Jurist

Colombia: colonel exonerated in 'disappearances'

Colombia's Supreme Court exonerated a retired army colonel on Dec. 16 who had been found guilty of the forced disappearances of two people he escorted away from the 1985 Palace of Justice siege, ordering the colonel's immediate release. Luis Alfonso Plazas Vega was detained after a prosecutor re-opened investigations into disappearances related to the siege in 2006 and has spent the last eight years in custody. Originally charged with forcibly disappearing 11 people, he was convicted by Bogotá's Superior Court for two of the alleged disappearances and sentenced to 30 years in prison. The Supreme Court reversed that conviction with a 5-3 vote, finding there was not enough evidence to convict Plazas Vega and stating they did not find witnesses credible. The court assured that the decision came after prolonged deliberating and analyzing all of the evidence, and that this decision does not bar future investigations into disappearances after the siege.

Ecuador: lawmakers end presidential term limits

Ecuador's National Assembly on Dec. 3 passed a constitutional amendment lifting presidential term limits, beginning in 2021. The 16 constitutional amendments were approved in a vote of 100-8 in a legislature where sitting President Rafael Correa's political party, Alianza Pais, has a two-thirds majority. Though Correa, who has been president since 2007 and will finish his second term in 2017, has said that he will not participate  in the next election in 2017, he will be eligible to run again in 2021 under the new amendment. The vote has caused protests, some violent, against the amendments by demonstrators who believe that the vote represents a power-grab by Correa. They wanted the National Assembly to either not vote on the proposal or to put it to a popular vote, as was done in Bolivia earlier this year. While congressman Luis Fernando Torres called the vote constitutional fraud,  Correa tweeted on the matter to contend that he will continue to govern with "total democratic legitimacy."

Thousands detained without charge in Libya

Human Rights Watch (HRW) said Dec. 2 that thousands of people, including children, are being arbitrarily detained in Libya. The report highlights torture and other forms of ill-treatment in four prisons in Tripoli and Misrata, which were personally visited by HRW representatives. The report is based upon interviews conducted by HRW with 120 detainees, none of whom have been charged with a crime or granted the opportunity to appear before a judge. According to HRW, the detainees provided "credible and consistent" accounts of mistreatment. HRW representatives saw signs of mistreatment such as beatings on the soles of the feet with plastic pipe, electrical cable, chains, sticks, fists, and even horsewhips; suspension from doors or ceilings for hours; electrical shocks; and solitary confinement. Stating that "Prolonged detention without judicial reviews is a grave violation of international law and may amount to a crime against humanity," HRW urged the UN Security Council to increase pressure on Libya to order the immediate release of all those who have been wrongfully detained. HRW has also called upon the International Criminal Court prosecutor, Fatou Bensouda, to open an investigation into arbitrary detentions in Libya.

Spain strikes down Catalan independence plan

The Constitutional Court of Spain on Dec. 2 declared unconstitutional (PDF) a resolution by the Parliament of Catalonia that proposed a plan for the region's independence from Spain by 2017. The resolution was approved by Catalonian lawmakers in November, and stated that parliament would take the "necessary steps" to effect the separation from Spain in a peaceful and democratic manner and in a way that would empower citizens. The court held that the resolution violated Articles 1.1, 1.2 , 2, 9.1 and 168 of the Constitution and Articles 1 and 2.4 of the Statute of Autonomy of Catalonia. The resolution states that the separation of Catalonia from Spain is not subject to the decisions of the Constitutional Court.

Gitmo detainee victim of mistaken identity: US

According to an official US government document (PDF), a man who fought for the Taliban in Afghanistan and has been held without charge at Guantánamo Bay for 13 years was a victim of mistaken identity. Mustafa Abd-al Qawi Abd-al-Aziz al-Shamiri was held as a courier and trainer for al-Qaeda. The Department of Defense now believes these activities were carried out by other militants with similar names. Al-Shamiri is linked to the men who planned the October 2000 bombing of the USS Cole, but there is no evidence he was part of the operation. In a statement released by al-Shamiri's personal representatives, they say he feels "remorse for choosing the wrong path early in life" and "wants to make a life for himself."

SCOTUS turns down Mexican appeal in BP oil spill

The US Supreme Court on Nov. 30 denied (PDF) certiorari in an appeal by Mexican states attempting to sue BP over the 2010 Gulf of Mexico oil spill. The court let stand a lower court ruling in Veracruz, Mexico, et al. v. BP, P.L.C., et al, finding that the states of Veracruz, Tamaulipas and Quintana Roo cannot bring suit against BP because Mexico's federal government owns the affected property. The lawsuit sought damages for the cost of responding to the spill, contamination of the water and shoreline and lost tourism. The Mexican federal government filed a similar suit in 2013, which is currently being heard.

UN urges protection for Venezuela opposition

UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein on Nov. 27 called for the protection of political groups associated with the assassinated Venezuelan opposition leader Luis Diaz. Diaz was shot while on stage with jailed opposition leader Leopoldo Lopez's wife Lilian Tintori. Zeid stated that it was unclear whether the shot was meant for Diaz or Tinter, but that all those associated with the opposition leader should be adequately protected. He further urged, "the authorities to ensure that the investigation into Luis Diaz's murder is independent and impartial and brings to justice the perpetrators, as well as the masterminds behind the assassination... All sides must refrain from violence and violent rhetoric in the run up to the elections."

Brazil to sue mining giants for dam failure

Brazil's Minster of Natural Environment said Nov. 27 that the country's government plans to sue BHP Billiton Ltd., Vale SA, and Samarco Mineração SA for $5.24 billion for damages caused by a dam collapse at an iron ore site the two co-own. The iron ore site, Samarco Mineração SA, is a joint mining venture between the two companies. BHP Billiton Ltd. is the largest mining company, and Vale SA is the biggest ore miner in the world. The dam contained and released 60 million cubic meters of mine waste and mud that killed at least 13 people, left approximately 11 people missing, and devastated an entire village when it collapsed earlier this month. Brazilian Minister Izabella Teixeira announced that the government would seek to create a fund to compensate victims and to pay for the environmental recovery of the effected areas. The fund would be created gradually as a percentage of the companies' profits. The Special Rapporteurs sent by the UN Office of the High Commissioner for Human Rights (OHCHR) reported  that the "steps taken by the Brazilian government, Vale and BHP Billiton to prevent harm were clearly insufficient" and that "this disaster serves as yet another tragic example of the failure of businesses to adequately conduct human rights due diligence to prevent human rights abuses." 

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