Jurist
Libya: undocumented foreign nationals face abuse
Undocumented foreign nationals in Libya are at risk of exploitation, arbitrary and indefinite detention, as well as beatings, sometimes amounting to torture, Amnesty International (AI) reported Nov. 13. The report urged Libyan authorities to confront issues of xenophobia and racism, which may in part be inspired by the prevalent belief that some foreigners were "mercenaries" who had supported the ousted regime. The report is based on visits with 2,700 foreign nationals in detention centers throughout Libya between May and September of this year, including pregnant women, and unaccompanied minors held over migration offenses. According to AI, many detainees displayed bruises said to be linked to the abuse, such as being beaten with metal wires, water pipes and rubber hoses. Among other hardships, the report indicated women at the centers are vulnerable to sexual violence from male guards. According to Hassiba Hadj Sahraoui, deputy Middle East and North Africa director at AI, despite the overthrow of Moammar Qaddafi in 2011, undocumented foreign nationals currently face worse situations than before.
UK denies extradition request for Jordanian cleric
The UK Special Immigration Appeals Commission (SIAC) on Nov. 12 granted the appeal of Muslim cleric Abu Qatada (BBC profile), blocking his extradition to Jordan, where he is accused of organizing bomb attacks. Qatada has been described as "Osama bin Laden's right-hand man in Europe," and UK officials believe he should remain in prison for national security reasons. While never formally charged with an offense in the UK, he has for years been in and out of custody—either imprisonment or house arrest. The judge stated he did not believe Jordanian authorities would mistreat Qatada, but Jordan allows use of evidence gained as a result of the torture of others, and thus Qatada could not receive a fair trial.
ICC investigating both sides in Libya war: report
International Criminal Court (ICC) prosecutor Fatou Bensouda is collecting evidence for possible new war crimes charges against Moammar Qaddafi supporters and opposition groups arising out of crimes committed during last year's civil war. According to an exclusive Associated Press interview, the ICC is specifically investigating crimes committed by rebel forces against Qaddafi loyalists and residents of Tawerga as well as further evidence against members of the former Qaddafi government. Tawerga was used to launch attacks on Libya's commercial capital, Misrata. The ICC is looking into allegations that rebel forces subjected civilians in Tawerga to killings, looting, torture and forced displacement. Bensouda also discussed Saif al-Islam Qaddafi, who is currently being held by a militia group until he will stand trial. She urged the group to allow Saif al-Islam access to a lawyer and, while she encouraged the group to allow the ICC to prosecute him, should Libya proceed with the national trial the ICC "will continue to monitor what Libya is doing."
Court dismisses torture suit against Rumsfeld
The US Court of Appeals for the Seventh Circuit, sitting en banc Nov. 7, ruled that two US citizens cannot sue former defense secretary Donald Rumsfeld for alleged torture by US soldiers in Iraq. The plaintiffs, who worked for a private security firm in Iraq, were arrested in 2006 by military personnel after being suspected of dealing arms. The plaintiffs alleged they were subject to torture in military prison, including sleep deprivation, extreme temperatures, and denial of food and water. In their lawsuit, the plaintiffs argued that Rumsfeld authorized harsh interrogation methods in Iraq and that victims of torture should be able to establish a private right of action against government officials. The Seventh Circuit rejected this argument as unworkable and contrary to the government's national security interests:
ACLU urges Obama to close Gitmo in second term
The American Civil Liberties Union (ACLU) called on US President Barack Obama early on the morning after his re-election Nov. 7 to shut down the Guantánamo Bay military prison, even as it congratulated him on his victory. Anthony Romero, executive director of the ACLU, urged Obama to "make good the promise he made four years ago to close the prison at Guantánamo Bay." He also encouraged Obama to put an end to practices such as warrantless surveillance, drone strikes and indefinite detention:
Turkish court opens trial against Israeli commanders
A Turkish court on Nov. 6 opened a trial in absentia for former Israeli military commanders accused of killing nine Turkish citizens aboard a ship attempting to pass through the Gaza blockade in 2010. The Turkish judge began the proceedings with testimony from people who were on board the flotilla, as well as from relatives of the deceased. Prosecutors have demanded life in prison for the Israeli commanders involved in the May 2010 raid to enforce the naval blockade of the Gaza Strip. The case illustrates tension between Turkey and Israel, which have previously maintained close diplomatic ties. Israel has criticized the trial of the four Israeli commanders, dismissing the proceedings as politically motivated. Hundreds of protestors showed up outside the courthouse to voice their opposition to the actions of the commanders. Turkey has demanded an end to the Gaza blockade, a formal apology and compensation for the victims and their family.
Bahrain upholds convictions of teachers for organizing strike efforts
A Bahrain appeals court upheld verdicts against two teachers on Oct. 22 for organizing a teachers' strike early last year to support anti-government protests. At their first hearing in front of a military tribunal, the pair were convicted of using their positions as vice-president and president of the Bahrain Teachers' Association (BTA) to attempt to overthrow the Bahraini government through a teachers' strike that halted the educational process and "incited hatred" against the regime. No evidence has been presented that they used or advocated violence of any means, according to an Amnesty International backgrounder. Mahdi 'Issa Mahdi Abu Dheeb was sentenced to five years in prison while Jalila al-Salman was given a six-month sentence. Abu Dheeb has been detained for 18 months. Al-Salman was in confinement for five months but was released on bail. However, al-Salman has alleged torture while being detained.
Egypt prosecutor orders probe of election fraud
Egyptian Prosecutor-General Abdel Maguid Mahmoud on Oct. 22 ordered an investigation into allegations of forgery during the recent presidential elections. The order came after former Egyptian prime minister Ahmed Shafiq made allegations that ballots were forged and votes were bought by current president Mohammed Morsi. Shafiq added that previous investigations into the allegations were stopped without justification by the presidential election commission. Shafiq, who left for the United Arab Emirates right after his loss in the elections, has faced corruption charges of having misused public funds while in office as minister of civil aviation during the 30-year regime of ousted president Hosni Mubarak. Shafiq has argued that the charges against him are politically motivated. He has also noted that he will remain politically active and return to Egypt soon. The call for the investigation came after Egyptian authorities seized Shafiq's assets as part of his corruption investigation.

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