Jurist
US misses transfer deadline for Gitmo detainee
The Trump administration has yet to repatriate Guantánamo detainee Ahmed Muhammed Haza al-Darbi to Saudi Arabia, effectively missing the Feb. 20 deadline established in his 2014 plea deal. Darbi pleaded guilty and admitted (PDF) to involvement in al-Qaeda operations including the 2002 attack on a French-flagged oil tanker near Yemen. In his pre-trial agreement (PDF), it was determined that, contingent on his cooperation, he would be sent back to Saudi Arabia to serve the duration of his sentence. Feb. 20 marked four years from the close of the deal and Darbi was not repatriated to Saudi Arabia.
Afghan forces charged with summary executions
Human Rights Watch (HRW) on Feb. 21 urged the Afghan government and US military to investigate alleged summary executions committed by special forces against civilians in Kandahar province. The executions reportedly took place during military operations spanning from Jan. 31 to Feb. 1. In one instance, during a coordinated attack by a Special Forces Unit of the National Directorate of Security, the NDS troops reportedly killed at least 20 civilians and arbitrarily detained at least 38 men. HRW writes:
Displaced Libyans stranded in the desert
UN Special Rapporteur on the Human Rights of Internally Displaced Persons Cecilia Jimenes-Damar is calling on the government of Libya to protect hundreds of former residents of the town of Tawergha who are currently stranded in the desert. According to the UN, approximately 40,000 Tawarghans were forcefully evacuated in 2011 due to their perceived support for the country's former leader Moammar Qaddafi and their return has since been blocked by armed militia groups acting with the consent of the Libyan government. These militias continue to impede the Tawarghans' return despite an agreement being reached by representatives of the Tawarghans and the Misratan militia group that would have allowed individuals to begin returning home on Feb. 1.
Rights experts demand release of Palestinian girl
Two UN rights experts expressed serious concern on Feb. 13 regarding the arrest and detention of Ahed Tamimi, a 17-year-old Palestinian girl who became famous for slapping an Israeli soldier during a physical confrontation. The statements came as Tamimi appeared before an Israeli military court for the first time. UN Special Rapporteur on the Situation of Human Rights in the Palestinian Territory Michael Lynk and Chair-Rapporteur of the UN Working Group on Arbitrary Detention José Antonio Guevara Bermúdez demanded Tamimi's immediate release during the proceedings and called for future hearings to be held in strict accordance with international legal standards. Tamimi has been in detention in Israel since her arrest at her home in December, where she was filmed physically confronting Israel soldiers at her family's property in Nabi Salah in the Israel-occupied West Bank. The following month, Tamimi was charged with a number of offenses under Israel military law for both the December incident and for others dating back to April 2016.
Trump executive order to keep Gitmo prison open
US President Donald Trump signed an executive order Jan. 30 to continue operations at the Guantánamo Bay detention center. The order states that the facility is "legal, safe, humane, and conducted consistent with United States and international law." Trump's new executive order not only allows for those detained currently to remain detained, but also allows for the US to transport new persons to the facility when lawful and necessary. Trump's order revokes the 2009 order from then-president Barack Obama that was intended to close the facility at Guantánamo and transfer detainees to other detention facilities, their home countries or to a third country. There are currently 41 detainees in custody at Guantánamo.
China: rights lawyer arrested for urging reform
Human rights lawyer Yu Wensheng was reportedly charged Jan. 27 with "inciting subversion of state officials" after writing a letter calling for reform to China's constitution. Yu was arrested outside his home in Beijing nearly two weeks ago for "disrupting a public service," just hours after he wrote an open letter urging democratic changes, including multi-party presidential election. His wife was summoned on Jan. 27, at which time she learned of the more serious incitement charge now against him. Authorities searched Yu's office and residence, and seized documents and data related to his more recent cases. Yu is reportedly being held under "Residential Surveillance in a Designated Location" (RSDL) and is out of communication with his family and attorney. Those held under RSDL can be detained for six months with no outside communication. In addition, the current charge carries a maximum prison sentence of 15 years.
War crime seen in Benghazi mosque attack
Human Rights Watch (HRW) on Jan. 25 condemned the deadly mosque attack in eastern Benghazi two days earlier that left 34 people dead and 90 wounded, the majority civilians including three young children. According to a local hospital source, the car bombs exploded within 15 to 30 minutes of each other in front of the Baya'at al-Radwan Mosque in the Salmani district of Benghazi. The identity of the individuals or group that set the bombs is currently unknown. The first explosion occurred as worshipers were on their way out, after finishing their evening prayers known as "al-Isha," killing three and injuring six. The second explosion, which caused the majority of the casualties, followed the arrival of security forces and volunteer civilians who were helping to evacuate the wounded and dead.
Military judge approves destruction of 'black site'
Military judge James Pohl ruled Jan. 19 that no wrongdoing occurred when he authorized the destruction of a CIA secret prison, or "black site," despite the fact that a protection order was in effect on any remains from the CIA black sites. Prosecutors, citing national security powers, obtained permission from the judge to give defense attorneys photographs and a diagram of the site as a substitute for preservation the actual facility. According to Pohl, defense attorneys failed to show that "the physical evidence is of such central importance to an issue that is essential to a fair trial, or that there is no adequate substitute for the physical evidence." According to the Miami Herald, from 2002-2006, prisoners at the black site were subjected to waterboarding, sexual abuse, and other forms of torture.
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