Jurist

Judge blocks indefinite detention of asylum seekers

A US district court judge ruled on July 1 that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was previously ordered by Attorney General William Barr. Judge Marsha Pechman, of the Western District of Washington in Seattle, held that section 235(b)(1)(B)(ii) of the Immigration and Nationality Act, which prohibits releasing on bond persons who have been found to have a credible fear of persecution in their home country, violates the US Constitution. Pechman's decision stated that the plaintiffs in the case, Padilla vs ICE, have established that asylum seekers have "a constitutionally protected interest in their liberty" and a "right to due process, which includes a hearing."

Nicaragua approves police amnesty law

Nicaragua’s Congress on June 8 approved an amnesty law that will offer protection to police and others involved in crimes against anti-government protesters over the past year. According to rights groups, more than 700 people were arrested in demonstrations that erupted in April 2018 when President Daniel Ortega tried to cut social security benefits. More than 300 mostly opposition protesters died in clashes with security forces, while more than 60,000 Nicaraguans have gone into exile due to political strife over the last 14 months. The new law was approved by 70 votes from Ortega's Sandinista National Liberation Front (FSLN) in the 92-member chamber. It also allows for the release of detainees arrested during the protests, despite the fact that Ortega labelled them "terrorists." The new law has faced harsh criticism from human rights groups and the UN.

Afghanistan war crimes victims appeal to ICC

Victims of war crimes in Afghanistan filed an appeal June 10 with the International Criminal Court (ICC) challenging the court's recent decision not to pursue a war crimes investigation in Afghanistan. The appeal was filed by the Center for Constitutional Rights in New York and the Global Justice Clinic at the New York University School of Law, among others, on behalf of the victims. The victims claim that significant war crimes have taken place in Afghanistan and that failure to investigate will deny the victims justice, while allowing the perpetrators to escape justice. The victims further claim that the perpetrators will be free to continue committing war crimes and that the mandate of the ICC will be severely damaged if justice is not served. The victims specifically highlighted that top officials in the US government have failed to comply with the court's requests and, as such, have interfered with the effectiveness of the investigation and the ICC as a whole. 

Amnesty: war crimes continue in Burma's Rakhine

Amnesty International on May 29 released a report asserting that Burma's military is continuing to commit war crimes and human rights violations in the context of its campaign against the rebel Arakan Army in Rakhine state. The campaign began after the Arakan Army launched coordinated attacks on police posts in Rakhine on Jan. 4, killing several officers. The report finds that the military has fired indiscriminately in civilian areas, killing and injuring civilians and damaging homes and other property. Soldiers have at times obstructed access to medical treatment for civilians, including children, injured by such attacks.

Egypt: 'crimes against humanity' in Sinai feared

Human Rights Watch (HRW) on May 28 detailed abuses against civilians by both the Egyptian government and militants in the Sinai Peninsula, some of which HRW classified as war crimes and possible crimes against humanity. The information in the report was collected over a two-year investigation into the conditions facing civilians in Sinai. The abuses detailed in the report include mass arbitrary arrests, enforced disappearances, torture, extrajudicial killings, and unlawful air and ground attacks against civilians. These actions are part of the government's fight against the ISIS-affiliated militants in Sinai. HRW claims that both groups are guilty of committing atrocities against civilians, but the Egyptian government is responsible for the majority of the abuses.

Suit against French bank over Sudan atrocities

The US Court of Appeals for the Second Circuit in New York City on May 22 reversed a district court's dismissal of a class action lawsuit against French bank BNP Paribas over aiding atrocities in Sudan. The lawsuit was brought in 2016 by 21 refugees from Sudan's ethnic-cleansing campaigns Darfur and South Kordofan regions, alleging that the bank conspired with, and aided and abetted, the Sudanese regime. The plaintiffs' complaint alleges that BNP processed thousands of illegal transactions through its New York offices, which financed weapons purchases and funded militias in a "well-documented genocidal campaign." The reversal comes nearly five years after BNP pleaded guilty to committing large-scale violations of sanctions against Sudan, Cuba and Iran, which resulted in a record $8.97 billion fine.

Rights abuses mount in conflicted Cameroon

Human Rights Watch (HRW) on May 6 described the abuse of detainees at a detention center in Cameroon's capital city of Yaoundé, identifying violations of domestic and international human rights law. Torture and arbitrary detention have been "endemic in Cameroon's law enforcement and military system," carried out by gendarmes and other security forces of the State Defense Secretariat. These tactics are employed against suspected members or supporters of Boko Haram or armed separatist groups.

Sudan charges al-Bashir with killing protesters

Sudan public prosecutors announced May 13 that they have charged ousted president Omar al-Bashir with incitement and involvement in the killing of protesters during the uprising that drove him from power last month. Protest organizers say security forces killed around 100 demonstrators during the four months of rallies leading to al-Bashir's overthrow on April 11. The demonstrators have remained in the streets since then, demanding the dismantling of his regime and a swift transition to civilian rule. The Transitional Military Council said al-Bashir will face justice inside the country and will not be extradited to The Hague. It was not immediately clear what punishment he might face.

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