Jurist
UK settles with Gitmo detainees over torture allegations
The UK government on Nov. 16 announced a settlement with 16 Guantánamo Bay detainees over allegations of torture. Details of the settlement agreement, which are legally bound to a confidentiality agreement, have not been released, although at least seven detainees are expected to receive compensation, with at least one receiving over one million pounds. In return, the 16 detainees—12 of whom had filed suit and four of whom were planning to—agreed to drop a lawsuit against MI5 and M16, Britain's domestic and overseas intelligence agencies, respectively. Although many of the detainees receiving settlement are British citizens, some are not and may be offered asylum as part of the settlement. At least one is still detained in Guantánamo Bay.
Lebanon: military court convicts cleric on terrorism charges
A Lebanese military court on Nov. 12 convicted cleric Omar Bakri Mohammed of terrorism and sentenced him to life in prison. Bakri was found guilty of belonging to an armed group that plotted to carry out terrorist acts against Lebanese soldiers and was sentenced along with 54 others who fought in clashes with the Lebanese army in 2007. Tried and convicted in absentia, Bakri was reportedly surprised when his lawyer informed him of the verdict. He claims to have never received a summons or an arrest warrant. As Bakri lives openly in Tripoli, a city in the north of Lebanon, and appears regularly on television, it is not immediately clear why he was not arrested. Bakri maintains that the charges are fabricated and has refused to turn himself in.
No charges to be filed in CIA videotape destruction case
No criminal charges will be brought against Central Intelligence Agency (CIA) officials for destroying videotapes of controversial interrogations of terror suspects during the Bush administration, a federal prosecutor announced Nov. 9. US Department of Justice special prosecutor John Durham "has concluded that he will not pursue criminal charges for the destruction of the interrogation videotapes," said DoJ spokesperson Matthew Miller.
Oklahoma Islamic law ban challenged
The Oklahoma chapter of the Council on American-Islamic Relations (CAIR) filed a lawsuit Nov. 4 challenging the constitutionality of State Question 755, which amends the state constitution to ban the use of Islamic or international law in state court decisions. The suit, filed in the US District Court for the Western District of Oklahoma, seeks to block the Oklahoma State Board of Elections from certifying this week's election results, in which voters approved the measure by a vote of 70 to 30%. CAIR argues that the law violates the Establishment Clause of the First Amendment. The law would prevent Oklahoma courts from "look[ing] to the legal precepts of other nations or cultures," requiring them only to look to legal precedents of other states for guidance, provided that state does not use Islamic law.
DC Circuit orders further review of Gitmo detainee release order
A three-judge panel for the US Court of Appeals for the District of Columbia Circuit on Nov. 5 ordered further review of a lower court decision to release Guantánamo Bay detainee Mohamedou Olud Slahi, allegedly linked to the 9-11 terrorist attacks. The order vacated US District Court Judge James Robertson's decision to release Slahi and remanded the case, instructing the court to conduct further review to see if Slahi has abandoned ties to al-Qaeda, to which he swore an oath of allegiance in the early 1990s.
Omar Khadr sentenced by military jury
A panel of seven senior US military officers on Oct. 31 sentenced Canadian Guantánamo Bay detainee Omar Khadr to 40 years in prison, but Khadr will serve no more than eight years under the terms of a guilty plea agreement. Khadr pleaded guilty last week to all five charges against him, including murder, attempted murder, conspiracy, providing material support for terrorism and espionage, agreeing to serve an eight-year sentence. He will serve only one year of his sentence at Guantánamo and will then be able to apply to be transferred to Canada and will be eligible for parole after serving one-third of his sentence. According to a diplomatic note agreement the US and Canada, Khadr's application will be "favorably" considered.
Somalia's parliament approves new PM following constitutional dispute
Somalia's parliament on Oct. 31 voted 297-92 to approve new Prime Minister Mohamed Abdullahi Mohamed, after several delays due to a constitutional dispute over the confirmation procedure. Somali President Sharif Sheikh Ahmed Sheikh Mahmud had argued that due to the silence of the Somali Transitional Federal Charter on confirmation procedures, Somalia's 1960 Constitution must control, which states that all confirmations must be expressed by open vote. Speaker of Parliament Sharif Hassan Sheikh Aden disputed this, pushing for a secret ballot. Supporters of Abdullahi say he may have a better chance than predecessors of controlling Islamist insurgents and pirates the come from the country.
Kuwait appeals court upholds acquittal of accused al-Qaeda militants
A Kuwaiti appeals court on Oct. 28 upheld the acquittal of eight men accused of attempting to form an al-Qaeda cell and planning to attack a US base 70 miles south of Kuwait City. The men were tried and acquitted by a lower court in May, with two of the men, Mohsen al-Fadhli and Mohammad al-Dossari, being acquitted in absentia. Al-Fadhli has been wanted by Kuwaiti security forces for the past five years, and al-Dossari is standing trial in Lebanon on charges of terrorism. Five of the remaining defendants were released from custody following the original acquittals, while the sixth defendant is currently serving a life sentence on unrelated terror charges. The court of appeals also upheld the lower court's ruling that the men had been tortured by the Kuwaiti security service. Adel Abdulhadi, a lawyer for the acquitted men, said that the defense team was considering suing the interior ministry for the alleged torture. The prosecution still has the option of appealing the acquittals to Kuwait's highest court, although they have not yet indicated whether they will do so.
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