Jurist

Sri Lanka releases information on thousands detained since civil war

The Sri Lanka Police on May 13 released the names of thousands of people being held under that country's anti-terror laws. The release comes three years after the end of the country's 26-year civil war with the Liberation Tigers of Tamil Eelam (LTTE). The announcement is the first release of this type of information by the Sri Lankan government. This information release is likely in response to continued calls from the international community to address human rights concerns in the country. In March the UN Human Rights Council (UNHRC) urged the government of Sri Lanka to adequately investigate alleged war crimes that occurred during the civil war.

Bangladesh: war crimes tribunal indicts 89-year-old opposition leader

The International Crimes Tribunal in Bangladesh (ICTB) on May 13 indicted a former opposition leader for alleged human rights atrocities committed during the 1971 Bangladesh Liberation War against Pakistan. Ghulam Azam, 89, is the former head of the Jamaat-e-Islami party. He opposed the independence of Bangladesh and reportedly aided the Pakistani Army during the war. Azam stands accused of crimes against humanity, genocide, murder, rape, arson and other international crimes carried out during the liberation conflict, in which Azam allegedly created and led violent pro-Pakistan militias. Azam is the third suspect and highest profile opposition figure to have been charged since the ICTB was established by Bangladesh in 2010. He claims that the charges against him are politically motivated. The trial is set to begin on June 5.

Federal appeals court revives lawsuits against Abu Ghraib contractors

The US Court of Appeals for the Fourth Circuit ruled 12-2 May 11 that the earlier dismissal of lawsuits against two Abu Ghraib contractors on the grounds that they have immunity as government contractors was premature. The court sent the cases against CACI International Inc and L-3 Communications Holdings Inc back to the district court for fact-specific scrutiny to determine the validity of their immunity claims. According to the en banc decision of the appeals court, the case must be remanded because, "[t]he appellants are requesting immunity in a context that has been heretofore unexplored. These are not disputes in which facts that might be material to the ultimate issue have been conclusively identified." Prior to the decision of the appeals court, the US Department of Justice filled an amicus brief claiming that torture claims are not subject to immunity and that the case should be remanded to the district court.

Bahrain authorities arrest prominent human rights activist

Bahraini authorities on May 7 arrested prominent human rights activist Nabeel Rajab, according to the country's Interior Ministry. According to his lawyer, Rajab was arrested for messages he posted on Twitter criticizing the Interior Ministry. Rajab is the president of the Bahrain Center for Human Rights (BCHR), a group that has been critical of the Bahraini regime's response to protests and demonstrations in Bahrain which have been ongoing since February 2011. Following Rajab's arrest, the BCHR expressed concern that "[t]he authorities in Bahrain have used many methods in attempting to prevent and/or limit human rights defenders in Bahrain from carrying out their work of documenting and reporting on human rights violations in the country." Rajab was charged with insulting a statutory body and will be detained for seven days.

Iraq: court dismisses charges against former US detainee

Ali Mussa Daqduq, a former detainee of the US with ties to Hezbollah, was cleared of all charges in an Iraqi court, his lawyer said May 7. The US handed Daqduq over to Iraqi authorities in December as part of the "end of the Iraq War." US President Barack Obama considered trying Daqduq on US soil but was unable to come to an agreement with Iraqi officials. Since no decision could be reached, Duqdaq had to be transferred to Iraq officials pursuant to the 2008 Status of Forces Agreement between the US and Baghdad. Many politicians expressed concern at the time of his transfer that Iraqi courts would not be able to convict Duqdaq. The US government did not immediately respond the dismissal of charges.

Bush administration lawyer granted qualified immunity in torture suit

The US Court of Appeals for the Ninth Circuit on May 2 granted qualified immunity to former Bush administration official John Yoo over allegations of wrongdoing in relation to controversial memos asserting the legality of "enhanced interrogation techniques." The lawsuit, brought by convicted terrorism defendant Jose Padilla, claimed Yoo's legal opinions endorsing "enhanced interrogation techniques" led to Padilla being tortured. Padilla, a US citizen currently serving a 17-year sentence on terrorism-related charges, said that he was tortured while held as an "enemy combatant" in military custody in a Navy military brig in Charleston, SC. In granting qualified immunity, the panel wrote:

Mexico approves law to aid victims of narco violence

The Mexican Chamber of Deputies on April 30 approved a bill that will recognize, protect and provide aid to victims of crimes stemming from the gang-related drug wars that have engulfed the country for nearly the last six years. Known as the General Victims Act, the law was passed by Mexico's lower house of Congress as a means to compensate those persons adversely affected by fighting between gangs and security forces. The law will provide financial, legal and medical aid to those in need; victims of criminal violence will be eligible for relief of up to 950,000 pesos ($73,000). The bill was passed by the Mexican Senate last week in response to longstanding demand, as more than 47,500 people have died in Mexico over the last five-and-a-half years due to drug-related violence, and thousands more have gone missing.

Charles Taylor convicted of war crimes

The Special Court for Sierra Leone (SCSL) on April 26 convicted Liberia's former president Charles Taylor on all 11 counts of war crimes and crimes against humanity committed during Sierra Leone's decade-long civil war. Trial Chamber II found unanimously that Taylor aided and abetted Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC) forces. Taylor is the first head of state to be tried and convicted by an international tribunal. The verdict was welcomed by the UN High Commissioner for Human Rights. A sentencing hearing is scheduled for May 16, and sentencing will take place May 30. The court may not impose the death penalty or a life sentence. Both the prosecution and the defense will have the opportunity to appeal within 14 days of the sentence.

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