Jurist

Trump admin issues new immigration measures

US Department of Homeland Security Secretary John Kelly officially issued two memoranda Feb. 20 directing the department's workforce to implement two executive orders on the enforcement of immigration laws. The first memorandum (PDF) implements President Donald Trump's "Border Security and Immigration Enforcement Improvement Policies" executive order. Kelly directed US Customs and Border Protection (CBP) to hire 5,000 additional Border Patrol agents. This memo orders the immediate identification and allocation of sources of available funding for the construction of a wall along the Mexican border. A standardized method will also be developed for public reporting of data regarding aliens apprehended near the border for violations of immigration law.

Turkey: investigate arrests of opposition leaders

The People's Democratic Party (HDP) of Turkey filed an application Feb. 20 asking the European Court of Human Rights (ECHR) to address what it called the unlawful imprisonment of the party's co-chairs. Thirteen HDP politicians have been detained since November, and 10 still await trial. The HDP declared that these arrests "constitute a violation of the right to freedom and security, freedom of speech and the right to free elections as protected by both the [Turkish] Constitution and the European Convention on Human Rights." Moreover, the HDP insisted that the arrests have strategically prevented HDP politicians from voting in an upcoming referendum that would expand President Recep Tayyip Erdoğan's powers. While the HDP already stated these concerns in an application filed in the Turkish Constitutional Court, the party has yet to receive a response.

UN: trial of Qaddafi son did not meet standards

The 2014 trial of Saif al-Islam Qaddafi failed to meet international fair trial standards, according to a UN report (PDF) published Feb. 21. The UN "closely monitored" the proceedings, and recognized efforts made to elevate standards, including the decision to live-broadcast the trial. However, the monitors identified several prominent violations of international law occurring throughout the trials of former regime figures. Such violations include the failure to afford the defendants adequate due process and access to lawyers. The UN also condemned the prosecution for interfering with the Qaddafi's right to defense and to be present at his trial, violating provisions of the International Covenant on Civil and Political Rights (PDF). Gaddafi was tried and sentenced to death in absentia, as he was being held by a rebel militia at the time. The report urged a review of Libya's Penal Code, and called on the Libyan government to hand Qaddafi over to the International Criminal Court (ICC).

Israeli high court urged to overturn citizenship law

Amnesty International on Feb. 18 urged the Israeli Supreme Court to repeal a law that bans many Palestinians from entering the country, including those who are seeking reunification with their families. The Citizenship and Entry into Israel Law was first enacted in 2003 as a temporary one-year order but has been renewed annually. In addition to urging the Supreme Court to invalidate the law, the statement encourages Israeli authorities to resume "family unification applications," allowing Israeli citizens or residents fo apply for residency for their non-Jewish spouses or family members. The Supreme Court is hearing a case that joins 11 petitions challenging the law. This is rhe first such challenge to go before the country's highest court since related cases in 2012 and 2006. AI claims the law violates numerous international treatises, including Articles 2 and 26 of the International Covenant on Civil and Political Rights (PDF) and Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (PDF).

China targeting human rights defenders

The Network of Chinese Human Rights Defenders (CHRD) released its annual report (PDF) Feb. 16, highlighting an intensified crackdown on rights defenders in the People's Republic. According to the CHRD, rights activities are being criminalized as "political threats to national security." The report documents a number of practices used by the government, such as enforced disappearances, arbitrary detention, and acts of torture against rights defenders. It points particularly to those secretly detained in the July 2015 arrests of lawyers, known as the "709 Crackdown." CHRD stated: "Not only have authorities denied detainees access to counsel, they have increasingly pressured detainees to dismiss their own lawyers or those hired by their families, and use government appointed lawyers instead." 

Pakistan forcibly removing Afghan refugees

Pakistani authorities have driven nearly 600,000 Afghan refugees back into Afghanistan since July 2016, Human Rights Watch (HRW) said in a report released Feb. 13. HRW claims that among those forced out of the country were 365,000 of Pakistan's 1.5 million lawfully registered Afgahn refugees. HRW also alleges that the UN High Commissioner for Refugees (UNHCR) is complicit in what it calls "the world's largest unlawful mass forced return of refugees in recent times." HRW charges that Pakistani police have been using extortion to deprive Afghan refugees of much the limited income available to them, while Pakistani landlords have dramatically increased the cost of rent for Afghan refugees. The UNHCR meanwhile increased its cash grant to returnees from $200 to $400 per person to coerce the refugees to return home under cover of "voluntary repatriation."

Turkish president approves constitutional overhaul

President Recep Tayyip Erdogan on Feb. 10 approved an 18-article bill that proposes significant changes to Turkey's constitution. A public referendum vote will be held on April 16 to determine if the changes will be incorporated. Erdogan has stated that the changes are necessary to provide stability in Turkey. Opponents of the bill have stated that the changes would remove some checks and balance on the presidency that could lead to Turkey being under a "one-man rule." The bill would "enable the president to issue decrees, declare emergency rule, appoint ministers and top state officials and dissolve parliament." If approved by the referendum vote, presidential elections would be held November 2019. The changes allow a president to serve up to two five-year terms. Erdoğan's current time as president would not count towards to term limits set by the bill.

Afghanistan: civilian casualties at new record high

According to the annual report (PDF) by the UN Assistance Mission in Afghanistan (UNAMA), civilian casualties in Afghanistan for 2016 were at a new record high. A total of 3,498 civilians were killed and 7,920 were wounded. Of the dead, 923 were children, as were 2,589 of the injured. Tadamichi Yamamoto, the Special Representative of the Secretary General, said, "All parties to the conflict must take immediate concrete measures to protect the ordinary Afghan men, women and children whose lives are being shattered."

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