Jurist
Obama administration may resume military commission trials: NYT
The Obama administration may increase its use of controversial military commissions for Guantánamo Bay detainees, according to a New York Times report Jan. 20. Per the report, administration officials plan to rescind an order issued on Obama's first day in office that halted military commission proceedings and continues to block the government from initiating new cases under the system. If done, filings are expected within weeks, which would represent the first time that new charges are brought against detainees during the Obama administration. Officials are also reportedly drafting a new executive order that would establish mechanisms by which to review the cases of those detainees held without trial.
Haiti: ex-dictator Duvalier charged with theft, corruption
Former Haitian dictator Jean-Claude Duvalier was charged Jan. 18 with corruption, theft, misappropriation of funds and other unnamed crimes. Duvalier underwent several hours of questioning, and, although he was released, he does not have the right to leave Haiti. Duvalier returned to Haiti from exile in France on Jan. 16, stating that he had come to offer assistance to help the country recover from last year's earthquake. On Jan. 17, Amnesty International called for Haitian authorities to prosecute Duvalier for human rights violations committed during his time in power. Amnesty claimed Duvalier and his regime committed acts of "systematic torture," including the disappearance or execution hundreds of pro-democracy activists at the hands of Haiti's armed forces and paramilitary force, the Tonton Macoutes. There has been no comment from Haitian authorities as to whether Duvalier will eventually be charged on these rights violations.
Offshore drilling company files suit to end delay in issuance of drilling permits
Officials from the Ensco Offshore Company appeared in the US District Court for the Eastern District of Louisiana on Jan. 12 in connection with a lawsuit the company filed last year against the moratorium on issuing drilling permits. The moratorium was enacted after the Deepwater Horizon oil spill. Ensco told the court that although the moratorium has been lifted, officials continue to unreasonably delay action on deepwater drilling permit applications. Ensco is seeking a preliminary injunction compelling the US Department of Interior to "expeditiously" process five pending permit applications the company has filed. The US Department of Justice denies there are delays and says that the additional time is due to new safety precautions to which the DoI must adhere.
US transfers Gitmo detainee to Algeria a year after habeas order
The US Department of Defense (DoD) announced Jan. 6 that Guantánamo Bay detainee Farhi Saeed Bin Mohammed was transfered to his native Algeria pursuant to a court order from November 2009. The DoD said it had successfully transferred Farhi after the inter-agency Guantánamo Review Task Force aapproved the transfer following a comprehensive review considering, especially, the security issues. The DoD worked closely with the government of Algeria to transfer Farhi safely and securely. Farhi's lawyers had fought the transfer back to Algeria out of fear that he would be tortured and mistreated. It is unclear whether Farhi is currently in jail in Algeria.
Spanish judge launches probe into Iraq refugee killings
Spanish National Court judge Fernando Andreu on Jan. 4 issued a writ to pursue an investigation against Iraqi Lt. Gen. Abdol Hossein al-Shemmari for allegedly ordering a July 2009 strike against Iranian exiles at Camp Ashraf in which 11 unarmed civilians were killed, 36 were detained and approximately 500 were injured. Most of the citizens of the camp are members of the People's Mojahedin Organisation of Iran (MEK), the largest Iranian opposition organization, whose members are considered protected persons under the Geneva Conventions.
Afghanistan: president orders tribunal to hear election fraud complaints
Afghan President Hamid Karzai issued a decree Dec. 26 allowing the country's Supreme Court to go forward with its plan to set up a tribunal to hear complaints of fraud during the September parliamentary elections. The tribunal brings doubt over the legitimacy of the elections, already tainted by irregularities that forced authorities to invalidate a significant number of votes and disqualify candidates. The decision comes less than a month before the 249-seat parliament is set to convene on Jan. 20, but officials say Karzai is committed to inaugurating the parliament by then.
US denies Poland request for assistance in CIA prison probe
The Helsinki Foundation for Human Rights announced Dec. 28 that the US government has refused to provide legal cooperation to Polish prosecutors investigating whether Saudi terror suspect Abd al-Rahim al-Nashiri was tortured in a secret CIA prison in Poland. According to the letter sent by Polish prosecutors to the Helsinki Foundation, the US government denied the March 2009 request on the basis of a bilateral agreement on the protection of state interests.
White House acknowledges Gitmo to remain open for foreseeable future
Detainees will continue to be held at the detention center at Guantánamo Bay for the foreseeable future, White House press secretary Robert Gibbs acknowledged Dec. 26 on CNN's "State of the Union." The statement comes almost one year after the Obama administration missed its self-imposed January 2010 deadline to close the facility. Gibbs also stated that in addition to the use of civilian courts and military commissions, some detainees would have to be indefinitely detained:
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