Jurist

Two Gitmo detainees released, third refuses transfer

Two of three Guantánamo Bay detainees scheduled for release boarded a plane for transfer on Jan. 20 while the third detainee turned down the opportunity. Though the two released detainees were natives of Egypt and Yemen, they were resettled in Bosnia and Herzegovina and Montenegro. The third detainee, Yemeni national Mohammed Bawazir, has gained a reputation for hunger striking as a protest against his 14 years of captivity without trial. Though Bawazir originally agreed to resettle in an unidentified country, he changed his mind reportedly upon realizing that he would not be returning to any family. Currently, 91 detainees remain in Guantánamo Bay, and 34 await resettlement in foreign countries.

Portugal orders CIA agent extradited to Italy

A court in Lisbon ruled on Jan. 15 that a former CIA operative will be extradited to Italy to serve a seven-year sentence for her involvement in the 2003 kidnapping and "rendition" of Egyptian terror suspect Osama Moustafa Hassan Nasr (AKA Abu Omar). Operative Sabrina De Sousa was one of 26 former agents convicted in absentia for the infamous event, and she recently filmed a documentary regarding her long struggle to clear her name. In October officials detained De Sousa in a Portuguese airport without warning and seized her passports pending the court's decision. De Sousa's lawyer expressed his intention to appeal the case to the Supreme Court and move to the Constitutional Court if necessary. De Sousa hopes to receive a pardon from Italian President Sergio Mattarella, who recently pardoned another CIA operative involved in the matter. Mattarella is scheduled to speak with US President Barack Obama in March about various issues, which may include De Sousa's case.

Oman accepts 10 Yemeni Gitmo prisoners

The Foreign Ministry of Oman on Jan. 14 reported that 10 Yemeni detainees from Guantánamo Bay arrived temporarily to Oman. The US Department of Defense later confirmed the move. Three days earlier, human rights experts from the UN and the Organization for Security and Co-operation (OSCE) jointly sent an open letter urging the US government to shut down the detention facility at Guantánamo Bay on its fourteenth anniversary. The letter mentioned the recent steps taken by the Obama administration to close the facility, but noted that many prisoners still remain at Guantánamo without trial outside the reach of US law. With this week's transfers, that number now stands at 93.

Yemen: use of cluster bombs may be war crime

UN Secretary-General Ban Ki-moon on June 8 warned that the use of cluster bombs by the Saudi-led coalition against neighborhoods in Yemen may amount to a war crime. Cluster bombs spread bomblets over a wide area, many of which do not immediately explode, allowing the bomblets to kill or maim civilians long after a conflict ends. They were prohibited by the 2008 Convention on Cluster Munitions treaty (PDF) adopted by 116 countries, not including Saudi Arabia, Yemen or the US. Of particular concern, the coalition has utilized indiscriminate bombing on several civilian areas in the city of Sanaa, including a wedding hall, chamber of commerce and a center for the blind. In a field visit the UN confirmed use of these munitions, finding remnants of 29 cluster bombs.

Last Kuwaiti Guantánamo detainee repatriated

The last Kuwaiti held at Guantánamo, Faiz Mohammed Ahmed al-Kandari, has been repatriated to his home country, the US Department of Defense announced Jan. 8. The Periodic Review Board (PRB) determined in September that "continued law of war detention of Al-Kandari does not remain necessary to protect against a continuing significant threat to the security of the United States." Al-Kandari was captured by unnamed Afghans and arrived at Guantánamo in May 2002 after being accused of serving as Osama bin Laden's "advisor and confidant." Kuwaiti authorities said the release showed progress in bilateral relations with the US. The release of all 12 Kuwaiti detainees followed strong efforts by Kuwait and high-profile Washington lawyers to secure their freedom. Al-Kandari is the third detainee to be resettled this week; 104 detainees remain at the detention center.

NYPD reaches settlement on Muslim surveillance

The New York Police Department (NYPD) came to a settlement agreement on Jan. 7 in two civil rights lawsuits accusing the NYPD of wrongfully monitoring Muslims after the 9-11 attacks. The US Court of Appeals for the Third Circuit in October revived the civil rights lawsuit filed by a coalition of Muslim groups that accused the NYPD of conducting unjustified surveillance of Muslims in New Jersey. The police department has agreed to reinstate a civilian attorney to a panel that will ensure that no first amendment rights are violated during all surveillance. The appointee will be an outside observer with no connection to the police department and appointed by the mayor. The department has also agreed to place a time limit on investigations and to uphold the existing NYPD policy that it is illegal to profile based upon religious activity. The NYPD has not acknowledged improper monitoring of Muslims and has made no admission of guilt within the settlement. The department states that the changes enforce already guiding principles in use.

Two Guantánamo detainees transferred to Ghana

Two Yemeni men captured in Afghanistan and detained at Guantánamo Bay for 14 years have been released to Ghana, officials said Jan. 6. These two are among the 17 detainees scheduled for release this month. The men were suspected of training with al-Qaeda and fighting with the Taliban but were never charged. They had been cleared for release in 2009, but required a host country to accept them before actual release could be ordered. 

Nigeria: sharia court orders death for blasphemy

A sharia high court in Nigeria on Jan. 6 sentenced cleric Abdulaziz Dauda and nine others to death by hanging for committing blasphemy against the Islamic Prophet Muhammad. The prosecution claimed that Duada, a preacher also known as Abdul Inyass, stated that the Sheikh Ibrahim Niasse, the founder of a rival sect, enjoyed a larger following in the region than Muhammad. The prosecution further asserted that Dauda and his disciples incited people to religious violence. The trial took place behind closed doors to avoid public protest.

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