Jurist
Spain: court begins hearings on Syria war crimes
Hearings began in Spain on April 10 regarding potential war crimes committed by President Bashar Assad's regime in Syria. The case is a result of a Spanish national's brother being abducted and tortured in Damascus before being executed in 2013. The family claims that the brother was not part of an opposition group and just a truck driver making a delivery. The family was able to identify the body after a forensic photographer smuggled the photos out of Syria. The photographer may testify in the case next month. The investigation involved nine of Assad's closest aides but not Assad himself due to his immunity. Spain is the first to hold a criminal investigation of potential war crimes into Syria, as Russia has blocked referral of the Assad regime to the International Criminal Court.
Tunisia: DJ gets prison for offending public morality
A Tunisian court sentenced British DJ Dax J to a year in prison on April 6 for "public indecency" and "offending public morality" after the artist played a remix of the Muslim call to prayer in a nightclub. The nightclub was subsequently shut down and charges were filed against the club's owner and the organizer of the event where Dax J was playing. These charges were subsequently dropped, but the prosecution appealed the dropped charges claiming the owner and organizer still maintain liability. Tunisia's religious affairs ministry commented on the charges and conviction saying: "Mocking the opinions and religious principles of Tunisians is absolutely unacceptable."
Senegal: condemn 'draconian' anti-terrorism laws
Anti-terrorism laws that were passed by Senegal's National Assembly in October, are "draconian" and could "restrict freedom of expression and roll back the rule of law in Senegal," according to a report (PDF) released April 3 by Amnesty International. The laws in question were passed as part of the government's efforts to deal with the rise of terrorism in the region, including Burkina Faso, Côte d'Ivoire, Niger, Nigeria and Mali. Recognizing the country's need to address terrorism, AI claims the vagueness of the laws are problematic, as violations such as "insults" and affronts to "morality" could be interpreted in a way that suppresses dissident opinions. Other provisions of the new laws criticized by AI include those designed to prevent "defamation of the President of the Republic," "the dissemination of false news," and acts likely to "cause serious political unrest."
Paraguay: move to left term limits amid deadly protests
Paraguay's Senate on March 31 approved a constitutional amendment lifting the one-term rule for presidents. Put in place by Paraguay's 1992 Constitution following long years of dictatorship, the current rules limit the president to one five-year term. President Horacio Cartes is seeking to lift the one-term limit, a measure supported in the Senate by 25 of 45 legislators. The vote will now go to the Chamber of Deputies, where 44 of the 80 members belong to the president's Colorado Party. If approved there, the vote will go to a national referendum. In the interim, protests have erupted outside Congress, with at least one protestor reported killed and the Congressional building burned.
Venezuela: court overturns dissolving of legislature
Venezuela's Supreme Court of Justice reversed a prior ruling to shut down the National Assembly on April 2. The court effectively dissolved the legislature in its decision just four days earlier. The Supreme Court and Venezuela's President Nicolas Maduro both support the Socialist Party, while the opposition party leads the legislature. Protests broke out after the original decision last week, with protesters accusing the Socialist Party of creating a "dictatorship." The international community also voiced opposition. A special state security committee persuaded the court to reverse their decision.
Spanish court to investigate Syrian state terrorism
Spain's top court on March 27 agreed to investigate claims by a Spanish woman who alleges her brother was tortured and murdered by Bashar al-Assad's security forces. According to the woman, who is identified only as AH for security reasons, her brother was executed in 2013 at a detention facility in Damascus. Spanish High Court Judge Eloy Velasco has asked Syrian authorities to appoint legal representation in Spain for the nine security officers implicated in the torture and murder of the litigtant's brother. The case is the first criminal complaint accepted against President al-Assad's security forces by a European court. The lawyers for AH contend that Spanish courts have jurisdiction over the complaint due to the woman's status as a Spanish citizen. Velasco determined that the complaint has standing in Spain's courts under international norms that consider family members of those who have "disappeared" as a result of international crimes to be equally considered victims of those crimes.
UN censures Israel on illegal settlements —again
The United Nations stated on March 24 that Israel has not yet taken any steps towards stopping illegal settlements in Palestinian territory. According to UN Middle East envoy Nickolay Mladenov, instead of working to halt the illegal settlements, Israel has authorized "a high rate" of settlements in contravention of international law. UNSC Resolution 2334 (PDF), which passed with a 14-0 vote at the end of 2016, called upon Israel to stop the development of these settlements "not only because they're illegal, but [also because] they are the main obstacle in the path of the two-state solution." Currently, there are 430,000 Israelis settled in the Palestinian West Bank and 200,000 Israeli's in East Jerusalem.
Libya National Army committing war crimes: HRW
Human Rights Watch said March 21 that members of the Libyan National Army (LNA) may have committed war crimes in Benghazi on and around March 18. Benghazi has been center of stand-off between the LNA and the Benghazi Revolutionaries Shura Council (BRSC) for almost two years. On March 18, dozens of civilians attempted to flee the Ganfouda neighborhood of the city. Some of the civilians were accompanied by BRSC soldiers. Relatives of some of the civilians who fled stated that LNA fighters intercepted roughly seven fleeing families, attacking and killing some of them and detaining others. There have also been photos and videos of LNA fighters mutilating and desecrating the corpses of BRSC fighters. LNA leadership has made statements denouncing the actions of those fighters, and pledging to arrest those who have committed the violations. The LNA has also justified some other actions believed to be war crimes. This includes a video of an LNA captain shooting three restrained men in the back with a machine gun as they kneeled facing a wall. An LNA special forces spokesman defended the incident as having occurred "within the battlefields."
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