Jurist

New York court declines to force probe of Gitmo prison psychologist

A New York judge on Aug. 11 dismissed a suit seeking to force an investigation of New York-licensed Guantánamo Bay psychologist Dr. John Leso for his development of "interrogation techniques." The Center for Justice and Accountability (CJA) and the New York Civil Liberties Union (NYCLU) sued the New York State Department of Education Office of Professional Discipline (OPD) last year to force a professional misconduct investigation. The OPD filed a motion to dismiss the case for lack of standing:

California unlikely to meet deadline to reduce prison population: report

California's Legislative Analyst's Office released a status report on Aug. 5 concluding that California is unlikely to meet the US Supreme Court's two-year deadline to reduce the state's prison population by 34,000 inmates. California's prisoner realignment plan, which entails shifting thousands of low-level offenders to county jails, could reduce the prison population by 32,000 inmates—still a few thousand inmates short of decreasing the 180% prison capacity to the mandated 137.5% capacity, by June 27, 2013. The report states that despite statutory sentencing changes, out-of-state transfers, the construction of new prisons, and the realignment of certain adult offenders and parolees, California is urged to request additional time to comply with the order. The number of inmates currently in California prisons is approximately 143,500, about a 19,000 inmate reduction from 2006.

Convicted Abu Ghraib ringleader released early

The convicted ringleader of abuses committed at Abu Ghraib prison in Baghdad was released Aug. 6 after serving more than six-and-a-half years of his 10-year sentence. Army Spc. Charles Graner, who was being held at the US Disciplinary Barracks at Fort Leavenworth, was released early as a result of earning days off for good behavior. Graner was convicted in 2005 of conspiracy, assault, maltreating prisoners, dereliction of duty, and committing indecent acts and received the longest sentence of the six others involved in the abuses. In May 2010, the US Court of Appeals for the Armed Forces heard arguments in the appeal of his 10-year sentence and affirmed his conviction the following month. Graner will remain under military supervision until 2014.

Israel: Supreme Court orders watershed removal of West Bank settlement outpost

The Supreme Court of Israel on Aug. 2 issued for the first time an order for the Israeli government to dismantle an illegal outpost in the West Bank. The order calls for Migron, the largest "illegal" outpost in the West Bank, to be razed by the end of March 2012. The action came as the result of a petition filed by Peace Now in 2006 calling for the court to order Migron to be dismantled. In response the government had decided to remove the flagship settlement outpost (established by the Binyamin Regional Council) by August 2008, but later reached a compromise with settlers that delayed the razing until the state could build them a new neighborhood in a nearby settlement. However, the delay only allowed more houses to be built, and the Court noted during deliberations that the intended two-year postponement had actually turned into an indefinite delay.

Cuba high court upholds US contractor's 15-year sentence

The supreme court of Cuba (officially, the Supreme Popular Tribunal) on Aug. 5 upheld a 15-year sentence for Alan Gross, a US citizen accused of "acts against the independence or integrity of the state." Gross was arrested in 2009 and has served 20 months of his sentence for his work as a consultant for Development Alternatives Incorporated (DAI), a business that contracts with the US Agency for International Development (USAID). Gross claims that he was aiding the Cuban Jewish community to achieve unfiltered Internet access by distributing various communications devices, while the Cuban government alleges that he was creating internal networks to foment protests on behalf of the US government.

Guatemala: court sentences ex-soldiers to over 6,000 years in prison

A Guatemalan court on Aug. 2 convicted and sentenced four former soldiers to 6,060 years in prison each on war crimes charges related to the 1982 Dos Erres massacre. Carlos Antonio Carias, Manuel Pop, Reyes Collin and Daniel Martínez were convicted of crimes against humanity for being members of a military force that killed more than 250 people in the village of Dos Erres during the 36-year Guatemalan civil war, though the men were ultimately held accountable for only 201 deaths. Three of the men were members of a special forces unit known as the Kaibiles, which is alleged to have played a role in the massacre. The military force was attempting to put down insurgents during Guatemala's military rule under Gen. Efrain Rios Montt. The men pleaded not guilty to the war crimes charges at the start of the trial last week, arguing that they were not stationed with the group that carried out the atrocities at Dos Erres. Twenty-three witnesses, including former military officials and survivors, testified at trial.

Venezuela to release 40% of prisoners to reduce overcrowding

Venezuelan Minister for Prisons Iris Varela announced July 31 that she plans to release up to 40% of the country's prisoners in an effort to reduce prison overcrowding. Varela, who was appointed to the position by Venezuelan President Hugo Chávez last week, said roughly 20,000 inmates who had committed minor crimes and who posed no danger to society would be conditionally released. Prison authorities will begin determining which inmates could be eligible for release starting this week. Varela's appointment, as well as the latest measures to reduce prison overcrowding, come in response to a deadly uprising at El Rodeo prison in Guatire, Venezuela. Over 25 people died during the June riot and stand-off when armed prisoners clashed with National Guard troops. Chávez has set aside nearly $100 million for reforming the Venezuelan prison system, which is notoriously overcrowded.

War crimes trial over Guatemala massacre begins

Four former Guatemalan soldiers pleaded not guilty July 26 as the first war crimes trial over the 1982 Dos Erres massacre opened in the Central American nation's capital. Carlos Antonio Carias, Manuel Pop, Reyes Collin and Daniel Martínez are accused of being members of a military force that allegedly killed more than 250 people in the village of Dos Erres in 1982 during the country's 36-year civil war. Three of the men were members of a special forces unit known as the Kaibiles, at least part of which is alleged to have played a role in the massacre. The military force was attempting to rout out insurgents during Guatemala's military rule under Gen. Efrain Rios Montt. The four men pleaded not guilty arguing that they were not stationed with the group that carried out the atrocities at Dos Erres. They are accused of killing 201 farmers. There are also allegations that many women and girls in Dos Erres were raped and killed during the massacre. The Guatemalan civil war resulted in more than 200,000 deaths, mostly among Guatemala's large indigenous Mayan population. According to a UN report released in 1999, the military was responsible for 95 percent of those deaths.

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