detention

Judge blocks indefinite detention of asylum seekers

A US district court judge ruled on July 1 that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was previously ordered by Attorney General William Barr. Judge Marsha Pechman, of the Western District of Washington in Seattle, held that section 235(b)(1)(B)(ii) of the Immigration and Nationality Act, which prohibits releasing on bond persons who have been found to have a credible fear of persecution in their home country, violates the US Constitution. Pechman's decision stated that the plaintiffs in the case, Padilla vs ICE, have established that asylum seekers have "a constitutionally protected interest in their liberty" and a "right to due process, which includes a hearing."

SCOTUS lets stand Guantánamo detention

The Supreme Court on June 10 denied certiorari in the case of Moath Hamza Ahmed al-Alwi, a Yemeni who has been held as an "enemy combatant" at Guantánamo since 2002. Al-Alwi was captured in Pakistan in late 2001, and the government concluded that he had fought in Afghanistan as part of a Qaeda-commanded unit. Al-Alwi denied this unsuccessfully during his original round of habeas corpus proceedings, and in 2015 initiated a new habeas case arguing that the nature of US involvement in Afghanistan had changed such that the use of military detention is no longer justified under the 2001 Authorization for Use of Military Force (AUMF). The district court and the US  Court of Appeals for the DC Circuit disagreed, and the Supreme Court has now declined to review the appellate court's conclusion.

Shi'ite militia forces 'sweep' Iraq-Syria border

Baghdad's irregular Hashd al-Shaabi militia has joined with the National Defense Forces, one of the Assad regime's paramilitary militias, to conduct "sweeps" along the Iraqi-Syrian border for remnant ISIS cells. "The Syrian Army and the National Defense Forces in Deir Ezzor in cooperation with the Iraqi Army and [other Iraqi] forces, are participating in combing the border strip between Syria and Iraq, departing from the city of Al-Bukamal towards the outskirts of the Tanf oil field," an NDF statement read. These are both sectarian Shi'ite formations backed by Iran, which has a massive military presence in Syria and has also been backing Iraqi pro-government forces against ISIS. (Defense Post)

Iraq prosecuting children suspected of ISIS ties

Iraqi and Kurdistan Regional Government (KRG) authorities have charged hundreds of children with terrorism for alleged Islamic State (ISIS) affiliation based on dubious accusations and forced confessions obtained through torture, Human Rights Watch (HRW) reported March 6. The 53-page report claims that Iraqi and KRG authorities often arrest children with "any perceived" connection to ISIS, use torture to coerce confessions and prosecute them in "hasty and unfair trials." International law observes children recruited by armed groups as victims who should be rehabilitated and reintegrated into society.

Amnesty: Gitmo prison 'stain on human rights'

Amnesty International on Jan. 10 called the Guantánamo Bay prison camp a "stain on human rights," on the eve of the facility's seventeenth anniversary. Guantánamo prison currently holds 40 detainees, many of whom were tortured by the CIA before being transferred to the facility. Some of these detainees have been cleared for transfer for years, but still remain at the facility. Some have been waiting for transfer as far back as 2010. Since its opening, the Guantánamo facility has housed around 800 prisoners, many without formal charges or due process.

China fast expanding detention camp system

With China accused of detaining hundreds of thousands of Uighur Muslims without trial in its western province of Xinjiang, a BBC investigation analyzed satellite data to determine that the detention camp system in the region is rapidly expanding. Reviewing images from the European Space Agency's Sentinel satellite service, the BBC finds at least 40 such facilities across Xinjiang, half built within last two years—with a big thrust of construction just in the past six months. Among the largest is a "massive, highly secure compound" still being built at Dabancheng, about an hour's drive from the provincial capital, Urumqi. It is enclosed within a two kilometer-long exterior wall punctuated by 16 guard towers.

World Court hears Mauritius claim against UK

The government of the island nation of Mauritius presented its claim Sept. 3 to the International Court of Justice (ICJ) that the British government forced the transfer of the Chagos Islands as a condition of independence in 1965. The UK leased the island of Diego Garcia within the Chagos archipelago to the US in 1966, which was used to build a military base that required the forced removal of around 1,500 people. The population has yet to be allowed to return home. The former prime minister of Mauritius and current parliamentarian Anerood Jugnauth told the ICJ, “The choice we were faced with was no choice at all: it was independence with detachment [of the Chagos archipelago] or no independence with detachment anyway.” The location of the Chagos Islands in the central Indian Ocean is seen as geopolitically strategic for policing the Persian Gulf. In 2016 the US lease for the base was extended until 2036.

Japanese-Peruvian veteran of US concentration camps dies waiting for justice

Isamu (Art) Shibayama, a rights advocate for Latin Americans of Japanese descent who were detained in prison camps in the United States during World War II, died July 31 at his home in San Jose, Calif. Born in Lima, Peru, in 1930, Shibayama was 13 when his family was detained and forcibly shipped to the United States on a vessel charted by the US armed forces. They were among some 2,000 Japanese-Peruvians who were rounded up and turned over to the US military for detention after the Pearl Harbor attack. Upon their arrival in New Orleans, the family was transported to the "internment camp" for Japanese-Americans at Crystal City, Texas. The family would remain in detention until 1946.

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