Jurist

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.

Federal judge awards $21 million in lawsuit against ex-Somalia PM

A judge for the US District Court for the Eastern District of Virginia on Aug. 28 awarded $21 million to seven Somalis in a lawsuit against former Somali prime minister  Mohamed Ali Samantar. The lawsuit, which started in 2004 and made it all the way to the US Supreme Court, alleges Samantar was responsible for the killing and torture of members of the Isaaq clan in Somalia throughout the 1980s under former dictator Siad Barre. The Somalis bringing the lawsuit, some of whom fled to the US and some of whom stayed in Somalia, were represented by the Center for Justice and Accountability. They claim to have been subjected to torture or potential executions at the hands of the Barre regime and brought the lawsuit under the Torture Victim Protection Act of 1991. The judgement included $2 million in punitive damages and $1 million in compensatory damages to the individual plaintiffs. Samantar's lawyers say they will appeal the ruling. The question of whether Samantar was improperly denied immunity is already on appeal.

Japan declares 'illegal occupation' of Korean-held islands

Japan's Prime Minister Yoshihiko Noda on Aug. 24 signed a resolution describing South Korea's control of islands in the Sea of Japan as an "illegal occupation." The resolution also calls for South Korean President Lee Myung-Bak to apologize and renounce comments he made during an Aug. 15 surprise visit to the disputed island territory. These comments included a request for Japan's Emperor Akihito to apologize for the nation's occupation of the Korean penninsula during World War II. The disputed islands, known as Takeshima in Japan and Dokdo in South Korea, are believed to contain valuable natural gas deposits. Noda has threatened to refuse to meet with Myung-Bak at the of the Asia- Pacific Economic Cooperation (APEC) summit in Vladivostok set for September.

Egypt: president ends pre-trial detention of journalists

Egypt President Mohammed Morsi issued a new law on Aug. 23 that bans pre-trial detentions of journalists for speaking out against the government. The new law, the first decree Morsi has issued since he granted himself executive and legislative powers last week, ends the Mubarak-era practice of jailing journalists who commit so-called "publication offenses" which include "offending the president of the republic." Morsi announced this new law in the wake of the arrest and detention of opposition newspaper editor Islam Afifi on charges of publishing false information about Morsi. Egyptian security officials confirmed that Afifi has been released from detention. Afifi, the editor of the newspaper El Dustour has been criticized by Islamists for allegedly making inflammatory statements against the Muslim Brotherhood. Morsi issued the law just hours after a court in Cairo convicted Afifi, sparking outrage amongst activists calling for freedom of the press.

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