Jurist

Pakistan passes strict anti-terrorism bill

Pakistan's parliament on July 2 passed a new anti-terrorism bill that detractors are claiming grants excessive power to police. The proposed legislation, known as the Protection of Pakistan Ordinance, allows police to use lethal force, to search buildings without a warrant and to detain suspects at secret facilities for up to 60 days without charge "on reasonable apprehension of commission of a scheduled offense." Opponents of the bill are calling it draconian and question the precedent that it sets for human rights in the country. The bill will become law if signed by President Mamnoon Hussain.

Appeals court revives Abu Ghraib torture suit

The US Court of Appeals for the Fourth Circuit ruled (PDF) July 1 that the US District Court for the Eastern District of Virginia erred in concluding that it lacked jurisdiction over a case of alleged torture in the Abu Ghraib prison because the alleged abuses occurred in Iraq. The case was brought in 2009 by four plaintiffs against military contractor CACI International Inc, accusing the company of crimes against humanity, sexual assault, torture and other violations at Abu Ghraib prison. Applying the fact-based inquiry articulated by the US Supreme Court in Kiobel v. Royal Dutch Petroleum Co, the court held that the plaintiffs' claims "touch and concern" the territory of the US with sufficient force to displace the presumption against extraterritorial application of the Alien Tort Statute. The court did not reach the conclusion, however, that the issue was not a political question and thus remanded the case to the district court to undertake factual development of the record to make that determination.

Benghazi suspect pleads not guilty

Ahmed Abu Khatallah (BBC profilemade his first appearance on June 28 in the US District Court for the District of Columbia  where he pleaded not guilty to a federal terrorism offense arising from his alleged participation in the September 2012 attack on a US facility in Benghazi, Libya. Khatallah was indicted by a federal grand jury on the charge of "conspiracy to provide material support and resources to terrorists, knowing and intending that these would be used in preparation for and in carrying out a killing in the course of an attack on a federal facility, and the offense resulted in death." The attacks occurred on September 11 through September 12, 2012, and resulted in the deaths of Ambassador J. Christopher Stevens, Sean Smith, Tyrone Woods and Glen Doherty. The investigation into Khatallah's involvement is ongoing and the Department of Justice may bring additional charges as the case continues. "Now that Ahmed Abu Khatallah as arrived in the United States, he will face the full weight of our justice system," said US Attorney General Eric Holder. "We will prove, beyond a reasonable doubt, the defendant's alleged role in the attack that killed four brave Americans in Benghazi." 

Jordan acquits radical cleric of terrorism charges

A three-man civilian panel in the Jordanian State Security Court on June 26 declared radical preacher Abu Qatada (ABBC profile) not guilty of terrorism offences relating to an alleged plot in 1998 on the American school in Amman. The court ruled there was insufficient evidence to find Qatada guilty of terrorism charges for the 1998 plot, but he will remain imprisoned in Jordan for his alleged role in an attempted attack on tourists during the Jordanian New Year celebration of the year 2000. That hearing is scheduled for September and it extends the 20-year timeline of involvement with al-Qaeda in Jordan and the UK. In December Qatada's defense argued the presence of a military judge in the three-judge panel of the State Security Court violated the deportation agreement between the Jordanian and UK governments to provide Qatada with a fair trial, which was established as part of his deportation from Britain last July. Qatada was tried by a three-judge panel of civilians on Thursday, and the composition of the judicial panel of the State Security Court in September may be a point of contention because of its vague and controversial nature as a quasi-military judicial body with civilian judges.

Iran: UN rights chief condemns juvenile execution

UN High Commissioner for Human Rights Navi Pillay on June 26 condemned  Iran's use of the death penalty for juvenile offenders and called on authorities to halt the announced execution of Razieh Ebrahimi. Ebrahimi, who was legally married to her then-28-year-old husband when she was 14, was sentenced to death after killing her abusive husband when she was 17. "Regardless of the circumstances of the crime, the execution of juvenile offenders is clearly prohibited by international human rights law," Pillay said, citing the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, to which Iran is a party, which prohibit the execution of those who commit their crimes while under the age of 18. In the same statement, Pillay also criticized Iran's use of the death penalty for political prisoners and for drug-related offenses.

Egypt: court confirms mass death sentence for 183

Judge Said Youssef of the Minya Criminal Court of Egypt on June 20 confirmed the death sentence of 183 Muslim Brotherhood members while simultaneously acquitting over 400 in the death of police officers over a year ago. Only 110 of the accused were present in a holding area outside of the court during the determination, while the remainder were tried in absentia. According to Egyptian law, each absentee will be retried upon apprehension. This marks a slight reversal of the initial mass death sentence of 683 members of the Brotherhood after a review of the mass trial by the Grand Mufti, the spiritual leader of Egypt. Multiple human rights organizations, including Amnesty International and Human Rights Watch have critiqued the mass trial for lack of due process, as neither the defendants nor their attorneys were permitted to appear before the court. This is the second death sentence against former leaders in two days.

UN: breakdown of law and order in east Ukraine

The Office of the UN High Commissioner for Human Rights on June 18 issued a report that cites increasing evidence of abductions, detentions, torture and killings in the two eastern regions of Ukraine where armed groups hold control. The report also cites a number of worrying trends emerging in Crimea. UN High Commissioner for Human Rights Navi Pillay urged the armed groups in Donetsk and Luhansk to "stop taking themselves, and the people living in their regions, down this dead end, which is leading simply to misery, destruction, displacement and economic deprivation... [A]ll they have achieved is a climate of insecurity and fear which is having a hugely detrimental impact on many thousands of people."

US captures alleged Benghazi attack ringleader

US military forces conducted a secret operation in Libya June 15, capturing Ahmed Abu Khatallah, the alleged mastermind behind the September 2012 attacks on US facilities in Benghazi that killed four Americans including US Ambassador Chris Stevens. Pentagon press secretary Rear Adm John Kirby released a statement June 17 saying, "There were no civilian casualties related to this operation, and all US personnel involved in the operation have safely departed Libya." According to the US State Department, Abu Khatallah is a senior leader in Islamist group Ansar al-Sharia [BBC backgrounder]. According to the BBC, he has been charged in a federal court in Washington, DC, with killing a person in the course of an attack on a federal facility, providing material support to terrorists and weapons charges.

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