Jurist

Federal appeals court rules 17-year sentence for Padilla too lenient

The US Court of Appeals for the Eleventh Circuit in Atlanta ruled Sept. 19 that a 17-year sentence was not enough for Jose Padilla, convicted on terrorism-related charges. Padilla and co-defendants Adham Hassoun and Kifah Jayyousi had appealed their convictions, and federal prosecutors appealed the sentence given by US district court Judge Marcia Cooke. Upholding all three convictions and ordering a new sentencing hearing for Padilla, the court explained:

Tunisia to seek return of citizens held at Gitmo

Tunisia announced its intention Sept. 14 to plead for the return of its remaining citizens being held at the Guantánamo Bay detention facility. A Justice Ministry representative, speaking at a conference in Tunis, called for the repatriation of the five Tunisian detainees still being held at the prison and indicated the nation's intention to send a mission to the US to achieve their release. The conference was organized by Reprieve, a British humanitarian and legal action group that seeks to enforce human rights and due process for prisoners worldwide.

Military Court upholds sentence of al-Qaeda media director

The US Court of Military Commission Review on Sept. 9 ruled (PDF) that Ali Hamza Ahmad Suliman al-Bahlul, media secretary of Osama bin Laden, was properly convicted of being a propagandist and should spend the rest of this life in prison. The 7-0 vote rejects the 2009 appeal (PDF) of his conviction and life sentence for conspiring with al-Qaeda, soliciting murder and providing material support for terrorism. His Pentagon-appointed defense lawyers argued that his constitutional rights were violated because a supposed al Qaeda recruitment film he released is protected speech under the First Amendment.

Justice Department condemns unconstitutional conduct of Puerto Rico police

The US Department of Justice (DoJ) on Sept. 8 announced its findings from a three-year investigation that the Puerto Rico Police Department (PRPD) has engaged in repeated unlawful and unconstitutional behavior. The investigation, which began in June 2008, uncovered the PRPD use of excessive and unreasonable force, failure to protect First Amendment rights, and unconstitutional stops, searches and arrests. In its executive summary report (PDF), the DoJ acknowledged that the rights violations corresponded with a period of increased crime and pressure on the PRPD. However, such circumstances did not excuse the misconduct:

Federal appeals court upholds indefinite detention of Gitmo detainee

The US Court of Appeals for the District of Columbia Circuit on Sept. 6 affirmed the 2010 denial of petition for a writ of habeas corpus for Guantánamo Bay detainee Shawali Khan. Khan is an Afghan citizen who, at the time of his capture in mid-November 2002, lived in Kandahar, and is accused of belonging to Hezb-Islami Gulbuddin (HIG), an active Afghan insurgency group with ties to the Taliban. On appeal, Khan contended there is insufficient reliable evidence in the form of government-offered intelligence reports to establish that he was part of HIG at the time of his capture. The court explained its standard of review in evaluating Khan's appeal:

Sudan accused of war crimes in South Kordofan region

Rights groups Amnesty International and Human Rights Watch on Aug. 30 said in a joint press release that they have evidence the Sudanese army has committed war crimes in the country's South Kordofan region. Researchers from the two advocacy groups visited the Nuba Mountain region of South Kordofan where they "documented 13 separate bombing incidents in Kauda, Delami and Kurchi towns alone, in which at least 26 civilians were killed and more than 45 others injured since mid-June." The researchers claim bombings occurred on a continuous basis during their time in the region. They argue that the use of unguided bombs dropped from high altitude on nonmilitary targets is a violation of international human rights law. Amnesty International's Erwin van der Borght called for the UN Security Council to "condemn in the strongest possible terms the ongoing human rights violations in the Nuba Mountains, and mandate an independent inquiry to investigate abuses committed by parties to the conflict in Southern Kordofan since 5 June."

Bolivia: high court convicts seven officials of genocide

The Bolivian Supreme Court of Justice on Aug. 30 convicted seven officials—five military officers and two former cabinet ministers—of committing genocide. The military officials received sentences of 10–15 years while the former cabinet ministers received three-year sentences for complicity in the crime. The convicted leaders are not permitted an appeal. One commander of the army, Juan Veliz Herrera, pleaded innocence, and suggested he was being persecuted for having different political views than the current government. Trials for the genocide began in 2009, when the court began proceedings against former president Gonzalo Sanchez de Lozada (in absentia) for the deaths of 63 protesters in the "Black October" incidents of 2003. He faces 30 years in prison if convicted. A further 17 former government officials face genocide charges related to "Black October."

Syrian forces may be committing crimes against humanity: UN report

Syrian government forces cracking down on the opposition may be committing crimes against humanity, according to a report published Aug. 18 by the UN Office of the High Commissioner for Human Rights (OHCHR). The 22-page report, prepared by the the Fact-finding Mission on Syria, contains allegations of summary executions, killing of unarmed protesters and torture of detainees. According to the report, "[t]he Mission found a pattern of human rights violations that constitutes widespread or systematic attacks against the civilian population, which may amount to crimes against humanity as provided for in article 7 of the Rome Statute of the International Criminal Court." The Fact-finding Mission recommended that the Security Council refer Syria to the International Criminal Court (ICC) for further investigation. The UN Human Rights Council (HRC) is to hold a special session on Syria next week.

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