Jurist
UN secretary general condemns Bahrain for activist sentences
UN Secretary-General Ban Ki-Moon on June 23 condemned a Bahraini court for sentencing 21 human rights advocates, political activists and opposition leaders to harsh punishments. The court sentenced the protestors to lengthy prison sentences, including life terms. Ban urged Bahraini authorities to comply with international human rights obligations such as ensuring the right to due process and a fair trial and permitting the defendants to appeal their sentences. A spokesperson for the secretary-general relayed Ban's sentiments about how Bahraini authorities should proceed:
Federal appeals court allows 9-11 suit against NY-NJ Port Authority
The US Court of Appeals for the Second Circuit on June 21 permitted a lawsuit against the Port Authority of New York and New Jersey (PANYNJ) arising out of the terror attacks of Sept. 11, 2001 to proceed. An electrical substation at the base of 7 World Trade Center (7 WTC) was destroyed when the building collapsed during the aftermath of the 9-11 terror attack. The substation was operated by Con Edison, a company that leased property from the Port Authority. Con Edison brought the action against PANYNJ for negligence in construction and design and breach of contract in 2002, arguing that the diesel fuel tanks PANYNJ had improperly allowed its tenants to use accelerated the building's collapse.
Mexico, Central American countries join challenge to Georgia immigration law
The governments of Mexico and several other countries, along with the Anti-Defamation League filed amicus briefs on June 16 in support of the American Civil Liberties Union (ACLU) class action lawsuit against Georgia's new immigration law. Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Peru all filed briefs in support of the ACLU. In its brief, Mexico said the law will irreparably harm diplomatic interests between the US and Mexico. The suit is scheduled for its first hearing next week, where Judge Thomas Thrash is expected to rule on the ACLU's request for an injunction and Georgia's motion for dismissal.
Morocco: king announces constitutional reforms
King Mohammed VI of Morocco on June 17 announced changes to the constitution which would transfer some of the political power held by the king to elected officials. The proposed changes would instill more authority in the country's prime minister, who would be given the power to appoint government officials as the "president of the government." The reforms would also ensure that the prime minister is the leader of the largest party in parliament, as opposed to being selected by the king. Mohammed said that if these reforms were approved, it would represent a transition to democratic institutions for Morocco. Mohammed would still retain certain important powers as chair of the Council of Ministers and the Supreme Security Council, leaving him control over the country's security, military and religious institutions.
Indonesia: cleric sentenced to 15 years in prison on terror conviction
Indonesian cleric Abu Bakar Bashir was sentenced June 15 to 15 years in prison for his involvement with a terrorist training camp in the province of Aceh to prepare Islamic radicals to carry out attacks in Jakarta. Prosecutors said Bashir provided more than $62,000 to the group, which was allegedly planning attacks modeled after the 2008 Mumbai terror attacks and targeting high-profile members of the Indonesian government. Bashir was found guilty of inciting terrorism. He was not convicted, however, of funding terrorist activities because there was not enough evidence to prove Bashir's money contributed to purchasing guns for use at the training camp. The 72-year-old said he would appeal the sentence because it ignores Sharia law.
Federal judge overturns release of Yemeni Gitmo detainee
A judge for the US Court of Appeals for the District of Columbia Circuit on June 10 overturned the release of Yemeni Guantánamo Bay detainee Hussein Salem Mohammed Almerfedi. After his capture in 2001 and detention at Guantánamo Bay, Almerfedi filed a petition for a writ of habeas corpus which was granted by a lower court. The government had argued that Almerfedi was a supporter of al-Qaeda because of his travels to Pakistan that indicated strong ties to the group. However, the court concluded that the government had not met its burden to show by a preponderance of the evidence that Almerfedi was part of al Qaeda. The appeals court, however, found that the government had met its burden of proof by a preponderance of evidence that Almerfedi was, in fact, part of al-Qaeda:
Patriot Act extended through 2015
US President Barack Obama signed a four-year extension of the Patriot Act late on May 26, minutes before it was set to expire. The bill passed the US Senate 72-23, and shortly after passed the US House of Representatives by a vote of 250-153. Although major congressional leaders of both parties had agreed to a clean extension of the act last week, delays were met when Sen. Rand Paul (R-KY) filibustered the bill over the lack of an amendment process and serious concerns about privacy. After three days of filibustering, Paul received votes on two amendments that ultimately failed, both related to the ability of security officials to survey gun purchases. Controversial provisions renewed include provisions allowing the government to use roving wiretaps on multiple carriers and electronic devices and allowing the government to gain access to certain records relevant to its investigations. The "lone wolf" provision enables investigators to get warrants to conduct surveillance over targets not connected to any particular terrorist group.
Federal appeals court denies habeas for Yemeni Gitmo detainee
The US Court of Appeals for the District of Columbia Circuit on May 27 affirmed a lower court's decision confirming that Yemeni Guantánamo Bay detainee Musa'ab Omar al-Madhwani is lawfully detained for being part of al-Qaeda. Madhwani challenged the denial of 2004 petition for writ of habeas corpus by the US District Court for the District of Columbia claiming that there was insufficient evidence to find that he was part of al-Qaeda and that the district court improperly relied on evidence outside the record, abused its discretion in denying additional discovery and committed various legal errors, including due process violations. The court supported the use of the "command structure" test employed by the district court as "sufficient to show that a person is part of al-Qaeda" in response to Madhwani's arguments against using an erroneous legal standard where only preponderance of evidence is needed to detain someone in connection with al Qaeda. Examining the evidence de novo, the appeals court found that:

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