Jurist

UN criticizes Egypt draft demonstration law

Spokesperson for the UN Office of the High Commissioner for Human Rights, Rupert Colville, on Feb. 19 criticized Egypt's draft law on demonstrations for failure to adequately protect freedom of assembly as enshrined in the Universal Declaration of Human Rights and two international rights treaties ratified by Egypt. The draft law requires that organizers inform authorities about protest plans in advance and allows the interior ministry the right to reject demonstrations. Governors will restrict protests to a particular location in each province. Additionally, the draft prohibits using platforms for speakers or the use of tents during sit-ins and bars carrying banners or chanting slogans found to be defamatory or insulting to religious or state institutions. The draft law imposes criminal sanctions on organizers who fail to comply with these legal requirements. The Egyptian government argues that the intent of the legislation is to prevent peaceful and violent protests from mixing. In recommending that the draft law be revised to conform with international treaties, Colville commented that: "No one should be criminalized or subjected to any threats or acts of violence, harassment or persecution for addressing human rights issues through peaceful protests."

Navy lawyers: Gitmo bugs no breach of privilege

Military lawyers from the US Navy on Feb. 12 said that surveillance equipment deployed throughout the Guantánamo Bay detention center was not used to breach attorney-client privilege. The officials indicated that devices used to record audio and video were routinely placed throughout the detention center, but they were only used for security purposes. The surveillance devices were often concealed in common objects such as smoke detectors. The lawyers admitted that a person would not know they were under surveillance, but that the prosecuting lawyers did not review any of the recordings. Officials also indicated that some legal mailings had been opened and searched for contraband and then delivered to the detainee. They said that they did not read any of the documents.

Senegal opens court to try former Chad dictator

Senegal's newly-created Extraordinary African Chambers officially opened on Feb. 8 to prepare for the prosecution of former Chadian dictator Hissene Habre (BBC backgrounder). Senegal's national assembly adopted a law in December allowing for the creation of the special tribunal with the support of the African Union (AU) and financial assistance from the European Union and the US. The Extraordinary African Chambers will operate within the existing Senegalese court structure in Dakar and will have sections to handle investigations, trials and appeals. Habre is accused of administering thousands of political killings during his eight-year rule from 1982 to 1990. Seven victims filed a criminal complaint against him in January 2000, and a Senegalese court indicted him. However, the case was dismissed on appeal for a lack of jurisdiction. Habre's trial will not begin until the prosecution completes its investigation, which will open next week and is expected to last 15 months.

India: parliament attack plotter executed

Afzal Guru, a Kashmiri militant who received the death penalty for participating in the 2001 attack on India's parliament, was executed on Feb. 9. Guru was hanged after India's president, Shri Pranab Mukherjee, turned down his plea for clemency. Following Guru's execution, India's government imposed a curfew in the India-controlled section of Kashmir and deployed hundreds of police in anticipation of protests and potentially violent clashes. A group of 400 protesters gathered in the Kashmiri city of Muzzafarabad vowing to continue Guru's mission. Guru's hanging was only the second execution carried out by India's government since 2004, with the other being Mohammad Ajmal Kasab, a gunman in the 2008 Mumbai terrorist attacks, who was executed in November.

ICC orders Libya to extradite Qaddafi spy chief

The International Criminal Court on Feb. 7 ordered Libyan officials to hand over the former intelligence chief for Moammar Qaddafi and allow him to meet with his lawyer. The ex-spy chief, Abdullah al-Senussi, has been indicted by the ICC for crimes against humanity stemming from the alleged murders and persecution of Libyan protesters during the Libya conflict and uprising in 2011. Despite the order, however, Libyan authorities continue to contend that the ICC is a court of last resort and that the transfer of al-Senussi is unnecessary given that Libya is prepared to try him in a domestic proceeding. Al-Senussi's lawyers contend, however, that the former intelligence chief will not receive fair treatment in any Libyan tribunal, thus making an international trial obligatory. If Libya refuses the extradition, the ICC may  report the matter to the UN Security Council for investigation.

Israel can 'improve' war crime probes: report

A civilian committee tasked with investigating Israel's 2010 flotilla raid on several Turkish ships headed for the blockaded Gaza Strip concluded (PDF) on Feb. 6 that investigations by the Israel Defense Forces (IDF) of alleged war crimes violations meet the standards proscribed by international law, but that there is still room to improve "the system of reviewing and investigating." In Part II of its overall report, the Turkel Commission made 18 recommendations (press release, PDF) to various branches of the Israeli government for improving its response to future incidents like the raid. Among its most imperative recommendations, the commission stressed the need to "establish a unit specializing in the laws of armed conflict...at the Ministry of Justice."

Bangladesh tribunal: Islamist leader gets life

The International Crimes Tribunal Bangladesh (ICTB) on Feb. 5 handed down its second verdict, sentencing Abdul Quader Mollah, leader of the Islamist party Jamaat-e-Islami (JI), to life in prison. This sentence comes a week after televangelist Abul Kalam Azad, also known as "Bachchu Razakar," was sentenced to death. Both were indicted for crimes committed during the 1971 Bangladesh Liberation War.

Somalia sentences alleged rape victim, journalist

A Somali court on Feb. 5 sentenced a woman who accused Somali security forces of rape to a year in prison for insulting a government body and making false claims. The same court in Mogadishu also sentenced freelance reporter Abdiaziz Abdinur Ibrahim, who interviewed the woman in January, to a year in prison on the same charges. Both sentences have been criticized by human rights groups. Human Rights Watch (HRW) condemned the charges as "politically motivated" and "a mockery of the new Somali government's priorities."

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