Jurist
Bangladesh arrests fugitive in assassination of founder
Bangladeshi counter-terrorism authorities announced the arrest in Dhaka April 7 of Abdul Majed, who faces the death penalty for involvement in the 1975 assassination of the country's founder, Sheikh Mujibur Rahman. Independence leader "Bangabandhu" Rahman served as the country's first prime minister from 1971 until the 1975 coup in which he was killed along with his family. Only his daughters Sheikh Hasina Wazed and Sheikh Rehana Siddiq survived, as they were in West Germany at the time. Although forbidden from returning to Bangladesh during the subsequent 15-year period of military rule, Sheikh Hasina became prime minister in 1997 and then again in 2009. Majed has publicly admitted his involvement in the massacre, but, like the others involved, faced no legal consequences during the period of military rule. After Sheikh Hasina first became prime minister, Majed went into hiding. In 1998, he was tried in absentia and sentenced to death. The Supreme Court of Bangladesh in 2009 upheld the sentences of Majed and 11 others convicted in the case. In 2010, five of the convicts were hanged; five remain at large, and one has died of natural causes.
Netherlands to pay over Indonesia atrocities
The Hague District Court on March 25 ordered the Netherlands to pay compensation to the relatives of 11 men executed by Dutch soldiers in South Sulawesi in 1946 and 1947, during the 1945-49 Indonesian War of Independence. Ten of the cases under consideration were found to be summary executions; there was one case in which a man was randomly shot. The largest compensation, in the form of intangible damages of €10,000, was awarded to a man who witnessed his father's summary execution when he was a child. The relatives of other men were awarded material compensation for lost livelihood, varying from €123.48 to €3,634. The court explained that the amounts are low because many of the executed men were farmers who only earned about €100 a year. This judgment follows a series of “Indonesia cases,” which the Dutch courts have been hearing since 2011.
EU court rules three countries violated asylum deal
The European Court of Justice (ECJ) ruled April 2 that Poland, Hungary and the Czech Republic failed to uphold their obligations regarding refugee quotas as required by law. The countries could face financial penalties for their actions. In 2015 EU leaders established a refugee relocation program in response to the large numbers of asylum-seekers from war-torn Syria and elsewhere in the Middle East. EU countries were supposed to apportion a share of asylum-seekers among those that arrived in Greece and Italy. Poland and the Czech Republic, according to the ECJ, "failed to fulfill their obligations under European Union law" by not accepting the number of refugees they had promised.
Demand detainee release amid COVID-19 outbreak
The American Civil Liberties Union (ACLU) on March 24 filed a lawsuit against US Immigration & Customs Enforcement (ICE) calling for the immediate release of at-risk immigrant detainees in the face of the COVID-19 outbreak. The suit was brought on behalf of 13 immigrants that are currently held in California detention centers. The suit calls for the immediate release of these immigrants due to their "advanced age and underlying medical conditions" that make them "especially vulnerable to the potentially fatal COVID-19 infection while they are confined in crowded and unsanitary conditions where social distancing is not possible." The plaintiffs suffer from conditions such as diabetes, severe asthma, high blood pressure, gout, hypothyroidism, severe anemia and more.
DoJ seeks new powers during COVID-19 outbreak
The Department of Justice has called on Congress to grant the US Attorney General emergency powers during the COVID-19 pandemic, according to a Politico report March 21. The proposal would allow federal judges to pause court proceedings, giving them the ability to detain people indefinitely without trial. Critics such as Norman L. Reimer, director of the National Association of Criminal Defense Lawyers, are raising concerns over violation of habeas corpus rights. Reimer said the proposal "means you could be arrested and never brought before a judge until they decide that the emergency...is over. I find it absolutely terrifying."
Mexico: arrest orders issued for Ayotzinapa investigators
A Mexican judge on March 18 issued an arrest warrant for Tomas Zerón, the former head of criminal investigations for the Prosecutor General's Office, and five other former officials for alleged violations in the investigation of the case of 43 college students who disappeared in 2014. The students from the rural teacher's college at Ayotzinapa, Guerrero state, were determined to have been seized by police in September of that year. Although DNA testing only successfully identified one missing student from unearthed remains, officials presumed in 2015 that all 43 were dead. Many of the suspects arrested in the case were later released, and several claimed they had been tortured by police or the military. The investigation was widely criticized, and the current administration pledged to re-open the case.
ICC approves Afghanistan war crimes investigation
The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into allegations of war crimes committed by both sides in the Afghanistan conflict. The investigation will focus on "alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan." The Pre-Trial Chamber had rejected a request to open an investigation last year, but the prosecutor appealed based on Article 15 of the Rome Statute. The appeal attempts to resolve the apparent disparity between Article 15, mandating investigations when a prosecutor provides a "reasonable basis to proceed," and Article 53, which allows the court discretion in the interest of justice.The Appeals Chamber’s decision overturned the Pre-Trial Chamber's ruling on the grounds that the determination that the investigation "would not serve the interests of justice" and was an abuse of discretion.
Suit challenges fund diversion for border wall
Three groups filed suit against the Trump administration on Feb. 29 in federal court over the administration's diversion of funds allocated to the Department of Defense for border wall construction. The Trump administration has announced its plan to use $3.6 billion in military construction funds and $2.5 billion in other military funds for wall construction. The administration is attempting to use these funds despite Congress' exclusive appropriation of $1.375 billion for border wall construction under the Consolidated Appropriations Act of 2019. When President Trump signed the CAA into law, he also issued Proclamation 9844, declaring a national emergency along the southern border. The American Civil Liberties Union (ACLU), Sierra Club, and Southern Border Communities Coalition sued, asking the US District Court for the Northern District of California to block the diversion of the funds. They claim that as Congress did not appropriate the funds for border wall construction, the president's actions usurp the constitutional budget allocation powers of the Legislative Branch.
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