Jurist

Federal judge rules US may continue holding Yemeni Gitmo detainee

A judge in the US District Court for the District of Columbia on March 24 denied a Yemeni Guantánamo Bay detainee's habeas corpus petition on its merits, allowing the US government to prolong the detention indefinitely. Detainee Makhtar Yahia Naji al Warafi was captured during the 2001-2002 US campaign in Afghanistan and maintains that he was only a medical clinic worker at the time. The US alleges that Pentagon intelligence demonstrates Warafi was a trained jihadist. The order by judge Royce Lamberth cites a classified memorandum containing details of the reasoning, which was filed with the court security officer.

US transfers three Gitmo detainees to Georgia

The US Department of Justice (DoJ) announced March 23 that three Guantánamo Bay detainees had been transferred to the country of Georgia. The transfer was approved by unanimous consent of the Guantánamo Review Task Force, an inter-agency group that reviewed several factors regarding the detainees, including security. The identities of the released detainees are being withheld due to security and privacy concerns. The DoJ stated that the US "is grateful to Georgia for its willingness to support US efforts to close the Guantanamo Bay facility." More than 580 detainees have been transferred from Guantánamo Bay since 2002. With the departure of these last three detainees, 183 detainees remain in the military prison.

Federal judge orders release of Gitmo detainee accused in 9-11 attacks

A judge in the US District Court for the District of Columbia on March 22 ordered the release of a Guantánamo Bay detainee who had been accused of planning the 9-11 attacks. Mohamedou Ould Slahi, a Mauritanian who has been in US custody for over seven years, brought a habeas corpus petition, claiming that he had been tortured in prison and had made confessions under duress. Slahi was once considered a key al-Qaeda leader and prosecutors had sought the death penalty against him. However, a prominent government prosecutor stepped down from the case in protest of the abusive treatment allegedly used against Slahi. The judge's decision is currently classified, although the court suggested that the files will become available at a future date.

Supreme Court declines to rule on Gitmo detainee transfer process

The US Supreme Court on March 22 declined to rule in the case known as Kiyemba II, in which the court was asked to consider issues surrounding the transfer of Guantánamo Bay detainees. Lawyers for four Chinese Muslim Uighurs detained at Guantánamo were appealing an April 2009 ruling by the US Court of Appeals for the District of Columbia Columbia Circuit, which held that US courts cannot prevent the government from transferring Guantánamo detainees to foreign countries on the grounds that detainees may face prosecution or torture in the foreign country. The case is separate from a case the court remanded to the DC circuit court earlier this month, known as Kiyemba I.

Iraq: ruling coalition alleges electoral fraud

The State of Law Coalition led by Iraqi Prime Minister Nouri al-Maliki on March 17 asked the Independent High Electoral Commission (IHEC) to recount ballots cast in the March 7 parliamentary election, alleging fraud. State of Law spokesperson Ali al-Adib claimed that the ballots were manipulated by the manager of an electronic counting center who is allegedly linked to the rival Iraqiya bloc, led by former prime minister Iyad Allawi.

France: court orders far-right anti-Islamic posters removed

A court in Marseilles March 12 ordered that anti-Islamic campaign posters put up by the far-right National Front be taken down. The posters, proclaiming "No to Islamism," depict a fully veiled woman standing next to a map of France with the pattern of the Algerian flag on it, and are directly inspired by Swiss posters deployed during the referendum on minarets. The court held them to constitute an unlawful disturbance of public order. In a press release, the party denounced the decision as "a serious violation of the freedom of opinion and of speech during an election period" and said it will appeal against it. The Algerian government had issued a complaint about the posters.

Bosnia indicts Serb police commander for alleged role in Srebrenica massacre

The Bosnia and Herzegovina (BiH) war crimes court indicted the former Serb commander of a special police brigade March 13 for his alleged role in the 1995 Srebrenica massacre during the Bosnian civil war. The BiH prosecutor accuses Nedjo Ikonic of participating in the killing of thousands of Muslim men and boys including more than one thousand who escaped Srebinaca but were detained in a warehouse in the nearby village of Kravice. Ikonic was extradited to BiH in January after he was arrested on an international arrest warrant. Three other former Bosnian Serb policemen have been indicted on charges of genocide for their alleged roles massacre.

Serbian police arrest nine suspected of Kosovo war crimes

Spokesperson for Serbia's Office of the War Crimes Prosecutor Bruno Vekaric announced March 13 the arrest of nine individuals suspected of committing war crimes during the 1998-1999 Kosovo war. The nine, members of the Serbian paramilitary group Sakali, are accused of the systematic murders of 41 ethnic Albanians in May 1999. In all, roughly 200 civilians residing in and around the village of Cuska are believed to have been killed by these and 15 other suspects. Those in custody are scheduled to appear before an investigative judge.

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