Jurist

Court: no jurisdiction in ex-Gitmo detainee suit

The US Court of Appeals for the Ninth Circuit ruled (PDF) Oct. 7 that the Detainee Treatment Act prevents the court from having jurisdiction over a former Guantánamo Bay detainee's lawsuit for damages. Adel Hassan Hamad, a Sudanese national, was captured in 2002 and transferred to Guantánamo prior to an agreement an agreement to transfer him to Sudan in 2007. Hamad states that that he was wrongfully detained and subjected to torture while held and filed the lawsuit to seek damages stemming from his detention. The Ninth Circuit vacated the district court's orders and directed the district court to render a judgment dismissing the lawsuit. The US Court of Appeals for the District of Columbia Circuit in 2001 ruled that Hamad could not continue to litigate a habeas corpus petition and refused to order the government to rescind their designations as "enemy combatants."

US court upholds conviction of ex-Gitmo detainee

The US Court of Appeals for the Second Circuit on Oct. 24 upheld the conviction (PDF) of ex-Guantánamo detainee Ahmed Khalfan Ghailani in the 1998 bombings of two US embassies in Africa. Ghailani had appealed his conviction on the premise that his constitutional rights to a speedy trial had been violated by his lengthy detainment and interrogation by the US Central Intelligence Agency (CIA). Although the interrogation techniques that were used remain classified, the CIA has justified this practice as an effort to gain "critical, real-time intelligence about terrorist networks and plots." This appeal provided the court an opportunity to consider, and ultimately provide support for, the legal implications of US efforts to gain intelligence from terrorism suspects before prosecuting them. Ghailani's lawyer has said that he will appeal the case to the Supreme Court.

Libya indicts Qaddafi aides for crimes in 2011 war

About 30 aides to Moammar Qaddafi, including his son Saif al-Islam Qaddafi, were indicted Oct. 24 by a Libyan court for a list of offenses allegedly committed during the 2011 revolt in the country. The charges levied against them include murder, kidnapping, complicity in incitement to rape, plunder, sabotage, embezzlement of public funds and acts harmful to national unity. Although less than half of the defendants appeared in court for the indictment hearing on Thursday, all defendants must be present at the trial hearing, the date of which has not yet been set. The trial will be one of the most high-profile in the country's history, with defendants including senior officials such as former intelligence chief Abdullah al-Senussi and Qaddafi's last prime minister Baghdadi al-Mahmudi.

US must investigate Pakistan drone strikes: Amnesty

Amnesty International (AI) on Oct. 22 urged the US to conduct a thorough, impartial and independent investigation into allegations that Central Intelligence Agency (CIA) drone strikes have resulted in recent civilian casualties in Pakistan. AI reviewed (PDF) more than 50 reported US drone strikes in Pakistan from January 2012 to August 2013, many of which resulted in multiple civilian deaths. AI asserts that, because the US government refuses to provide "accurate information" with respect to specific drone strikes, and its drone program in general, certain CIA operatives may be guilty of arbitrary and extrajudicial executions in violation of international law. According to AI, the US is obligated by international law to fully investigate each strike and ensure that guilty parties are brought to justice.

Experts begin evaluation of Syria chem arsenal

A team of disarmament experts from the UN and the Organisation for the Prohibition of Chemical Weapons (OPCW) on Oct. 6 began overseeing the destruction by the Syrian government, and will verify that the process is correctly handled. The disarmament team will destroy the chemical weapons arsenal, its storage sites and the facilities which manufacture them in compliance with UN Security Council Resolution 2118 (PDF8), which adopts and orders the Syrian government to comply with the Sept. 27 decision of the OPCW Executive Council. The decision requires Syria to identify the types, quantities and locations of all chemical weapons in its stockpile, as well as all chemical weapon storage facilities, production facilities, and research and development facilities, and provides a deadline of mid-2014 to complete their destruction.

Libya: suspend death sentences of Qaddafi loyalists

Human Rights Watch (HRW) called on Libya Oct. 4 to suspend the death sentences of Ahmed Ibrahim and Walid Dabnoon, who were convicted of crimes related to the country's uprising in June 2011. HRW contends that Ibrahim, a former official in the government of deposed president Muammar Qaddafi, and Dabnoon, a volunteer for pro-Qaddafi fighting forces during the clash with protesters, were denied the full benefits of due process during their trials, including the ability to consult counsel regularly and confidentially. According to HRW:

Bangladesh MP sentenced to death for war crimes

The International Crimes Tribunal Bangladesh (ICTB) on Oct. 1 sentenced Salahuddin Quader Chowdhury, a member of parliament for the Bangladesh Nationalist Party (BNP), to death for war crimes committed during the 1971 Bangladesh Liberation War. Chowdhury is the first member of the BNP to stand trial for war crimes under the tribunal set up by the Awami League-led government in 2010. He was found guilty on nine of 23 charges stemming from accusations regarding his role in war crimes committed by pro-Pakistan militias. Chowdhury is expected to appeal his conviction in the Supreme Court.

Gitmo judge allows 9-11 hearings to continue

A military judge on Oct. 2 refused to suspend the pretrial hearings in a case against five Guantánamo Bay prisoners related to the 9-11 terrorist attack. Army Col. James Pohl reasoned that the measures taken to respond to the defendants' concerns were adequate to continue the hearings. The defense team claimed that the government's computer network was not secure. The lawyers alleged that confidential data, e-mails and private research went missing or were erroneously sent to the prosecution. The US Department of Defense stated that it will address the concerns. The next pretrial hearing is set for October 22 while no trial date is set.

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