led Abuse and Rendition of Opponents to Gaddafi's Libya," details the ill-treatment and torture, including instances of waterboarding, of detainees in US custody. The information contained in the report comes from detainees who have since been liberated, as well as documents and files uncovered after the fall of the Qaddafi regime.

Guatemala ex-president to be extradited to US for embezzlement trial

The US embassy in Guatemala  on Aug. 30 praised the decision of the Guatemalan Constitutional Court allowing former president Alfonso Portillo to be extradited to the US on charges of embezzling foreign donations. Upon extradition Portillo will stand trial in the US District Court for the Southern District of New York on charges of laundering US$1.5 million in Taiwanese foreign donations, which were supposed to be used to buy schoolbooks for Guatemalan children. Instead Portillo allegedly deposited the funds in various banks for his personal use. Portillo was president from 2000 to 2004 and was tried last year in Guatemala on  charges of embezzlement  under which he allegedly diverted approximately USD $15 million in funds from the Ministry of Defense. His extradition to the US was approved by a Guatemalan criminal court in March 2010.

Nobel laureate urges prosecution of Bush, Blair for Iraq war crimes

Nobel Peace Prize laureate Desmond Tutu on Sept. 1 called in an op-ed in The Observer for former US president George W. Bush and former UK prime minister Tony Blair to stand trial at the International Criminal Court (ICC) for their roles in the 2003 invasion of Iraq. Tutu argues that:

The immorality of the United States and Great Britain's decision to invade Iraq in 2003, premised on the lie that Iraq possessed weapons of mass destruction, has destabilised and polarised the world to a greater extent than any other conflict in history. Instead of recognising that the world we lived in, with increasingly sophisticated communications, transportations and weapons systems necessitated sophisticated leadership that would bring the global family together, the then-leaders of the US and UK fabricated the grounds to behave like playground bullies and drive us further apart.

Brazil: judge agrees to first war crimes trial for members of dictatorship

A Brazilian federal judge in Pará on Aug. 31 agreed to conduct the first trial against members of the former dictatorship for alleged crimes during the military's rule from 1964-1985. The defendants are two retired army reserve members, Col. Sebastiao de Moura and Maj. Licio Maciel, accused of kidnappings during suppression of the guerilla movement in the Araguaia region between 1972 and 1975. The judge agreed with prosecutors that Brazil's 1979 amnesty law, which provides amnesty for members of the government and military alleged to have committed political crimes between 1961 and 1975, does not apply because bodies of the alleged kidnapping victims were never found, and the cases are therefore still technically open.

Holder closes investigation into alleged torture deaths of CIA detainees

US Attorney General Eric Holder announced Aug. 30 that the Department of Justice would close its investigation into the CIA's alleged torture and abuse of detainees, with no criminal charges to be brought as a result of the three-year inquiry. In June 2011 Holder accepted the recommendation of Assistant US Attorney (AUSA) John Durham to open full criminal investigations into the deaths of two individuals while in US custody at overseas locations. The recommendation came during a criminal investigation by Durham that began in August 2009, under which he conducted an inquiry into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations. The investigation centered primarily on whether any unauthorized interrogation techniques were used by CIA interrogators and whether such techniques could constitute statutory violations of torture.

US charges Gitmo detainee with supporting terrorism

The US  Department of Defense announced Aug. 29 that the Chief Prosecutor for Military Commissions has filed terrorism charges against a Saudi Guantánamo Bay prisoner accused of plotting with al-Qaeda to blow up oil tankers near Yemen. The detainee, Ahmed al Darbi, has been accused of six offenses under the Military Commissions Act of 2009, including conspiracy, aiding and abetting attacks on civilians, and aiding and abetting terrorism based on his former work as a weapons instructor, contact with Osama bin Laden, and support of bombing civilian oil tankers. According to the statement released by the Pentagon:

France opens inquiry into Yasser Arafat's death

The Tribunal de Grande Instance de Nanterre announced Aug. 28 that a three-judge panel will investigate the death of former Palestinian leader Yasser Arafat. The investigation was prompted in August by Arafat's widow and daughter after an  Al Jazeera investigation discovered traces of polonium-210 on his final effects. The Institut de Radiophysiquemedical records released by Slate do not suggest radiation poisoning was apparent.

India: more convictions in Gujarat riots

An Indian court in Ahmedabad, Gujarat's main city, on Aug. 29 convicted 32 individuals for their roles in the deaths of 95 people during the 2002 Gujarat riots. Among the convicted was Maya Kodnani, the minister of education and child welfare in the Gujarat government, who was arrested in 2009 on charges of murder and criminal conspiracy. She resigned from her office when she was arrested but remained as the member of the state's legislative assembly. The riots began following the death of 60 Hindus in a fire aboard a train for which Muslims were blamed. The riots resulted in death of more than 2,000 people, mostly Muslims. With the conviction, the court acquitted 29 other defendants. The court is expected to announce the sentences imminently.

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