Jurist

ACLU report: Puerto Rico police abusing power

The American Civil Liberties Union on June 19 released a report alleging widespread abuses by the Puerto Rico Police Department (PRPD). The report documents numerous instances excessive force, sometimes deadly, to suppress speech, subdue protesters, and target ethnic and racial minorities. It also alleges a culture of impunity among the police and a failure to police crimes of abuse and sexual assault:

Congressman to sue Obama over new immigration policy

Congressman Steve King (R-IA) said June 15 that President Barack Obama's plan to issue an executive order implementing (some) policies of the DREAM Act is unconstitutional and announced that he plans to sue the administration to delay implementation. King claims that this executive order would effectively implement a law that was rejected by Congress and, therefore, Obama does not have the power to issue it.

Federal judge dismisses lawsuit over US medical experiments in Guatemala

A judge for the US District Court for the District of Columbia on June 13 dismissed a lawsuit filed by seven Guatemalans who alleged that they had been the subject of non-consensual human medical experimentation by the US Public Health Service. In its decision, the court found that under the Federal Tort Claims Act (FTCA) the US government is specifically exempt from liability for torts that occur outside of the US. Because the plaintiffs sued government officials who were acting in the capacity of their positions, the claim is automatically converted to a claim against the US government, and the court is bound by the FTCA. In his decision, Judge Reggie Walton acknowledged that "the Guatemala Study is a deeply troubling chapter in our Nation's history," but concluded that the court had no authority to provide relief. He suggested that the victims seek a remedy through political means. The Guatemalan government had reportedly requested that the US government provide out-of-court settlements before the lawsuit was filed, but the US did not respond.

International Criminal Court staff members detained in Libya

The International Criminal Court (ICC) said June 9 that four ICC staff members have been detained in Libya since Thursday the 7th. They traveled to Libya on the 6th to meet with Saif al-Islam Qaddafi, the son of Moammar Qaddafi. Reportedly among the detainees are Melinda Taylor, an Australian lawyer working for the ICC. A representative for the Libyan courts said that Taylor attempted to give documents to Saif al-Islam that were from his former aid, Mohammed Ismail, who has been in hiding since the Libyan conflict began. She was therefore found to pose a threat to Libyan safety.

Israel urged to release Palestinian detainees

Amnesty International on May 5 urged Israel to release all prisoners of conscience and administrative detainees or immediately try them under international fair trial standards. In a new report, "Starved of Justice: Palestinians detained without trial by Israel," Amnesty states that Israel has been using a number of measures—such as Military Order 1651 of 2010, the Internment of Unlawful Combatants Law of 2002, and the Emergency Powers (Detention) Law of 1979—against Palestinian residents in the West Bank. Although the laws officially apply to everyone, AI reported that the laws are being used to detain only Palestinians. Additionally, AI found that most of the detainees were never informed of the evidence presented against them although they have the right to appeal and are entitled to legal counsel of their choice. With its report, AI concluded that injustice against detainees is still ongoing.

Pakistan: doctor who helped CIA not convicted for ties to US

A Pakistani doctor who helped the US government find Osama bin Laden was convicted last week for his association to a militant group in Pakistan, not for his ties to the US Central Intelligence Agency (CIA), as was originally reported. A court document released to the press indicates that Dr. Shakeel Afridi was sentenced to 33 years in prison because of his association with a banned militant group (Lashkar-e-Islam, according to Reuters). The document noted that the court did not have jurisdiction to address Afridi's association with the CIA. Afridi was part of a CIA attempt to gather DNA samples from residents of bin Laden's Abbattobad compound in an effort to determine whether bin Laden was present there. Pakistani court officials originally reported that Shakil was imprisoned because of his work with the CIA. It is unclear why these false reports were made.

Bahrain activist's daughter sentenced to month in jail for staging protest

A court in Bahrain on May 24 sentenced Zainab al-Khawaja, the daughter of jailed pro-democracy activist Abdulhadi al-Khawaja to one month in prison for trying to organize an anti-government protest, according to Bahraini opposition groups. The court also fined her $530 on a separate charge of insulting a government employee. Zainab al-Khawaja refused to pay the fine and will face an additional 40 days in prison unless she pays it. Abdulhadi al-Khawaja has been on hunger strike for three months, expressing opposition to the Bahraini government's ongoing trials of pro-democracy protesters. He was sentenced to life in prison n June 2011. Zainab al-Khawaja is scheduled for another hearing this weekend on other protest-related charges.

Guatemalan judge orders second genocide trial for former dictator

A Guatemalan judge ruled May 21 that former dictator Efrain Rios Montt will have a second genocide trial for ordering a 1982 massacre which killed 201 people. Judge Carol Patricia Flores found enough evidence linking Rios Montt to the Dos Erres massacre for another genocide trial. The massacre, which took place when about 20 soldiers were ordered to search a village for weapons, was one of the country's deadliest during the 36-year Guatemalan civil war. Rios Montt's defense lawyer argued that he was not present during the killings and, therefore, cannot be liable for the massacre. The prosecution maintains that the massacre was part of a military operation ordered by Rios Montt. The second genocide charge comes just months after Rios Montt's trial for the killing of 1,700 indigenous peasants.

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