Daily Report

Court: no jurisdiction in ex-Gitmo detainee suit

The US Court of Appeals for the Ninth Circuit ruled (PDF) Oct. 7 that the Detainee Treatment Act prevents the court from having jurisdiction over a former Guantánamo Bay detainee's lawsuit for damages. Adel Hassan Hamad, a Sudanese national, was captured in 2002 and transferred to Guantánamo prior to an agreement an agreement to transfer him to Sudan in 2007. Hamad states that that he was wrongfully detained and subjected to torture while held and filed the lawsuit to seek damages stemming from his detention. The Ninth Circuit vacated the district court's orders and directed the district court to render a judgment dismissing the lawsuit. The US Court of Appeals for the District of Columbia Circuit in 2001 ruled that Hamad could not continue to litigate a habeas corpus petition and refused to order the government to rescind their designations as "enemy combatants."

US court upholds conviction of ex-Gitmo detainee

The US Court of Appeals for the Second Circuit on Oct. 24 upheld the conviction (PDF) of ex-Guantánamo detainee Ahmed Khalfan Ghailani in the 1998 bombings of two US embassies in Africa. Ghailani had appealed his conviction on the premise that his constitutional rights to a speedy trial had been violated by his lengthy detainment and interrogation by the US Central Intelligence Agency (CIA). Although the interrogation techniques that were used remain classified, the CIA has justified this practice as an effort to gain "critical, real-time intelligence about terrorist networks and plots." This appeal provided the court an opportunity to consider, and ultimately provide support for, the legal implications of US efforts to gain intelligence from terrorism suspects before prosecuting them. Ghailani's lawyer has said that he will appeal the case to the Supreme Court.

Libya indicts Qaddafi aides for crimes in 2011 war

About 30 aides to Moammar Qaddafi, including his son Saif al-Islam Qaddafi, were indicted Oct. 24 by a Libyan court for a list of offenses allegedly committed during the 2011 revolt in the country. The charges levied against them include murder, kidnapping, complicity in incitement to rape, plunder, sabotage, embezzlement of public funds and acts harmful to national unity. Although less than half of the defendants appeared in court for the indictment hearing on Thursday, all defendants must be present at the trial hearing, the date of which has not yet been set. The trial will be one of the most high-profile in the country's history, with defendants including senior officials such as former intelligence chief Abdullah al-Senussi and Qaddafi's last prime minister Baghdadi al-Mahmudi.

Anabel Hernández: Mexico's new narco order

Anabel Hernandez

Renowned Mexican investigative journalist Anabel Hernández, author of Narcoland: The Mexican Drug Lords and Their Godfathershas been receiving police protection since her reportage outed top figures in the country's security apparatus as drug cartel collaborators—resulting in threats on her life. On Sept. 26 she spoke at an event hosted by New York University in Lower Manhattan, entitled "Too Dangerous for Words: Life & Death Reporting the Mexican Drug Wars." She spoke about her journey, and how she views the state of Mexico's narco-wars following last year's change of government.

Gulf Cartel's Guatemalan jefe busted in Chiapas

Mexican federal police on Oct. 4 announced the apprehension of a fugitive Gulf Cartel operative, Eduardo Francisco Villatoro Cano AKA "Guayo"—wanted in Guatemala for a bloody attack on police earlier this year. Guayo was captured in Tuxtla Gutiérrez, capital of southern Chiapas state, bordering Guatemala. Guatemalan authorities hold him responsible for a June armed attack on a National Civil Police post in Salcajá, Quetzaltenango, in which nine officers were killed.  He was arrested along with his cousin, Édgar Waldiny Herrera Villatoro AKA "El Gualas." Although both men are Guatemalan nationals, they were said to be serving as agents of Mexico's Gulf Cartel. They were turned over to authorities in Guatemala, where President Otto Perez Molina said the Gulf Cartel network in the country has now been dismantled.

US must investigate Pakistan drone strikes: Amnesty

Amnesty International (AI) on Oct. 22 urged the US to conduct a thorough, impartial and independent investigation into allegations that Central Intelligence Agency (CIA) drone strikes have resulted in recent civilian casualties in Pakistan. AI reviewed (PDF) more than 50 reported US drone strikes in Pakistan from January 2012 to August 2013, many of which resulted in multiple civilian deaths. AI asserts that, because the US government refuses to provide "accurate information" with respect to specific drone strikes, and its drone program in general, certain CIA operatives may be guilty of arbitrary and extrajudicial executions in violation of international law. According to AI, the US is obligated by international law to fully investigate each strike and ensure that guilty parties are brought to justice.

Chile: special forces raid Mapuche community

Some 300 police agents carried out a raid the morning of Oct. 9 at an estate occupied by members of the indigenous Mapuche community of Temucuicui in Chile's southern region of Araucanía. According to community members, agents from the carabineros militarized police destroyed houses and crops, beat residents and ran over sheep with their vehicles, killing 15 animals and injuring many others. At least four people were arrested, including werken (spokesperson) Mijael Carbone Queipul; his wife, Susana Venegas Curinao; werken Jorge Huenchullán; and his brother, who was reportedly wounded by a bullet.

Mexico: US spied on former president Calderón

The US National Security Agency (NSA) hacked into the public email accounts of former Mexican president Felipe Calderón Hinojosa (2006-2012) and members of his cabinet, according to an Oct. 20 report in the German newsweekly Der Spiegel; the report was based on a secret NSA document leaked by former US intelligence technician Edward Snowden. This is the second revelation in less than two months about US spying on a Mexican president. On Sept. 1 Brazil's Globo television network presented other documents leaked by Snowden showing that the NSA intercepted text messages from current Mexican president Enrique Peña Nieto in June 2012, while he was still running for the presidency. Former president Calderón, a leader in the center-right National Action Party (PAN), was an exceptionally close ally of the US government.

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