Jurist

Inter-American Human Rights Commission agrees to hear Gitmo detainee case

The Inter-American Commission on Human Rights (IACHR) on March 30 agreed to hear the case of Guantánamo Bay detainee and Algerian national Djamel Ameziane. The Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL), co-counsel for Ameziane, states that Ameziane has been held at Guantánamo Bay without any charge or trial for more than 10 years. This is the first time that the IACHR has agreed to accept jurisdiction over a Guantánamo detainee. J Wells Dixon, senior staff attorney at CCR, stated:

US Supreme Court: listing of Israel on birth certificate not a "political" question

On March 26, the US Supreme Court ruled 8-1 in MBZ v. Clinton that the ability of a US national born in Jerusalem to list Israel as place of birth on a passport is not a political question, but remanded the case for a ruling specifically on the issue. The US State Department argued that this question was political because it informs the government's foreign policy toward recognition of Israel as sovereign over Jerusalem. Chief Justice John Roberts, writing for the majority, disagreed, due to the suit being based on a statutory enactment by Congress:

Poland: ex-intelligence chief to face charges for involvement in CIA prison

The former head of the Polish intelligence services may face charges for his assistance to the US Central Intelligence Agency (CIA) in operating a secret prison in Poland. Zbigniew Siemiatkowski told Polish newspaper Gazeta Wyborcza on March 27 that he could face charges for his association with the prison and the allegations of torture that occurred there.

Congo militia leader found guilty in landmark first ICC verdict

The International Criminal Court (ICC) March 14 issued its first verdict, a unanimous decision that Democratic Republic of Congo (DRC) militia leader Thomas Lubanga Dyilo is guilty of the war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. The three-judge Trial Chamber I found that Prosecutor Luis Moreno-Ocampo established beyond a reasonable doubt that Lubanga, former president of the Union of Congolese Patriots (UPC), coordinated and actively supported the enlistment of child soldiers into his Patriotic Force for the Liberation of the Congo (FPLC) militia, the military wing of the UPC believed to have committed large-scale human rights abuses in Congo's violent Ituri district. Lubanga and his co-perpetrators designed to build an army for the purpose of establishing and maintaining political and military control over Ituri, a plan which resulted in boys and girls under the age of 15 being conscripted and used to participate actively in hostilities in 2002 and 2003. The court determined that Lubanga's contribution was essential to the common plan, that Lubanga personally used children below the age of 15 as his bodyguards, sex slaves and fighters and that he regularly saw guards of other UPC/FPLC staff members who were below the age of 15. Lubanga requested a separate sentencing hearing under article 76(2) of the Rome Statute, and he is entitled to appeal his conviction within 30 days. He faces life imprisonment.

Syria holds constitutional referendum amid Homs violence

Syria held a referendum Feb. 26 to vote on a new constitution. The gesture towards the opposition by President Bashar al-Assad has widely been seen as an empty one, with much of the international community calling it a "sham." The vote comes just one day after 89 people were reportedly killed in Homs, the center of the opposition. The proposed constitution will impose term limits on the president as well as provide for a multi-party system. However, the term limits will theoretically begin once the constitution passes, meaning Assad's previous time in office will not be counted against the term limits.

Somalia ex-PM will not contest war crimes claims in US court

Former Somali prime minister Mohamed Ali Samantar on Feb. 23 accepted legal responsibility for war crimes and crimes against humanity before the US District Court for the Eastern District of Virginia. The civil suit was brought by the Center for Justice and Accountability (CJA) in 2004 against Samantar, who had been living in Washington, DC, for more than 15 years, on behalf of five Somalis under the Torture Victim Protection Act of 1991. The plaintiff Somalis had been granted asylum in the US after being imprisoned and tortured while Samantar was in office under dictator Siad Barre. Samantar said he will not contest his legal responsibility but made clear that by doing this he is not admitting guilt. The CJA said this is the first time anyone will be held legally responsible for the events that occurred during Barre's regime.

US immigration judge rules former Salvador defense minister may be deported

A federal immigration judge in Florida decided Feb. 23 that former Salvadoran defense minister Gen. Carlos Eugenio Vides Casanova can be deported for war crimes and crimes against humanity committed during El Salvador's civil war. Judge James Grim found that Vides assisted in both the killing of four US churchwomen in 1980 and the torture of two Salvadorans, who testified against him in hearings last spring in the Orlando immigration court. Although this was not an official order for Vides' deportation, it is a confirmation that the government has the ability to deport him based on charges brought against him by the Human Rights Violators and War Crimes Unit of the US Department of Homeland Security.

Egypt: court rules parliamentary election process unconstitutional

The High Administrative Court of Egypt ruled Feb. 20 that the voting system used in the recent parliamentary election was unconstitutional. The election was held over three stages from late November to January, and its the elaborate voting system apportioned parliamentary seats between political parties and individuals, with two thirds of the seats going to political parties. Judge Magdy el-Agaty determined the ratio to be in violation of the constitution, that half of the seats should have been held for individuals. Additionally, Agaty stated that political parties should not have been permitted to field candidates for the seats reserved for individuals. During the elections the political parties reported haggled over how many candidates they would field for those seats. It is not clear whether the ruling will lead courts to invalidate the results of the elections, widely viewed as Egypt's freest vote in decades. Agaty has referred parts of the election law to the Supreme Constitutional Court for a final judgment.

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