Jurist
Libyan military commander sues ex-UK foreign secretary over rendition
A Libyan military commander filed a lawsuit April 17 against former UK Justice Minister Jack Straw alleging that the minister was instrumental in his illegal rendition to Libya, where he was tortured under the regime of Moammar Qaddafi. Abdel Hakim Belhadj and his wife were transferred to Libya in 2004 as prisoners and were allegedly tortured at the hands of former Qaddafi officials. The lawsuit was launched in response to an April 15 Sunday Times report alleging documentation of Straw's involvement in the transfer of prisoners to Libya for torture. Papers served on Straw request access to documents from 2004 to 2010, including the documents referenced in the recent news article. Belhadj's lawyers maintain that his primary purpose is to seek an apology from the responsible parties.
Netherlands high court rules UN immune in Srebrenica massacre suit
The Supreme Court of the Netherlands ruled April 13 that the relatives of Bosnian men killed by Serb forces in 1995 cannot sue the UN for failing to protect them during the massacres. The ruling essentially held that the UN is immune from prosecution in Dutch courts. The group bringing the lawsuit, known as the Mothers of Srebrenica, are claiming that the UN is liable for their failure to protect civilians during the 1995 Srebrenica massacre. The UN is claiming that it is immune, citing Article 2 Section 2 of the Convention on the Privileges and Immunities of the UN, which says that the UN "shall enjoy immunity from every form of legal process except it has expressly waived its immunity." Both a District Court at The Hague and the Supreme Court agreed with the UN, but the Mothers of Srebrenica have said they plan to appeal to the European Court of Human Rights.
American Indians reach trust settlement with federal government
The US Department of Justice (DoJ) and Department of the Interior (DoI) announced a $1.023 billion settlement with 41 American Indian tribes April 11. The announcement comes following a 22-month negotiation period after the tribes charged in a class action that the DoI and the Department of the Treasury mismanaged money held in a trust account from natural resources on tribal lands. The DoI holds nearly 56 million acres in trust for Native American tribes, and leases much of these lands for various uses including timber, mineral, oil and gas extraction. Attorney General Eric Holder stated that the settlement "fairly and honorably resolves historical grievances over the accounting and management of tribal trust funds, trust lands and other non-monetary trust resources that, for far too long, have been a source of conflict between Indian tribes and the United States."
China: housing activist sentenced to prison
A Beijing court on April 10 sentenced Chinese housing activist and lawyer Ni Yulan to two years and eight months in prison on charges of fraud and "inciting a disturbance" in Beijing. Ni's husband, Dong Jiqin, was also sentenced to two years in prison on similar charges. Ni and her husband had assisted victims of government land seizures, including those displaced by the Beijing Olympics project, prior to their arrest in August 2011. Amnesty International called for Ni and her husband's immediate release, saying that that charges are false and meant to punish Yulan for her activist work. Ni has been confined to a wheelchair since 2002, when prison guards beat her severely while she was serving one of two prior prison sentences. In poor health, lying on a stretcher and relying on an oxygen machine, Ni pleaded not guilty at her trial in December. Although a court spokesperson indicated the trial was open to the public, foreign journalists and diplomats were barred from the proceedings.
India: 23 convicted for crimes during Gujarat riots
A trial court in the west Indian state of Gujarat on April 9 convicted 23 people of crimes committed during the 2002 Gujarat riots. The individuals were convicted on charges of murder, attempted murder, conspiracy, rioting, unlawful assembly, and destruction of evidence over their participation in the killing of 23 Muslims, 18 of whom were women, in the riots that left more then 2,000 dead. An additional 23 individuals were acquitted. This specific incident became known as the "Ode massacre" for the village of Ode, where Muslim families were locked in homes that were then set on fire. The Ode massacre is the third out of 10 incidents during the riots that have been probed by a Special Investigating Team.
Chile: high court rejects challenge to hydroelectric dam project
The Supreme Court of Chile ruled April 4 that a proposed mega-scale hydroelectric dam complex in Patagonia does not violate the constitutional rights of residents opposing the project. Several environmental advocacy groups, including Chile Sustentable, challenged a ruling of the Court of Appeals of Puerto Montt which refused to issue an injunction to stop the construction of the dam, finding that the project does not violate the constitutional rights of those in opposition. The HidroAysen, a private Chilean venture, seeks to build five dams whose construction was approved by the Chilean government in May 2011. Chile Sustentable expressed disappointment following the ruling but vowed to continue to challenge the project in court, indicating the group is considering bringing a challenge to the project in an international forum.
DoD refers charges against 9-11 suspects to military commission
The US Department of Defense (DoD) referred charges to a military commission on April 4 against Khalid Sheikh Mohammed and four other alleged 9-11 conspirators being held at Guantánamo Bay. Mohammed, along with Muhammad Salih Mubarak Bin 'Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi, have been charged pursuant to the Military Commissions Act of 2009, and are accused of conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft and terrorism. The men could face the death penalty if convicted.
Libya denies ICC request to hand over Qaddafi son
Libya's National Transitional Council on April 5 refused a request from the International Criminal Court (ICC) to hand over Saif al-Islam Qaddafi, the son of former leader Moammar Qaddafi. Libyan officials have stated they will keep Saif al-Islam prisoner and he will stand trial within the country. This decision comes after the ICC ruled this week that Saif al-Islam must be handed over to the court, marking a departure from previous statements that Saif al-Islam could remain in Libya and be tried there. These statements were met with protest from human rights organizations that believed it would be almost impossible for Saif al-Islam to receive a fair trial in Libya. One of the big differences between the ICC and Libya is the possible sentence imposed if Saif al-Islam is found guilty—he faces the death penalty if found guilty in Libyan court, but only a prison term if convicted by the ICC. The ICC still claims jurisdiction over Saif al-Islam because it issued a warrant for his arrest last June.
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