Jurist

European rights court rejects appeals against Switzerland minaret ban

The European Court of Human Rights (ECHR) on July 8 rejected two appeals from Swiss Muslims challenging Switzerland's ban on construction of minarets. The court ruled that the appeals were inadmissible because the complaints failed to meet the requirements of Article 35 Section 3 and 4 of the European Convention on Human Rights. Specifically, the court found that since the appeals were only meant to challenge a constitutional provision in a general manner in Switzerland, the applicants had failed to show any specific injury. Supporters and opponents were not surprised by the ECHR's decision. Hafid Ouardiri, one of the challengers, characterized his failed challenge as a necessary step and was encouraged by the court's statement that the Swiss courts "would be able to would be able to examine the compatibility of a possible refusal to authorise the construction of a minaret with the European Human Rights Convention."

Yemeni pirate pleads guilty to hijacking that killed four US citizens

A Yemeni man pleaded guilty July 7 to acts of piracy for the hijacking of a US vessel that resulted in the deaths of four US citizens. Mounir Ali pleaded guilty in the US District Court for the Eastern District of Virginia to being involved in the hijacking of a US yacht called Quest, in which four Americans were taken hostage and later killed by the pirates. They were the first US citizens to die in the recent wave of international maritime piracy. Ali admitted that he willingly joined four other men in a pirated Somali ship as they attempted to hijack the US vessel. He noted in his plea agreement that he personally did not shoot any of the hostages nor did he order them be shot. Neil MacBride, US Attorney for the Eastern District of Virginia, said Ali, "admitted today that his greed for ransom money ultimately led to the cold-blooded murder of the four US hostages. This latest guilty plea again shows that modern piracy is far different than the romantic portrayal in summer-time movies. Pirates who attack on US citizens on the high seas will face justice in a US courtroom."

Georgia to appeal immigration law ruling

Georgia Attorney General Sam Olens filed a notice of appeal in the US District Court for the Northern District of Georgia on July 5, stating that he plans to appeal the recent injunction of the state's controversial immigration bill. Judge Thomas Thrash issued a preliminary injunction for the plaintiffs—the American Civil Liberties Union (ACLU), the National Immigration Law Center (NILC) and other rights groups—last week. Thrash granted the injunction request for sections 7 and 8 of HB 87, saying that the plaintiffs would face irreparable harm should the law take effect and that the public interest weighed in favor of issuing the injunction. The bill, which was scheduled to take effect on July 1, allows law enforcement officers to ask about immigration status when questioning suspects in criminal investigations. The law also imposes fines and prison sentences of up to one year for anyone who knowingly transports illegal immigrants during the commission of a crime, and requires businesses to use the federal E-Verify system to check the immigration status of potential employees, providing that workers convicted of using fake identification to gain employment could face up to 15 years in prison and $250,000 in fines. Georgia's appeal will be filed within the week in the US Court of Appeals for the Eleventh Circuit.

UN expert warns new El Salvador law harms judicial independence

UN Rapporteur on the independence of judges and lawyers Gabriela Knaul warned July 2 that a new law in El Salvador requiring its high court to issue unanimous judgments is an "attack" on judicial independence and the separation of powers. The law, passed by the Legislative Assembly and issued by the president (as Decree 743), places requirements on the judgments of the Constitutional Chamber of the Supreme Court. Knaul said that requiring unanimous rulings will harm the judges' ability to function effectively. She stated:

Lebanon tribunal files indictment against Hezbollah members in Hariri case

The UN Special Tribunal for Lebanon (STL) on June 30 released to Lebanese authorities an indictment with four arrest warrants in relation to the assassination of former Lebanese prime minister Rafiq Hariri. The warrants were issued for Mustafa Badreddine, Salim al-Ayyash, Hasan Aineysseh and Asad Sabra, who are alleged members of Hezbollah. Lebanon has 30 days to arrest the suspects before the STL personally summons them and makes the indictment public. In a press conference, Prime Minister Najib Mikati stated that "the indictments, from whatever source, [are] not sentences, and the charges need to contain compelling evidence beyond any doubt, and that every defendant is innocent until proven guilty." Many have interpreted this statement as an indication that Hezbollah members will not be arrested. Although Mikati was endorsed in the election by Hezbollah, he said he will not "take sides."

ICC prosecutor urges Qaddafi aides to implement arrest warrant

International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo on June 28 urged personal aides of Libyan leader Moammar Qaddafi to implement the ICC arrest warrants issued the previous day. Moreno-Ocampo called on the aides to arrest Qaddafi, his son Saif al-Islam Qaddafi, the "de facto Prime Minister," and his brother-in-law Abdullah al-Sanussi, the head of intelligence, for alleged crimes against the people of Libya, saying the aides could be "part of the solution."

UN applauds arrest of Guatemala genocide suspect

The UN on June 24 announced its approval of the arrest of a former top Guatemalan military figure accused of genocide, war crimes and crimes against humanity. Gen. Hector Mario López Fuentes, former chief of staff of Guatemalan armed forces from 1982-1983, is accused of directing military attacks against citizens, namely indigenous Mayans. Villages were destroyed and women and girls were systematically raped under his authorization. Fuentes was arrested a week earlier and charged for his involvement in Guatemala's 36-year civil war. Margot Wallstrom, the Secretary-General's Special Representative on Sexual Violence in Conflict, applauded the arrest:

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:

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