Daily Report

Convictions of ex-Qaeda media director overturned

The US Court of Appeals for the District of Columbia Circuit on July 14 overturned two out of three convictions of Ali Hamza Ahmad Suliman al-Bahlul, media secretary of Osama Bin Laden. The court vacated Bahlul's convictions for providing material support for terrorism and solicitation of others to commit war crimes but did not overturn his conviction for conspiracy to commit terrorism, remanding that issue to the Court of Military Commission Review (CMCR). A three-judge panel of the appeals court had ruled last year that the military tribunal that convicted 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 said the Military Commissions Act (MCA) of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. The en banc court disagreed, ruling "that the 2006 MCA is unambiguous in its intent to authorize retroactive prosecution for the crimes enumerated in the statute—regardless of their pre-existing law-of-war status." Nonetheless, the court vacated the other two convictions, concluding that trying Bahlul by military commission for providing material support was "a plain ex post facto violation," and that "solicitation of others to commit war crimes is plainly not an offense traditionally triable by military commission." The new ruling could result in a reduction of Bahlul's life sentence.

Egypt overturns ban on Mubarak party members

The Cairo Court for Urgent Matters on July 14 overturned a May decision that banned former leaders of the National Democratic Party (NDP) from running in the country's parliamentary elections. An Urgent Matters Court in May accused  the now-dissolved NDP of overseeing corrupt governments, stating that allowing a political return for the former ruling party would bring danger to Egypt. The NDP was disbanded and ordered to liquidate its assets by the Supreme Administrative Court in April 2011, following longtime president and NDP party chairman Hosni Mubarak's fall from power. Many party leaders formed new parties or attached themselves to existing ones. Although the committee that drafted the country's new constitution in 2012 attempted to include an article that would ban NDP leaders from participating in politics for 10 years, the article was dropped after former president Mohammed Morsi was ousted (and another new constitution approved). In its decision, the appeals court said that the lower court lacked the proper jurisdiction to rule on the matter, the plaintiff had failed to present any evidence of corruption that incriminated the leaders, and the prior ruling violated the leaders' constitutional right to political participation. 

Brazil: indigenous lives not worth a traffic sign

Public prosecutors in Brazil have called on the government to pay 1.4 million reais ($ 630,000) in compensation to a Guarani indigenous community and to install road signs, after eight Guarani were run over and killed. For decades the Guarani of Apy Ka'y community in Mato Grosso do Sul were forced to camp on the side of a perilous main road after they were evicted from their land, which is now occupied by a vast sugar cane plantation. Last year they reoccupied a part of their territory, but the road remains a serious threat. Five of the hit-and-run victims were relatives of the community's leader, Damiana Cavanha, who has been campaigning for the’ ancestral land to be returned. The youngest victim was four years old. Damiana believes they are being deliberately targeted by vehicles belonging to the ranchers occupying their land.

Diaspora Jews feel Gaza backlash —again

The Abravanel synagogue in central Paris is under police guard after more than 100 youths tried to storm the building July 13, chanting "Israel murderer!" The incident—near Bastille Place, on the eve of Bastille Day—followed a march protesting the Israeli air-strikes on Gaza. After the demonstration, a large group headed to the synagogue, where some 150 people had gathered for a memorial service for three Israeli teenagers murdered in the West Bank. Witnesses said the protesters grabbed chairs from a cafe nearby and used them as weapons as they tried to break through a police barrier outside the synagogue, where worshippers remained trapped for several hours. Six police and two members of the Jewish community were reportedly injured, and six protesters arrested. Some protesters were said to be armed with axes and knives. A private security unit employed by the synagogue was also engaged in the fighting. One day earlier, in the Parisian suburb of Belleville, a protest demonstration reportedly featured chants of "Kill the Jews!" The day before that, July 11, a firebomb was thrown at the synagogue of Aulnay-sous-Bois, another Paris suburb, causing damage to the building's facade. The National Bureau for Vigilance Against Anti-Semitism (BNVCA) reports that on July 8, a, 17-year-old Jewish girl was assaulted on a Paris street near the Gare du Nord train station by a man who blasted her face with pepper spray. The girl, identified by her initials, JL, wrote in her complaint to police that the man shouted: "Dirty Jewess, insh'allah you will die." (The Guardian, EJP, July 14; JTA, July 13)

Iraq: mass murder of Sunni prisoners

Iraqi security forces and militias affiliated with the government appear to have unlawfully executed at least 255 prisoners in six Iraqi cities and villages since June 9, Human Rights Watch reported July 11. The report notes: "The vast majority of security forces and militias are Shia, while the murdered prisoners were Sunni." At least eight of those killed were boys under age 18. The mass extrajudicial killings, which appear to be revenge killings for atrocities by ISIS, may be evidence of war crimes or crimes against humanity, HRW said. "Gunning down prisoners is an outrageous violation of international law," said Joe Stork, deputy Middle East director at HRW. "While the world rightly denounces the atrocious acts of ISIS, it should not turn a blind eye to sectarian killing sprees by government and pro-government forces." HRW called for an international commission of inquiry to investigate violations of the laws of war by all sides in the Iraq conflict.

Clashes across West Bank amid Gaza bombardment

Fierce clashes broke out across the West Bank late Friday July 11 between Israeli troops and young Palestinian men protesting the ongoing military offensive against the Gaza Strip. In Ramallah in the central West Bank, Palestinian protestors on Saturday morning used rocks to block the road to an Israeli military base near the town of Sinjel in the north. The protestors then clashed with Israeli troops who showered them with tear gas, rubber-coated bullets and stun grenades. The young protestors responded with stones, gas bombs and fireworks. Also that day, dozens of angry young Palestinian men attacked an Israeli military post in Tal al-Asour in the village of Kafr Malik north of Ramallah. The protestors threw several Molotov cocktails and fireworks at the post, setting it ablaze. Israeli troops got out of their bunkers and started to extinguish the fire, while other soldiers fired rubber-coated bullets and tear-gas canisters at the protestors.

Mexico: campesinos block Tabasco oil wells

Blockades of Pemex installations in Mexico's southeastern Tabasco state are hurting the country's oil and gas output, according to the CEO of the state-owned industry giant. Emilio Lozoya Austin told Notimex news agency that crude output has been reduced by 30,000 barrels/day as a result of the blockades, launched to protest environmental damage caused by an October explosion at the company's Terra 123 well in Nacajuca. Pemex is losing $3 million/day in revenues, he said. In addition to blocking access to hundreds of oil and gas wells in the rural municipalities of Cárdenas, Huimanguillo, Centla and Cunduacán, protesters have built barricades around the Pemex Pyramid, the company's futuristic local headquarters in Villahermosa. Pemex activities across oil-rich Tabasco have been paralyzed since July 8.

Cajamarca: police attack campesino community

Some dozen National Police troops on July 9 attacked the community of El Lirio in Celendín province of Peru's Cajamarca region—the scene of ongoing protests over the pending Conga gold-mining project. The attack came after El Lirio's comuneros blocked vehicles from the Yanacocha mining company that attempted to enter their lands. Police troops used tear-gas to break up the blockades, and Milton Sánchez, leader of the Celendín Interinstitutional Platform, said the community's children were among those affected. One woman was seriously hurt in the attack, he said. The vehicles were reportedly attempting to bring "gifts" to the local communities, but were backed up by an escort of police troops. (Servindi, July 9)

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