Jurist

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.

Gitmo habeas claim charges Trump discrimination

Eleven Guantánamo inmates filed a writ of habeas corpus (PDF) in the US District Court for the District of Columbia on Jan. 11, claiming that their indefinite detention is due to President Donald Trump's anti-Muslim stance. The inmates argue they can only be legally kept at Guantánamo if their individual circumstances show that they would otherwise return to the battlefield. However, the suit claims that Trump's declaration that all Guantánamo inmates will remain in the prison camp does not take into account any of their individual circumstances, but instead is based on Trump's antipathy toward Muslims. Some of the petitioners have been at Guantánamo for the entirety of its 16 years in use as a prison. Two of the detainees were in the process of being cleared for release under the Obama administration, before the Trump administration put a stop to the release process for all inmates. The petition states that the indefinite detentions violate the due process clause of the Constitution.

UN rights chief against Mexico security legislation

UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein on Dec. 5 said that Mexico's proposed security legislation will not assist its armed forces in combating the war on drugs, but will contribute to the atmosphere of impunity in the country. The Law on Internal Security (PDF) was approved by the Chamber of Deputies last month. The law would would under certain circumstances allow place police officers to be placed under the command of the armed forces. Despite pressure from rights groups, the law would not place restrictions on the power of the armed forces to regulate themselves, which has led to widespread rights violations, including extrajudicial killings, torture and enforced disappearances.

Argentina: 48 ex-officers sentenced in 'dirty war'

An Argentine judicial panel on Nov. 28 sentenced (PDF) 29 former officials to life in prison, and 19 to between 8-25 years, for murder and torture during the military junta's 1976-1983 "Dirty War." The sentencing concluded a five-year trial and represented Argentina's largest verdict to date for crimes against humanity. Collectively, the 48 defendants were charged with the deaths of 789 victims. The prosecution called more than 800 witnesses to make their case. Additionally, the court acquitted six former officials.

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