Jurist

US transfers Gitmo detainee to Algeria a year after habeas order

The US Department of Defense (DoD) announced Jan. 6 that Guantánamo Bay detainee Farhi Saeed Bin Mohammed was transfered to his native Algeria pursuant to a court order from November 2009. The DoD said it had successfully transferred Farhi after the inter-agency Guantánamo Review Task Force aapproved the transfer following a comprehensive review considering, especially, the security issues. The DoD worked closely with the government of Algeria to transfer Farhi safely and securely. Farhi's lawyers had fought the transfer back to Algeria out of fear that he would be tortured and mistreated. It is unclear whether Farhi is currently in jail in Algeria.

Spanish judge launches probe into Iraq refugee killings

Spanish National Court judge Fernando Andreu on Jan. 4 issued a writ to pursue an investigation against Iraqi Lt. Gen. Abdol Hossein al-Shemmari for allegedly ordering a July 2009 strike against Iranian exiles at Camp Ashraf in which 11 unarmed civilians were killed, 36 were detained and approximately 500 were injured. Most of the citizens of the camp are members of the People's Mojahedin Organisation of Iran (MEK), the largest Iranian opposition organization, whose members are considered protected persons under the Geneva Conventions.

Afghanistan: president orders tribunal to hear election fraud complaints

Afghan President Hamid Karzai issued a decree Dec. 26 allowing the country's Supreme Court to go forward with its plan to set up a tribunal to hear complaints of fraud during the September parliamentary elections. The tribunal brings doubt over the legitimacy of the elections, already tainted by irregularities that forced authorities to invalidate a significant number of votes and disqualify candidates. The decision comes less than a month before the 249-seat parliament is set to convene on Jan. 20, but officials say Karzai is committed to inaugurating the parliament by then.

US denies Poland request for assistance in CIA prison probe

The Helsinki Foundation for Human Rights announced Dec. 28 that the US government has refused to provide legal cooperation to Polish prosecutors investigating whether Saudi terror suspect Abd al-Rahim al-Nashiri was tortured in a secret CIA prison in Poland. According to the letter sent by Polish prosecutors to the Helsinki Foundation, the US government denied the March 2009 request on the basis of a bilateral agreement on the protection of state interests.

White House acknowledges Gitmo to remain open for foreseeable future

Detainees will continue to be held at the detention center at Guantánamo Bay for the foreseeable future, White House press secretary Robert Gibbs acknowledged Dec. 26 on CNN's "State of the Union." The statement comes almost one year after the Obama administration missed its self-imposed January 2010 deadline to close the facility. Gibbs also stated that in addition to the use of civilian courts and military commissions, some detainees would have to be indefinitely detained:

UK settles with Gitmo detainees over torture allegations

The UK government on Nov. 16 announced a settlement with 16 Guantánamo Bay detainees over allegations of torture. Details of the settlement agreement, which are legally bound to a confidentiality agreement, have not been released, although at least seven detainees are expected to receive compensation, with at least one receiving over one million pounds. In return, the 16 detainees—12 of whom had filed suit and four of whom were planning to—agreed to drop a lawsuit against MI5 and M16, Britain's domestic and overseas intelligence agencies, respectively. Although many of the detainees receiving settlement are British citizens, some are not and may be offered asylum as part of the settlement. At least one is still detained in Guantánamo Bay.

Lebanon: military court convicts cleric on terrorism charges

A Lebanese military court on Nov. 12 convicted cleric Omar Bakri Mohammed of terrorism and sentenced him to life in prison. Bakri was found guilty of belonging to an armed group that plotted to carry out terrorist acts against Lebanese soldiers and was sentenced along with 54 others who fought in clashes with the Lebanese army in 2007. Tried and convicted in absentia, Bakri was reportedly surprised when his lawyer informed him of the verdict. He claims to have never received a summons or an arrest warrant. As Bakri lives openly in Tripoli, a city in the north of Lebanon, and appears regularly on television, it is not immediately clear why he was not arrested. Bakri maintains that the charges are fabricated and has refused to turn himself in.

No charges to be filed in CIA videotape destruction case

No criminal charges will be brought against Central Intelligence Agency (CIA) officials for destroying videotapes of controversial interrogations of terror suspects during the Bush administration, a federal prosecutor announced Nov. 9. US Department of Justice special prosecutor John Durham "has concluded that he will not pursue criminal charges for the destruction of the interrogation videotapes," said DoJ spokesperson Matthew Miller.

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