Jurist

Morocco considers amending rape law

The Justice and Human Rights Commission of Morocco's parliament on Jan. 9 announced a proposal to amend Article 475 of the penal code, which allows rapists to avoid charges if they marry their victims. This practice is currently encouraged in countries such as Morocco and India, where the loss of a woman's virginity out of wedlock is said to bring shame upon the family. Article 475, translated from French, reads, "When a minor removed or diverted married her captor, the latter can not be prosecuted on the complaint of persons entitled to apply for annulment of marriage and can not be sentenced until after the cancellation of marriage has been pronounced." The proposal will be put to a vote by Parliament.

Russia ordered to pay in Chechen disappearances

The European Court for Human Rights (ECHR) ruled on Jan. 9 that Russia must pay 1.9 million euros, or $2.6 million, to the families of 36 Chechen men who disappeared between 2000 and 2006. The court found that Russia was in violation of Articles 2, 3, 5 and 13 of the European Convention on Human Rights (PDF). These violations concern the right to life, prohibition of inhuman treatment, right to liberty and security and right to an effective remedy. The court found that the families presented credible evidence towards their claim that their loved ones have been seized by the Russian military and Russia had failed to prove that the military was not responsible for the disappearances. It is unclear whether Russia will appeal the judgment to a higher human rights court.

France to extradite ex-Kazakh energy minsiter

A French court in Aix-En Province on Jan. 9 ordered the extradition of Mukhtar Ablyazov, Kazakhstan's former energy minister, accused of misappropriating $6 billion from BTA Bank. The French court agreed to the extradition requests from Russia and Ukraine, which both house BTA Bank branches, partly because France does not have an extradition agreement with Kazakhstan. In 2011 Ablyazov gained political asylum in the UK after alleging that he faced prosecution in Kazakhstan because he was the leading figure in the opposition against Kazakhstan president Nursultan Nazarbayev. Ablyazov also claimed that he had been imprisoned for political reasons prior to these charges. Amnesty International  urged against Ablyazov's extradition after the court's ruling. Julie Hall, AI expert on counter-terrorism and human rights, said, "Not only do we have fears that Ablyazov would not get a fair trial in Russia or Ukraine, there is a real danger that he will eventually end up in Kazakhstan, where he will be at risk of torture and other ill-treatment." She cited a report (PDF) on the routine cooperation of Russia and Ukraine with Central Asian republics, including Kazakhstan, to transfer suspects, often at risk of their human rights.

Tunisia opts for civil law over sharia in constitution

Tunisian members of parliament rejected Islam as the main source of law for the country on Dec. 4 as they voted to establish a new constitution. The Islamist-led party and secular parties overcame intense debate about Islam's role in the country before beginning to draft the new constitution. The National Constituent Assembly adopted only 12 of the proposed 146 articles despite a Jan. 14 deadline for the completion of the new constitution. The first clause of the constitution says Tunisia is "a free country, independent, with sovereignty; Islam is its religion, Arabic its language and the republic its regime." However, Article 6 makes the state the "guardian of religion," "protector of the sacred" and guarantor of "freedom of conscience." The Tunisian government employed heavy security in the capital Tunis during the parliament assembly to deter attacks from radical Islamists opposed to the adoption of the new constitution in place of Islam law.

Bangladesh: another Islamist charged in war crimes

A leader in Bangladesh's main Islamist party was charged on Dec. 31 in connection with war crimes during the 1971 Bangladesh Liberation War with Pakistan. Abdus Subhan, who was arrested last September, was formally charged after Bangladesh's International Crimes Tribunal (ICTB) conducted an investigation. However, human rights groups say that the tribunal, which was set up in 2010 to investigate abuses committed in that war, does not meet international standards and supporters of the Islamist party Jamaat-e-Islami (JI) say the tribunal is used politically to eradicate its leaders. The Bangladesh war of independence caused an estimated 10 million civilians to flee to India, and an estimated 3 million deaths. Subhan has denied all charges.

Last Uighur prisoners released from Guantánamo

The US Department of Defense announced Jan. 1 that three Uighur Muslim detainees were transferred to Slovakia from the Guantánamo Bay military prison. The detainees, Yusef Abbas, Saidullah Khalik and Hajiakbar Abdul Ghuper, were the last three members of the Chinese ethnic minority being held at the facility since their 2001 capture in Pakistan. US District Court Judge Ricardo Urbina declared in 2008 that the detention of the Uighurs was unlawful, though the US has delayed their release to find a country that would accept them. Pentagon spokesperson John Kirby called the transfer "a significant milestone in our effort to close the detention facility at Guantanamo Bay."

Iraq: police arrest Sunni MP on terrorism charges

Iraqi police arrested Ahmed al-Awlani, an MP and prominent Sunni supporter of anti-government protests, on Dec. 28 in the city of Ramadi. Awlani, a member of the Sunni-supported Iraqiya bloc was reportedly wanted on terrorism charges  along with his brother, Ali. Ali and five bodyguards were killed in the police raid, and 18 others were wounded. Awlani has been a strong supporter of a group of protestors who have camped on a highway outside Ramadi in order to rally against perceived persecution of Iraqi Sunnis by the Shia-controlled government of Prime Minister Nouri al-Maliki. Sectarian fighting between Sunni and Shia Muslims has been considerable this year; over 8,000 people have been killed, mostly in sectarian clashes, since January, making 2013 the deadliest year for Iraqi civilians since 2008.

Egypt court sentences 139 protesters in mass trial

An Egyptian court Dec. 30 sentenced 139 supporters of ousted President Mohamed Morsi to two year prison terms on a variety of charges including rioting and sabotage. The protestors were arrested during a July 15 protest in Cairo, where Morsi's supporters demanded his reinstatement. Morsi was ousted from office as president in early July, when the Egyptian military took control of the government and suspended the nation's constitution. Egyptian state media reported earlier in December that Morsi will be tried on charges of espionage and terrorism along with 35 other defendants, many of whom are also former high-level officials and members of the Muslim Brotherhood. Also in December Human Rights Watch (HRW) urged the Egyptian government to reverse its decision to label the Muslim Brotherhood a terrorist organization, calling the label politically driven. In September an Egyptian court banned the Brotherhood, after having previously banned several media outlets for their alleged support of the group—the latest in several such moves against the pro-Morsi media.

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