Jurist

Algeria: government lifts 19-year state of emergency

The Algerian Council of Ministers on Feb. 22 approved a draft ordinance repealing the country's 19-year state of emergency, delivering on a promise made the week before. The draft ordinance will have the force of law upon publication in the Official Journal of Algeria, which the Council of Ministers said would be "imminent." The state of emergency, which has been in place since a series of decrees in 1992, gave the government power to limit political freedoms and even peaceful protests. Opponents also claimed that the state of emergency gave rise to arbitrary detentions.

Federal judge upholds detention of Yemeni Gitmo inmate

A judge for the US District Court for the District of Columbia on Feb. 18 denied a petition for writ of habeas corpus of a Yemeni man currently detained at Guantánamo Bay. Judge Ricardo Urbina held that the government proved by a preponderance of the evidence that Mashour Abdullah Muqbel Alsabri provided material support to the Taliban, al-Qaeda or associated enemy forces. The court found that the petitioner traveled to Afghanistan to fight with the Taliban or al-Qaeda, stayed at Taliban or al-Qaeda guesthouses, received military training at an al-Qaeda facility, traveled to the battle lines and was captured during armed conflict. The court found no evidence that the petitioner dissociated with these enemy forces at any point prior to his capture. These findings taken together, the court said, support the government's contention that the petitioner was lawfully detained. The petitioner was arrested in 2002 and filed his habeas corpus petition in October 2006.

US Defense Secretary says Gitmo closing unlikely

US Defense Secretary Robert Gates said at a congressional hearing Feb. 17 that Guantánamo Bay is unlikely to be closed because of security concerns. Responding to a question from the Senate Armed Forces Committee, Gates said that the odds of closing the detention facility are "very, very low," particularly because of congressional opposition, the difficulty in predicting which detainees are likely to return to terrorist activities and restrictions on detainees being brought to the US for trial under the Ike Skelton National Defense Authorization Act of 2011. Gates made his comments one day after CIA Director Leon Panetta told Congress that, if captured, Osama bin Laden and his second-in-command would probably be sent to Guantánamo Bay. At his first press briefing on Feb. 16, press secretary Jay Carney said that President Barack Obama still aims to close Guantánamo, despite Panetta's comments.

Turkish journalists imprisoned on alleged coup plot ties

Three Turkish journalists allegedly involved with aiding the Ergenekon coup plot were jailed Feb. 18 amid foreign concerns for the treatment of journalists within the country. Members of the Ergenekon plot allegedly planned to assassinate prominent members of Turkey's Christian and Jewish minority groups, blame Islamic terrorists for the deaths and use this to delegitimize the ruling Justice and Development Party (AKP). Soner Yalcin, the owner of Oda TV, an online news website that has been critical of the Turkish government, and two of his colleagues were formally arrested following several days of interrogations. The three were detained during a police raid that followed an eight-month investigation by authorities. US officials have voiced concerns over the treatment of journalists in Turkey, while Turkish officials have warned other countries not to become involved in their domestic matters.

Amnesty International: new evidence of detainee abuse by Egyptian military

Amnesty International (AI) on Feb. 17 released a report asserting new evidence that the the Supreme Military Council of Egypt has been torturing protester-detainees. Through various detainee accounts, AI stated that individuals were tortured "to intimidate protesters and to obtain information about plans for the protests." In addition, protesters contend that they were told to confess that they were trained by the Israeli or Iranian governments. AI's director for the Middle East and North Africa Malcolm Smart stated, "The Egyptian military authorities have committed publicly to creating a climate of freedom and democracy after so many years of state repression. Now they must match their words with direct and immediate action."

Federal judge denies immunity to former Somalia PM

A judge for the US District Court for the Eastern District of Virginia ruled Feb. 15 that former Somali prime minister and defense minister Mohamed Ali Samantar is not entitled to legal immunity from civil lawsuits. Samantar, who has lived in the greater Washington DC area for more than 15 years, was sued in 2004 by two Somali men who alleged he spearheaded a campaign of ethnic repression against the northern Somali Isaaq clan during his tenure in office.

Ecuador: judge orders Chevron to pay $8.6 billion in pollution case

A judge for the Provincial Court of Sucumbios in Ecuador ordered US oil company Chevron to pay $8.6 billion in damages, finding that Texaco, which was acquired by Chevron in 2001, polluted large areas of the country's rain forest. Chevron vowed to fight the ruling, calling it "illegitimate and unenforceable" and "the product of fraud." The plaintiffs' lawyer said he also plans to appeal, after the court awarded far less than the $113 billion for which the plaintiffs reportedly asked. It is unclear when, if ever, the Chevron will pay the judgment. Chevron has no assets in Ecuador, and it recently won rulings from a panel of arbitrators at the Permanent Court of Arbitration in The Hague and a judgment in the US District Court for the Southern District of New York temporarily barring the enforcement of any judgment against Chevron.

Gitmo detainee pleads guilty to terror charges before military tribunal

Sudanese Guantánamo Bay detainee Noor Uthman Mohammed pleaded guilty before a military tribunal Feb. 16 to terrorism charges. Mohammed entered guilty pleas to one count of providing material support of terrorism and one count of conspiracy. The charges against him stem from supposed meetings with al-Qaeda and his service as a weapons instructor and manager at the Khaden military camp in Afghanistan, where hijackers and other members of al-Qaeda trained prior to the 9-11 attacks. Mohammed was charged in May 2008 and has been detained at Guantánamo since his capture in Pakistan in 2002. Prior to the plea agreement, the details of which have not been released, Mohammed faced life in prison if convicted. A jury, consisting of at least five US military officers will now be chosen to issue a sentence in the hearing, set to begin this week.

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