Jurist

Egypt president releases 572 prisoners convicted by military tribunals

Newly elected Egyptian President Mohammed Morsi on July 19 ordered the release of 572 people who had been convicted by the military. Morsi, Egypt's first elected civilian president, had formed a committee to review all the cases of prisoners who had been sentenced by military courts since the beginning of the revolution that toppled former president Hosni Mubarak last year. Activists and international rights groups have repeatedly called for Egypt to end the practice of civilian trials by military commissions, which have been criticized for not meeting the requirements of independence and impartiality. Morsi also commuted the life sentences of 16 individuals to seven years imprisonment. Earlier this month Morsi appointing a fact-finding committee to investigate the deaths of protesters in last year's demonstrations. 9,714 individuals have been released out of the 11,879 Egyptians detained by the military since last year's uprising.

UN rights expert condemns recent killing of women in Pakistan, Afghanistan

UN Special Rapporteur on violence against women Rashida Manjoo on July 18 urged the governments of Pakistan and Afghanistan to end violence against women and to initiate investigations into the recent killings of two women. Fareeda Afridi, a human rights defender in Pakistan [Federally Administered Tribal Areas], was recently shot dead by two men when she was walking to her office. The second case involved a public execution of a woman [22 years old and identified only as Najiba] accused of adultery in Afghanistan [at an unidentified location north of Kabul]. [The report also noted the slaying of Hanifa Safi, local head of the Ministry by a roadside bomb in Laghman province.] Manjoo stated that such violence against women amounts to "State crime when tolerated by public institutions and officials—when they are unable to prevent, protect and guarantee the lives of women, who have consequently experienced multiple forms of discrimination and violence throughout their lifetime."

US to retain control of detainees at Afghanistan prison

It was reported July 9 in the Times of London that the US will retain control of non-Afghan detainees at Parwan Detention Center at Bagram Air Base in Afghanistan, despite plans to transfer control of the facility to the Afghan government in two months. Under the terms of the agreement with Kabul, the Afghan government is to assume control of all prisons in the country, including the Bagram facility. The US, however, will retain control over about 50 non-Afghan detainees in a separate US-run section of the compound, with US officials claiming the agreement does not cover foreign nationals. The detainees apparently will be held without access to legal assistance or prospect of release. Such quarantining of prisoners and officials' attempts to distinguish between "prison" and "detention facility" have reportedly led many commentators and human rights activists to condemn the deal, questioning its legitimacy. The Bagram facility has widely become known as "the other Guantánamo" since its opening in 2009.

Israel commission recommends "legalizing" West Bank settlements

A panel commissioned by the Israeli government recommended July 9 that the state "legalize"* dozens of unsanctioned West Bank settlements. The government has not yet endorsed the recommendations, which include facilitating settlement construction by annulling orders of the Supreme Court of Israel and other legal rulings. The Palestinians, 2.5 million of whom live in the West Bank, claim the West Bank for a future state and have refused to continue peace negotiations with Israel until settlement construction is frozen. A 2004 World Court ruling held all Israeli West Bank settlements "illegal." There are currently over 200 settlements and outposts in the West Bank, home to more than 500,000 Israeli settlers. Last week the Israeli Supreme Court postponed the demolition of "illegal" West Bank settlements at Ulpana, with 30 apartments having had been scheduled for demolition on July 1.

ICC lawyer says Qaddafi son will not receive fair trial

A lawyer for the International Criminal Court (ICC) who was recently released from detention in Libya stated July 6 that she did not believe Libya could hold a fair trial for Saif al-Islam Qaddafi, the son of former Libyan leader Moammar Qaddafi. Melinda Taylor was detained by Libyan authorities for nearly four weeks for allegedly passing illicit information to Saif al-Islam in a Libyan prison. She maintains that her detention in the country was unjustified. Taylor and three other ICC staff members were detained by Libyan authorities while on an official mission to meet with Saif al-Islam and assist with his legal defense. The ICC has expressed concern about Libya's ability to give Saif al-Islam a fair trial since he was captured by Libyan rebel forces in November. Taylor said the actions of Libyan authorities have demonstrated that they are incapable of holding a fair and impartial trial.

Expert panel claims Fukushima nuclear crisis was preventable

A Japanese expert panel on July 5 issued a report claiming that the March 2011 Fukushima Daiichi nuclear disaster was preventable. In the 641-page document the panel claims that the accident was not caused solely by the earthquake and subsequent tsunami, but the inability of the government, regulators and the Fukushima Daiichi plant operator, Tokyo Electric Power Co. (TEPCO), to act quickly enough to prevent the disaster. Among the criticized was also the then-Prime Minster Naoto Kan who resigned last year after a widespread criticism of his handling of the natural disaster and Fukushima nuclear crisis. The experts claimed that regulators have failed to adopt global safety standards that could have prevented the crisis.

Libya releases detained ICC staff members

The Libyan government on July 2 released four International Criminal Court (ICC) staff members who had been detained for nearly four weeks. The release was announced while the ICC's president, Sang-Hyun Song, was visiting the country. The prosecution's office confirmed the release and noted that a hearing in their cases is expected on July 23. It added that the four staff members are expected at the hearing, but, even if that is not the case, a verdict will be issued in absentia. The release announcement came two weeks after the Libyan government started its investigation of ICC staff members. They had been accused of spying and attempting to smuggle documents to the imprisoned son of Moammar Qaddafi, Saif al-Islam Qaddafi, from his former aide.

Military judge demands allegedly withheld evidence in WikiLeaks trial

Army Col. Denise Lind on June 25 ordered the prosecution in the case against Pfc. Bradley Manning to submit to her a number of files that were allegedly withheld from the defense during discovery. Manning is accused of transferring more than 700,000 confidential documents and video clips to WikiLeaks, the largest intelligence leak is US history. Manning's defense has argued the leaks did not hurt US national security, but the US Army has responded that Manning's actions indirectly aided al-Qaeda. Manning's lawyers now allege that the prosecution has withheld damage assessment reports that may affect the outcome of his case. Lind ordered the prosecution to turn over the reports as well as a "due diligence statement" accounting for their failure to reveal the documents earlier. The prosecution has maintained that their actions were justified and that it is time-consuming to obtain the documents in question.

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