Jurist

Oklahoma Islamic law ban challenged

The Oklahoma chapter of the Council on American-Islamic Relations (CAIR) filed a lawsuit Nov. 4 challenging the constitutionality of State Question 755, which amends the state constitution to ban the use of Islamic or international law in state court decisions. The suit, filed in the US District Court for the Western District of Oklahoma, seeks to block the Oklahoma State Board of Elections from certifying this week's election results, in which voters approved the measure by a vote of 70 to 30%. CAIR argues that the law violates the Establishment Clause of the First Amendment. The law would prevent Oklahoma courts from "look[ing] to the legal precepts of other nations or cultures," requiring them only to look to legal precedents of other states for guidance, provided that state does not use Islamic law.

DC Circuit orders further review of Gitmo detainee release order

A three-judge panel for the US Court of Appeals for the District of Columbia Circuit on Nov. 5 ordered further review of a lower court decision to release Guantánamo Bay detainee Mohamedou Olud Slahi, allegedly linked to the 9-11 terrorist attacks. The order vacated US District Court Judge James Robertson's decision to release Slahi and remanded the case, instructing the court to conduct further review to see if Slahi has abandoned ties to al-Qaeda, to which he swore an oath of allegiance in the early 1990s.

Omar Khadr sentenced by military jury

A panel of seven senior US military officers on Oct. 31 sentenced Canadian Guantánamo Bay detainee Omar Khadr to 40 years in prison, but Khadr will serve no more than eight years under the terms of a guilty plea agreement. Khadr pleaded guilty last week to all five charges against him, including murder, attempted murder, conspiracy, providing material support for terrorism and espionage, agreeing to serve an eight-year sentence. He will serve only one year of his sentence at Guantánamo and will then be able to apply to be transferred to Canada and will be eligible for parole after serving one-third of his sentence. According to a diplomatic note agreement the US and Canada, Khadr's application will be "favorably" considered.

Somalia's parliament approves new PM following constitutional dispute

Somalia's parliament on Oct. 31 voted 297-92 to approve new Prime Minister Mohamed Abdullahi Mohamed, after several delays due to a constitutional dispute over the confirmation procedure. Somali President Sharif Sheikh Ahmed Sheikh Mahmud had argued that due to the silence of the Somali Transitional Federal Charter on confirmation procedures, Somalia's 1960 Constitution must control, which states that all confirmations must be expressed by open vote. Speaker of Parliament Sharif Hassan Sheikh Aden disputed this, pushing for a secret ballot. Supporters of Abdullahi say he may have a better chance than predecessors of controlling Islamist insurgents and pirates the come from the country.

Kuwait appeals court upholds acquittal of accused al-Qaeda militants

A Kuwaiti appeals court on Oct. 28 upheld the acquittal of eight men accused of attempting to form an al-Qaeda cell and planning to attack a US base 70 miles south of Kuwait City. The men were tried and acquitted by a lower court in May, with two of the men, Mohsen al-Fadhli and Mohammad al-Dossari, being acquitted in absentia. Al-Fadhli has been wanted by Kuwaiti security forces for the past five years, and al-Dossari is standing trial in Lebanon on charges of terrorism. Five of the remaining defendants were released from custody following the original acquittals, while the sixth defendant is currently serving a life sentence on unrelated terror charges. The court of appeals also upheld the lower court's ruling that the men had been tortured by the Kuwaiti security service. Adel Abdulhadi, a lawyer for the acquitted men, said that the defense team was considering suing the interior ministry for the alleged torture. The prosecution still has the option of appealing the acquittals to Kuwait's highest court, although they have not yet indicated whether they will do so.

Ninth Circuit strikes down Arizona voter registration law

A three-judge panel for the US Court of Appeals for the Ninth Circuit on Oct. 25 struck down a portion of an Arizona law requiring proof of citizenship for voter registration. The court held that the law, Proposition 200, was inconsistent with the National Voter Registration Act of 1993 (NVRA), which was passed with the intent of increasing voter registration and removing barriers to registration imposed by the states. The NVRA requires voters to attest to the validity of the information on their registration form, including their citizenship, but does not require them to provide additional proof of citizenship. Proposition 200 went beyond the federal statute, requiring applicants to show proof of citizenship before registering to vote.

Poland: prosecutors grant Gitmo detainee victim status

Prosecutors investigating the secret CIA prison in Poland on Oct. 27 gave Saudi terror suspect Abd al-Rahim al-Nashiri victim status, recognizing the validity of his claims that he was mistreated by interrogators. According to ex-CIA officials, al-Nashiri, accused of bombing the USS Cole, was tortured by the agency at the secret prison in Poland. Granting al-Nashiri victim status will grant the detainee more rights and allow his lawyers to participate in the proceedings.

Spain: police on trial for alleged torture of ETA members

A group of 15 Spanish police officers went on trial Oct. 26 in Guipúzcoa Provincial Court, in the northern Basque country, for the torture of two ETA activists. The alleged victims, Igor Portu and Mattin Sarasola, were convicted and sentenced to 1,040 years in prison in the 2006 Madrid airport bombing that killed two people. Portu and Sarasola claim police mistreated them physically and psychologically. The Guardia Civil police force maintains the two were trying to escape, and that limited use of force was necessary. Prosecutors seek two to three years in prison for the accused officers.

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