Jurist
Morocco: king announces constitutional reforms
King Mohammed VI of Morocco on June 17 announced changes to the constitution which would transfer some of the political power held by the king to elected officials. The proposed changes would instill more authority in the country's prime minister, who would be given the power to appoint government officials as the "president of the government." The reforms would also ensure that the prime minister is the leader of the largest party in parliament, as opposed to being selected by the king. Mohammed said that if these reforms were approved, it would represent a transition to democratic institutions for Morocco. Mohammed would still retain certain important powers as chair of the Council of Ministers and the Supreme Security Council, leaving him control over the country's security, military and religious institutions.
Indonesia: cleric sentenced to 15 years in prison on terror conviction
Indonesian cleric Abu Bakar Bashir was sentenced June 15 to 15 years in prison for his involvement with a terrorist training camp in the province of Aceh to prepare Islamic radicals to carry out attacks in Jakarta. Prosecutors said Bashir provided more than $62,000 to the group, which was allegedly planning attacks modeled after the 2008 Mumbai terror attacks and targeting high-profile members of the Indonesian government. Bashir was found guilty of inciting terrorism. He was not convicted, however, of funding terrorist activities because there was not enough evidence to prove Bashir's money contributed to purchasing guns for use at the training camp. The 72-year-old said he would appeal the sentence because it ignores Sharia law.
Federal judge overturns release of Yemeni Gitmo detainee
A judge for the US Court of Appeals for the District of Columbia Circuit on June 10 overturned the release of Yemeni Guantánamo Bay detainee Hussein Salem Mohammed Almerfedi. After his capture in 2001 and detention at Guantánamo Bay, Almerfedi filed a petition for a writ of habeas corpus which was granted by a lower court. The government had argued that Almerfedi was a supporter of al-Qaeda because of his travels to Pakistan that indicated strong ties to the group. However, the court concluded that the government had not met its burden to show by a preponderance of the evidence that Almerfedi was part of al Qaeda. The appeals court, however, found that the government had met its burden of proof by a preponderance of evidence that Almerfedi was, in fact, part of al-Qaeda:
Patriot Act extended through 2015
US President Barack Obama signed a four-year extension of the Patriot Act late on May 26, minutes before it was set to expire. The bill passed the US Senate 72-23, and shortly after passed the US House of Representatives by a vote of 250-153. Although major congressional leaders of both parties had agreed to a clean extension of the act last week, delays were met when Sen. Rand Paul (R-KY) filibustered the bill over the lack of an amendment process and serious concerns about privacy. After three days of filibustering, Paul received votes on two amendments that ultimately failed, both related to the ability of security officials to survey gun purchases. Controversial provisions renewed include provisions allowing the government to use roving wiretaps on multiple carriers and electronic devices and allowing the government to gain access to certain records relevant to its investigations. The "lone wolf" provision enables investigators to get warrants to conduct surveillance over targets not connected to any particular terrorist group.
Federal appeals court denies habeas for Yemeni Gitmo detainee
The US Court of Appeals for the District of Columbia Circuit on May 27 affirmed a lower court's decision confirming that Yemeni Guantánamo Bay detainee Musa'ab Omar al-Madhwani is lawfully detained for being part of al-Qaeda. Madhwani challenged the denial of 2004 petition for writ of habeas corpus by the US District Court for the District of Columbia claiming that there was insufficient evidence to find that he was part of al-Qaeda and that the district court improperly relied on evidence outside the record, abused its discretion in denying additional discovery and committed various legal errors, including due process violations. The court supported the use of the "command structure" test employed by the district court as "sufficient to show that a person is part of al-Qaeda" in response to Madhwani's arguments against using an erroneous legal standard where only preponderance of evidence is needed to detain someone in connection with al Qaeda. Examining the evidence de novo, the appeals court found that:
Brazil lower house passes reforms easing restrictions on deforestation
The Brazil House of Deputies passed reforms to the the country's forest code May 24 that ease restrictions on deforestation and provide amnesty for prior deforestation violations. The amended code would allow small farmers to cut down trees on hilltops and along rivers, two areas that were previously protected. It would also provide farmers with amnesty for violations of the forest code prior to July 22, 2008. The amendments were mainly pushed by Alldo Rebelo, head of the Communist Party of Brazil, who argues that the restrictions are disproportionately hurting small-scale farmers. The amendments still have to be passed by the Senate, where they are expected to meet tough opposition, and be signed by President Dilma Rousseff before taking effect. A group of 10 former environmental ministers sent a letter dated May 23 to the president urging a balanced approach to environmental regulation that will promote both the agricultural industry and environmental sustainability.
Bahrain: court upholds two death sentences for police killings
Bahrain's Appeal National Safety Court on May 22 unanimously upheld death sentences for two men convicted of killing police officers during anti-government protests in March. The court reduced the death sentences of two others to life in prison. The four men were tried in the special appeals security court set up by Royal Decree in March, under emergency law, during the Shiite-led protests in Bahrain. The special court and other measure implemented under emergency law have been heavily criticized by various human rights groups. Nabeel Rajab, leader of the Bahrain Center for Human Rights criticized the ruling, expressing his concern that the cases are politically motivated and an attempt for the government to stop protests. The date for the two executions has not yet been disclosed but would first require the approval of Bahrain's king. The death penalty is rarely used in Bahrain and typically not used against the country's citizens.
Belarus: presidential candidate sentenced to five years for inciting riots
Belarus's Minsk City Court last week sentenced former presidential candidate Andrey Sannikau to a five-year maximum security prison term for organizing protests following the re-election of President Alexander Lukashenko in December 2010. Lukashenko reportedly won 80% of the vote, while Sannikau was second with a distant 2.5%. Currently, four other presidential candidates are awaiting trial, while one was released in January, and another has fled Belarus to seek asylum in the Czech Republic.
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