Jurist

Federal appeals court denies habeas for Yemeni Gitmo detainee

The US Court of Appeals for the District of Columbia Circuit on May 27 affirmed a lower court's decision confirming that Yemeni Guantánamo Bay detainee Musa'ab Omar al-Madhwani is lawfully detained for being part of al-Qaeda. Madhwani challenged the denial of 2004 petition for writ of habeas corpus by the US District Court for the District of Columbia claiming that there was insufficient evidence to find that he was part of al-Qaeda and that the district court improperly relied on evidence outside the record, abused its discretion in denying additional discovery and committed various legal errors, including due process violations. The court supported the use of the "command structure" test employed by the district court as "sufficient to show that a person is part of al-Qaeda" in response to Madhwani's arguments against using an erroneous legal standard where only preponderance of evidence is needed to detain someone in connection with al Qaeda. Examining the evidence de novo, the appeals court found that:

Brazil lower house passes reforms easing restrictions on deforestation

The Brazil House of Deputies passed reforms to the the country's forest code May 24 that ease restrictions on deforestation and provide amnesty for prior deforestation violations. The amended code would allow small farmers to cut down trees on hilltops and along rivers, two areas that were previously protected. It would also provide farmers with amnesty for violations of the forest code prior to July 22, 2008. The amendments were mainly pushed by Alldo Rebelo, head of the Communist Party of Brazil, who argues that the restrictions are disproportionately hurting small-scale farmers. The amendments still have to be passed by the Senate, where they are expected to meet tough opposition, and be signed by President Dilma Rousseff before taking effect. A group of 10 former environmental ministers sent a letter dated May 23 to the president urging a balanced approach to environmental regulation that will promote both the agricultural industry and environmental sustainability.

Bahrain: court upholds two death sentences for police killings

Bahrain's Appeal National Safety Court on May 22 unanimously upheld death sentences for two men convicted of killing police officers during anti-government protests in March. The court reduced the death sentences of two others to life in prison. The four men were tried in the special appeals security court set up by Royal Decree in March, under emergency law, during the Shiite-led protests in Bahrain. The special court and other measure implemented under emergency law have been heavily criticized by various human rights groups. Nabeel Rajab, leader of the Bahrain Center for Human Rights criticized the ruling, expressing his concern that the cases are politically motivated and an attempt for the government to stop protests. The date for the two executions has not yet been disclosed but would first require the approval of Bahrain's king. The death penalty is rarely used in Bahrain and typically not used against the country's citizens.

Belarus: presidential candidate sentenced to five years for inciting riots

Belarus's Minsk City Court last week sentenced former presidential candidate Andrey Sannikau to a five-year maximum security prison term for organizing protests following the re-election of President Alexander Lukashenko in December 2010. Lukashenko reportedly won 80% of the vote, while Sannikau was second with a distant 2.5%. Currently, four other presidential candidates are awaiting trial, while one was released in January, and another has fled Belarus to seek asylum in the Czech Republic.

ICC prosecutor seeks Qaddafi arrest warrant for crimes against humanity

The International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo announced May 16 that he is seeking arrest warrants for Libyan leader Moammar Qaddafi and two others in his "inner circle" on charges of crimes against humanity. Ocampo said his office has gathered evidence that Qaddafi, his son Saif al-Islam and his brother-in-law Abdullah al-Sanussi plotted together to orchestrate attacks on civilians. He said al-Islam was acting as a "de facto Prime Minister" and called al-Sanussi, Qaddafi's "right-hand man" and "executioner." Ocampo said his office was almost prepared for trial, having collected quality testimony from some who have fled Libya. Ocampo said:

Georgia governor signs "Arizona style" anti-immigration bill

Georgia Gov. Nathan Deal signed into law on May 13 an "Arizona style" anti-illegal immigration bill, HB 87, that allows law enforcement officers to ask about immigration status when questioning suspects in criminal investigations. The law also imposes fines and prison sentences of up to one year for anyone who knowingly transports illegal immigrants during the commission of a crime, and requires businesses to use the federal E-Verify system to check the immigration status of potential employees, providing that workers convicted of using fake identification to gain employment could face up to 15 years in prison and $250,000 in fines. A CNN report described the measure as "one of the toughest anti-illegal immigration measures enacted by an individual state." In addition to demonstrations outside the capitol, the legislation has drawn threats of both lawsuits and boycotts, as have similar recent measures in other states.

Amnesty International accuses Qaddafi forces of war crimes

Amnesty International (AI) accused forces loyal to Moammar Qaddafi of committing war crimes in Misrata in a report issued May 5. According to the report, Qaddafi's troops have employed excessive use of lethal force against unarmed protesters, turned sniper fire on civilians in residential areas of the city, and deliberately used civilians as "human shields." "Shielding," AI asserted, "is a violation of international humanitarian law and constitutes a war crime." Additionally, according to AI, Qaddafi's forces used cluster munitions, which are heavily criticized by international observers and have been the subject of international eradication efforts. Misrata appears to be targeted as a result of its declaration in February of allegiance to opposition forces. While many have been able to escape the widespread violence, those left behind continue to suffer:

Egypt: prosecutor orders Mubarak to prison hospital

Egyptian public prosecutor Abdel-Maguid Mahmoud on April 25 ordered ousted president Hosni Mubarak transferred from a private hospital in Sharm el-Sheikh to a prison hospital in Cairo. Mahmoud ordered the transfer after Mubarak's doctor cleared him to travel. Mubarak was hospitalized for heart trouble shortly after his resignation. Prosecutors have urged Mubarak's transfer so that he may be questioned by officials about allegations ranging from embezzlement to murder. The Egyptian Ministry of Interior will oversee Mubarak's transfer first to a military prison and then to the hospital in Tora Prison where he will be held for questioning.

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