Jurist

War crime seen in Benghazi mosque attack

Human Rights Watch (HRW) on Jan. 25 condemned the deadly mosque attack in eastern Benghazi two days earlier that left 34 people dead and 90 wounded, the majority civilians including three young children. According to a local hospital source, the car bombs exploded within 15 to 30 minutes of each other in front of the Baya'at al-Radwan Mosque in the Salmani district of Benghazi. The identity of the individuals or group that set the bombs is currently unknown. The first explosion occurred as worshipers were on their way out, after finishing their evening prayers known as "al-Isha," killing three and injuring six. The second explosion, which caused the majority of the casualties, followed the arrival of security forces and volunteer civilians who were helping to evacuate the wounded and dead.

Military judge approves destruction of 'black site'

Military judge James Pohl ruled Jan. 19 that no wrongdoing occurred when he authorized the destruction of a CIA secret prison, or "black site," despite the fact that a protection order was in effect on any remains from the CIA black sites. Prosecutors, citing national security powers, obtained permission from the judge to give defense attorneys photographs and a diagram of the site as a substitute for preservation the actual facility. According to Pohl, defense attorneys failed to show that "the physical evidence is of such central importance to an issue that is essential to a fair trial, or that there is no adequate substitute for the physical evidence." According to the Miami Herald, from 2002-2006, prisoners at the black site were subjected to waterboarding, sexual abuse, and other forms of torture.

Gitmo habeas claim charges Trump discrimination

Eleven Guantánamo inmates filed a writ of habeas corpus (PDF) in the US District Court for the District of Columbia on Jan. 11, claiming that their indefinite detention is due to President Donald Trump's anti-Muslim stance. The inmates argue they can only be legally kept at Guantánamo if their individual circumstances show that they would otherwise return to the battlefield. However, the suit claims that Trump's declaration that all Guantánamo inmates will remain in the prison camp does not take into account any of their individual circumstances, but instead is based on Trump's antipathy toward Muslims. Some of the petitioners have been at Guantánamo for the entirety of its 16 years in use as a prison. Two of the detainees were in the process of being cleared for release under the Obama administration, before the Trump administration put a stop to the release process for all inmates. The petition states that the indefinite detentions violate the due process clause of the Constitution.

UN rights chief against Mexico security legislation

UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein on Dec. 5 said that Mexico's proposed security legislation will not assist its armed forces in combating the war on drugs, but will contribute to the atmosphere of impunity in the country. The Law on Internal Security (PDF) was approved by the Chamber of Deputies last month. The law would would under certain circumstances allow place police officers to be placed under the command of the armed forces. Despite pressure from rights groups, the law would not place restrictions on the power of the armed forces to regulate themselves, which has led to widespread rights violations, including extrajudicial killings, torture and enforced disappearances.

Argentina: 48 ex-officers sentenced in 'dirty war'

An Argentine judicial panel on Nov. 28 sentenced (PDF) 29 former officials to life in prison, and 19 to between 8-25 years, for murder and torture during the military junta's 1976-1983 "Dirty War." The sentencing concluded a five-year trial and represented Argentina's largest verdict to date for crimes against humanity. Collectively, the 48 defendants were charged with the deaths of 789 victims. The prosecution called more than 800 witnesses to make their case. Additionally, the court acquitted six former officials.

Argentina: judge orders arrest of former president

Argentine Judge Carlos Bonadio ordered (PDF) the arrest of current senator and former president Cristina Fernandez de Kirchner on Dec. 7 for her possible involvement in a cover-up of Iran's participation in the 1994 bombing of a Buenos Aires Jewish center that left 85 people dead. Kirchner served as president of Argentina from 2007 to 2015 before being elected senator. During that time, Kirchner is alleged to have signed a deal with the Iranian government that would allow for Argentine magistrates to interview the officials suspected of ordering the attack in Tehran rather than in Buenos Aires, in an attempt to impede the investigation. For this, Kirchner faces a charge of treason. The crime of treason is punishable by 10 to 25 years in prison in Argentina.

DRC recruited ex-rebels to suppress protests: HRW

The Democratic Republic of Congo (DRC) government recruited former M23 rebel fighters to protect President Joseph Kabila after protests broke out last December over his refusal to step down at the end of his constitutionally mandated two terms, Human Rights Watch (HRW) reported Dec. 5. During December of last year, at least 62 people were killed and hundreds were arrested. The M23 fighters were granted authority to use lethal force. Many journalists were also detained to keep them from reporting about the events taking place. According to the report, rebel forces have long been recruited into the Armed Forces of the Democratic Republic of Congo (FARDC), without formal training or extensive vetting. The forces in question were deserters from the group, who were initially recruited from Rwanda and Uganda. The FARDC have themselves been criticized for various human rights violations.

Yemen: rights group accuses UAE of war crimes

The Arab Organisation for Human Rights in the UK (AOHR-UK) on Nov. 28 called for the International Criminal Court (ICC) to investigate allegations of war crimes in Yemen by the United Arab Emirates (UAE), especially concerning the recruiting of foreign nationals to serve in an army of mercenaries. AOHR-UK sent letters to the governments of Australia, Chile, El Salvador, Colombia and Panama, all countries where the recruitment has taken place, asking that they "withdraw their citizens from these dangerous formations and take measures against the UAE in accordance with the International Convention Against the Recruitment, Use, Financing, and Training of Mercenaries of 1989." (See text of Convention.)

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