Jurist

Italy: court convicts three for CIA 'rendition'

The Milan Court of Appeals on Feb. 1 convicted three US nationals for their roles in the 2003 "rendition" kidnapping of Egyptian cleric and terror suspect Osama Moustafa Hassan Nasr AKA Abu Omar. Due to diplomatic immunity, all three men had been acquitted in the previous trial where the Milan court convicted 23 former CIA agents. Vacating the acquittals, the court now sentenced former CIA station chief Jeff Castelli to seven years, and the two other Americans, Betnie Madero and Ralph Russomando, to six years. The appeals process has been separated for Castelli and the other two men for technical reasons, and the appellate court's reasoning is expected to be released this month.

Guatemala: ex-dictator to stand trial for genocide

A Guatemalan judge on Jan. 28 ordered former dictator Efrain Rios Montt to stand trial on charges of genocide and crimes against humanity stemming from the killing of more than 1,700 villagers of Mayan ancestry. Judge Miguel Angel Galvez announced that Montt, along with one of his former generals Jose Rodríguez Sánchez, must answer for the alleged crimes committed during Montt's reign as de facto head of state in the early 1980s. Human Rights Watch Americas Director José Miguel Vivanco called the order "a remarkable development in a country where impunity for past atrocities has long been the norm," and welcomed this step toward greater accountability in Guatemala. Montt is the first ex-head of state to be charged with genocide by a Latin American court.

Gitmo detainee seeks ECHR ruling on CIA prison

Lawyers for Guantánamo Bay detainee Abu Zubaydah on Jan. 28 asked the European Court of Human Rights (ECHR) to rule on whether Poland violated their client's rights by aiding the US in detaining and allegedly torturing Zubaydah in a secret CIA prison. Zubaydah, a top al-Qaeda suspect, alleges that he was transferred to Poland and subjected to "enhanced interrogation techniques." An investigation into the prison has been ongoing in Poland since 2008, but Zubaydah's lawyers argued that it has made no noticeable effort to bring any perpetrators to justice. The letter is notice that an application for a hearing will be filed.

UN experts: Israeli settlements violate rights

The UN Human Rights Council (HRC) on Jan. 30 adopted the first report (PDF) by the International Fact-Finding Mission on Israeli Settlements in the Occupied Palestinian Territory, which concluded that a multitude of violations have occurred. The report relies on the "status and treatment of protected persons" provision under Article 49 of the Fourth Geneva Convention in arguing that the "settlements are a major obstacle to the establishment of a just and comprehensive peace and to the creation of an independent, viable, sovereign and democratic Palestinian State."

Egypt: death sentences for anti-Muslim 'film'

An Egyptian court on Jan. 29 upheld the in absentia death sentences of seven Coptic Christians and an American preacher on charges stemming from the amateur anti-Muslim "film" Innocence of Muslims, which sparked violent protests in the Middle East last year. A criminal court in Cairo sentenced the convicted defendants in November, pending the final verdict just announced. The death sentences are primarily symbolic, as all of the defendants live outside of Egypt. The eight defendants include Mark Basseley Youssef, the California man who produced the film, as well as Florida pastor Terry Jones, who aroused controversy last year by publicly burning a Koran. The film depicts the Prophet Muhammad as a fraud and a womanizer. The court found the defendants guilty of subverting national unity, spreading false information and insulting Islam, charges that carry the death penalty.

ICC prosecutor warns Mali on rights abuses

International Criminal Court (ICC) chief prosecutor Fatou Bensouda on Jan. 28 warned the Malian government over reports of human rights abuses by Malian forces. In the statement, Bensouda urged Malian authorities to put an immediate stop to the alleged abuses and to investigate and prosecute those responsible. Bensouda announced  last week that her office has launched an investigation into possible war crimes committed in Mali. Bensouda said, "I remind all parties to the on-going conflict in Mali that my Office has jurisdiction over all serious crimes committed within the territory of Mali, from January 2012 onwards. All those alleged to be responsible for serious crimes in Mali must be held accountable."

UN urges Iran not to execute Ahwazi activists

A group of independent UN human rights experts on Friday urged Iran to stop the execution of five Ahwazi activists. UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran Ahmed Shaheed stated that the execution of Mohammad Ali Amouri, Sayed Jaber Alboshoka, Sayed Mokhtar Alboshoka, Hashem Shabain Amouri and Hadi Rashidi is unacceptable. They have been sentenced on charges of enmity against God, corruption, and propaganda against the government.

Prison evidence at issue in 9-11 trial

Defense lawyers for the five accused 9-11 conspirators petitioned a US military judge at Guantánamo Bay on Jan. 28 to preserve the prisons where the defendants were held as evidence. The defendants claim that they were tortured during their time held in secret CIA prisons. This is one of the many issues that are set to be litigated when pretrial hearings begin Monday at the war crimes tribunal taking place at the Guantanamo Bay US Naval Base in Cuba. Khalid Shaikh Mohammed, accused of planning the 9-11 attacks, is among those set to stand trial. Lawyers for the defendants have requested documents from the White House and Justice Department that authorized the CIA to move suspected al-Qaeda members across borders after 9-11 and keep them in secret prisons for interrogations. Defense lawyers will argue that the defendants were subjected to illegal pre-trial punishment. The prosecution maintains that it will not use any information in trial that was obtained through torture or other techniques that violate US or international law.

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