detention

Israel: protest vigil for detained Palestinian MK

Dozens of activists on Dec. 26 demonstrated outside the Israeli magistrate court in the central city of Rishon Lezion in support of a Palestinian member of the Knesset, Basal Ghattas, after the court extended his detention another day. Ghattas, a member of Joint List which represents parties led by Palestinian citizens of Israel in the Knesset, was arrested on suspicions of smuggling cellphones to "Palestinian terrorists" serving time in Israeli prisons, and is being charged with "conspiring to commit...violations of Israel Prisons Service orders." Protesters raised photos of Ghattas and posters criticizing the Israeli government in both Hebrew and Arabic. Palestinian members of Knesset Haneen Zoabi and Jamal Zahaika attended the protest before they entered the court hall to attend the hearing.

Trump: drug war general to Homeland Security

President-elect Donald Trump is reported to have named the former chief of the Pentagon's Southern Command, Gen. John Kelly, as his choice for secretary of Homeland Security. As SouthCom chief, Kelly oversaw counter-narcotics operations throughout Central and South America and the Caribbean from late 2012 until his retirement in January 2016. He was a notorious hardliner, which resulted in policy clashes with President Obama, the Washington Post tells us. As Homeland Security chief, he will oversee the 20,000-strong Border Patrol, with responsibility for drug interceptions along the 2,000-mile frontier with Mexico.

US appeals court revives Abu Ghraib torture suit

The US Court of Appeals for the Fourth Circuit ruled (PDF) Oct. 21 that former detainees at the Abu Ghraib prison may continue their torture lawsuit against civilian military contractors. Four former prisoners allege that they were subjected to various forms of torture at the hands of CACI Premier Technology  contractors. The case had previously been dismissed under the "political question doctrine," but the court held the doctrine does not prevent the judiciary from deciding the case.

Ex-Gitmo detainee in Uruguay ends hunger strike

Abu Wa'el Dhiab [AKA Jihad Diyab], a Syrian former Guantánamo Bay detainee, on Oct. 22 ended his 68-day hunger strike. Dhiab was among a number of former detainees who were resettled in Uruguay in an effort to close down the detention center. He began a hunger strike in an effort to be unified with friends and family. As he was a suspected terrorist he was denied the right to return to his homeland due to fear of a security risk. His support group Vigilia por Diyab announced the end of his hunger strike due to an agreement that will allow him to resettle in an undisclosed third country in order to allow him to reunite with family.

Conviction of bin Laden assistant upheld

A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:

Australia using Nauru as 'open-air prison'

Australia is using the island of Nauru as an "open-air prison," putting refugees and asylum seekers through an abusive processing system as a means to prevent immigration, according to a report (PDF) released by Amnesty International Oct. 17. The report charges that Australia has ignored the 1951 Refugee Convention (PDF) by subjecting asylum seekers and refugees to "egregious abuses," essentially trapping them on the remote island. The report includes dozens of interviews with refugees, documenting claims of mental health issues, suicide attempts and attacks at the hands of Nauru citizens. It describes inadequate and often "deeply humiliating and traumatizing" medical treatment, and abuses carried out against children, including physical abuse from staff contracted by Australia, and the denial of their right to education. The report calls upon the Australian government to ensure the safety and well-being of refugees, and increase access to existing migration programs.

Ex-Gitmo detainee maintains Uruguay hunger strike

Uruguay's Foreign Minister, Rodolfo Nin Novoa, on Oct. 7 urged a former Guantánamo prisoner, Jihad Diyab, to call off his hunger strike, stating that Montevideo is attempting to transfer him to another country. Diyab is a Syrian national who was held for 12 years in Guantánamo without being formally charged and was released in 2014 along with five other prisoners. Diyab started this strike two months ago demanding that he be reunited with his family. According to rights groups, Diyab is conscious although in weak physical condition. Novoa reiterated that his government will "continue looking for a better future for him and his family" and urged Diyab to abandon his hunger strike immediately.

Ex-CIA officials ordered to testify in torture suit

A judge for the US District Court for the Eastern District of Washington on Oct. 4 ruled (PDF) that four former high-ranking Central Intelligence Agency (CIA) officials must testify in depositions in a lawsuit against two psychologists who designed the CIA torture program. The American Civil Liberties Union (ACLU)  filed the lawsuit last year against James Mitchell and John "Bruce" Jessen, who allegedly designed torture techniques and persuaded the CIA to adopt these techniques as official practice. According to the lawsuit, they personally took part in many of the torture sessions and oversaw the entire program's implementation. The court order also requires the government to furnish documents requested by the psychologists. Although the federal government is not a party in the case, it filed motions to prevent the depositions, arguing that it could lead to an accidental disclosure of classified information. The court denied the request, and stated counsel for the parties must agree on scheduling the depositions and the best manner to conduct them efficiently.

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