Jurist

Bolivia: high court convicts seven officials of genocide

The Bolivian Supreme Court of Justice on Aug. 30 convicted seven officials—five military officers and two former cabinet ministers—of committing genocide. The military officials received sentences of 10–15 years while the former cabinet ministers received three-year sentences for complicity in the crime. The convicted leaders are not permitted an appeal. One commander of the army, Juan Veliz Herrera, pleaded innocence, and suggested he was being persecuted for having different political views than the current government. Trials for the genocide began in 2009, when the court began proceedings against former president Gonzalo Sanchez de Lozada (in absentia) for the deaths of 63 protesters in the "Black October" incidents of 2003. He faces 30 years in prison if convicted. A further 17 former government officials face genocide charges related to "Black October."

Syrian forces may be committing crimes against humanity: UN report

Syrian government forces cracking down on the opposition may be committing crimes against humanity, according to a report published Aug. 18 by the UN Office of the High Commissioner for Human Rights (OHCHR). The 22-page report, prepared by the the Fact-finding Mission on Syria, contains allegations of summary executions, killing of unarmed protesters and torture of detainees. According to the report, "[t]he Mission found a pattern of human rights violations that constitutes widespread or systematic attacks against the civilian population, which may amount to crimes against humanity as provided for in article 7 of the Rome Statute of the International Criminal Court." The Fact-finding Mission recommended that the Security Council refer Syria to the International Criminal Court (ICC) for further investigation. The UN Human Rights Council (HRC) is to hold a special session on Syria next week.

New York court declines to force probe of Gitmo prison psychologist

A New York judge on Aug. 11 dismissed a suit seeking to force an investigation of New York-licensed Guantánamo Bay psychologist Dr. John Leso for his development of "interrogation techniques." The Center for Justice and Accountability (CJA) and the New York Civil Liberties Union (NYCLU) sued the New York State Department of Education Office of Professional Discipline (OPD) last year to force a professional misconduct investigation. The OPD filed a motion to dismiss the case for lack of standing:

California unlikely to meet deadline to reduce prison population: report

California's Legislative Analyst's Office released a status report on Aug. 5 concluding that California is unlikely to meet the US Supreme Court's two-year deadline to reduce the state's prison population by 34,000 inmates. California's prisoner realignment plan, which entails shifting thousands of low-level offenders to county jails, could reduce the prison population by 32,000 inmates—still a few thousand inmates short of decreasing the 180% prison capacity to the mandated 137.5% capacity, by June 27, 2013. The report states that despite statutory sentencing changes, out-of-state transfers, the construction of new prisons, and the realignment of certain adult offenders and parolees, California is urged to request additional time to comply with the order. The number of inmates currently in California prisons is approximately 143,500, about a 19,000 inmate reduction from 2006.

Convicted Abu Ghraib ringleader released early

The convicted ringleader of abuses committed at Abu Ghraib prison in Baghdad was released Aug. 6 after serving more than six-and-a-half years of his 10-year sentence. Army Spc. Charles Graner, who was being held at the US Disciplinary Barracks at Fort Leavenworth, was released early as a result of earning days off for good behavior. Graner was convicted in 2005 of conspiracy, assault, maltreating prisoners, dereliction of duty, and committing indecent acts and received the longest sentence of the six others involved in the abuses. In May 2010, the US Court of Appeals for the Armed Forces heard arguments in the appeal of his 10-year sentence and affirmed his conviction the following month. Graner will remain under military supervision until 2014.

Israel: Supreme Court orders watershed removal of West Bank settlement outpost

The Supreme Court of Israel on Aug. 2 issued for the first time an order for the Israeli government to dismantle an illegal outpost in the West Bank. The order calls for Migron, the largest "illegal" outpost in the West Bank, to be razed by the end of March 2012. The action came as the result of a petition filed by Peace Now in 2006 calling for the court to order Migron to be dismantled. In response the government had decided to remove the flagship settlement outpost (established by the Binyamin Regional Council) by August 2008, but later reached a compromise with settlers that delayed the razing until the state could build them a new neighborhood in a nearby settlement. However, the delay only allowed more houses to be built, and the Court noted during deliberations that the intended two-year postponement had actually turned into an indefinite delay.

Cuba high court upholds US contractor's 15-year sentence

The supreme court of Cuba (officially, the Supreme Popular Tribunal) on Aug. 5 upheld a 15-year sentence for Alan Gross, a US citizen accused of "acts against the independence or integrity of the state." Gross was arrested in 2009 and has served 20 months of his sentence for his work as a consultant for Development Alternatives Incorporated (DAI), a business that contracts with the US Agency for International Development (USAID). Gross claims that he was aiding the Cuban Jewish community to achieve unfiltered Internet access by distributing various communications devices, while the Cuban government alleges that he was creating internal networks to foment protests on behalf of the US government.

Guatemala: court sentences ex-soldiers to over 6,000 years in prison

A Guatemalan court on Aug. 2 convicted and sentenced four former soldiers to 6,060 years in prison each on war crimes charges related to the 1982 Dos Erres massacre. Carlos Antonio Carias, Manuel Pop, Reyes Collin and Daniel Martínez were convicted of crimes against humanity for being members of a military force that killed more than 250 people in the village of Dos Erres during the 36-year Guatemalan civil war, though the men were ultimately held accountable for only 201 deaths. Three of the men were members of a special forces unit known as the Kaibiles, which is alleged to have played a role in the massacre. The military force was attempting to put down insurgents during Guatemala's military rule under Gen. Efrain Rios Montt. The men pleaded not guilty to the war crimes charges at the start of the trial last week, arguing that they were not stationed with the group that carried out the atrocities at Dos Erres. Twenty-three witnesses, including former military officials and survivors, testified at trial.

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