Daily Report

Conviction of al-Qaeda media director vacated

The US Court of Appeals for the District of Columbia Circuit on Jan. 25 vacated the conspiracy conviction of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), former media secretary of Osama bin Laden. The DC Circuit ruled that the military tribunal that convicted al-Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al-Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court.

Panama Canal expansion fuels inter-oceanic race

The $5.25 billion expansion of the Panama Canal—the strategic waterway that now handles 14,000 vessels a year, or 5% of world trade—will be ready for commercial shipping later than originally planned, the Panama Canal Authority admitted Jan. 17. Widening and deepening of the 80-kilometer passage will be completed by June 2015, six months later than first intended, the Authority’s administrator Jorge Luis Quijano said (Bloomberg, Jan. 17) The expanded canal will be able to handle so-called "post-Panamax" scale ships, which are the length of aircraft carriers. The US Army Corps of Engineers estimates that US ports such as Miami are now spending up to $8 billion a year in federal, local and private money to modernize in response to the canal expansion, which experts call a "game changer."  CSX is planning to build a new $90 million rail transfer facility at Baltimore that will allow  cargo trains to be loaded a few miles from the port, while the Norfolk Southern line is blasting through Appalachian passes in West Virginia and Kentucky to allow expanded freight shipments. (Memphis Commercial Appeal, Jan. 14)

Mexico: campesinos bear arms against narcos

Hundreds of campesinos in municipalities of Mexico's southern Guerrero state, including Ayutla de los Libres, Tecoanapa, Florencio Villarreal, Cuautepec and San Marcos, have taken up arms to defend themselves from a drug-trafficking gang that has been terrorizing residents and demanding protection payments. Armed with pistols and shotguns, the "Community Police" self-defense patrols have been setting up checkpoints at the entrances to their villages, and in one case secured the release of a Tecoanapa resident who had been kidnapped. A total of some 40 suspected narco-gunmen have been detained by the self-defense patrols, and await trial by community assemblies. Residents claim legitimacy for the system of justice under the principle of "uses and customs," by which traditional self-government of indigenous territories is permitted in Mexico's constitution.

Colombia: prosecutor's transfer sparks outcry

A lawyer with Colombian prosecutor's office, the Fiscalía, who specialized in the paramilitary demobilization process, was transferred Jan. 20 after working in the same department in Medellín for more than six years—raising fears that years of insight into the area's paramilitary activities could be lost. According to conflict-monitoring website Verdad Abierta, local magistrates expressed concern over the transfer of Patricia Hernández Zambrano, who was responsible for prosecuting the "Mineros Bloc" of the United Colombian Self-Defense Forces (AUC) in the northeastern department of Antioquia. As Prosecutor 15 for Justice and Peace, Hernández handled all court hearings related to top AUC leaders like "Don Berna" and "Gordo Lindo"—both now in US prisons for drug trafficking.

Colombia: FARC assassinate indigenous leader

Charging a "Plan of Extermination" by all actors in Colombia's armed conflict, traditional indigenous authorities in southwest Cauca region on Jan. 22 protested the "assassination" two days earlier of Nasa indigenous leader Rafael Mauricio Girón Ulchur at the village of Jámbalo. The statement said Girón had been ambushed while riding his motorcycle, and that the gunmen were FARC guerillas who fled into the bush after the slaying. The statement charged that he had been targeted for advocating a "Plan of Life" based on indigenous territorial rights, self-determination and protection of natural resources as an alternative to the peace plan being worked out by FARC and government negotiators in Havana, Cuba. It noted that the assassination came the same day that the FARC officially declared an end to the unilateral ceasefire instated for the Havana talks. (ACIN, Jan. 22)

Peru: new mobilization against Conga project

Jan. 12 saw a new mobilization in the northern Peruvian city of Cajamarca against the pending Conga mining project, with some 1,000 local campesinos and their supporters filling the Plaza de Armas with music, banners and slogans. Participants accused the Yanacocha mining company of "intending to privatize" the region's water resources, and of being complicit in the "criminalization of protest." Residents of the community of Baños del Inca proclaimed their readiness to occupy La Shacsa, a nearby mountain within Yanacocha's active concession area, if the Conga project moves ahead. The march was convened by Wilfredo Saavedra, leader of the Cajamarca Environmental Defense Front. (Servindi, Jan. 15)

Peru: new incident at Bagua

In an incident that remains unclear Jan. 10, a commando of the Peruvian army's 6th Jungle Brigade at El Milagro base in Amazonas region fired on local civilian residents who had been employed by the base to build a vigilance post, leaving two injured. The two were evacuated by helicopter to the nearest town—Bagua, the site of the "Amazon's Tiananmen Square Massacre," when troops fired on indigenous protesters in June 1989. (La RepublicaRPP, Jan. 10) The massacre, known in Peru as the "Baguazo," remains the subject of an investigation by Peruvian judicial authorities. The Bagua office of the Fiscalía, Peru's attorney general, announced Jan. 24 that it will seek life imprisonment for indigenous leader Alberto Pizango, who is accused of firing a rifle blast at police during the incident. Also facing a life term is Joel Shimpukat, brother-in-law of congress member Eduardo Nayap. A total of 53 indigenous activists face charges in the "Baguazo." (Perú.comAIDESEP, Jan. 24)

UN rights expert to investigate drone strikes

UN Special Rapporteur on human rights and counterterrorism Ben Emmerson announced (PDF) on Jan. 24 that he will begin investigating the legality of the use of drone strikes. Emmerson said that after asking the US to allow an independent investigation of its use of targeted killings last year, there is still no consensus among the international community as to the legality of the conduct. He stated an investigation by the UN was necessary in order to establish clear international guidelines on the use of this and other emerging technology:

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