Jurist
Turkish court orders release of opposition leader
A Turkish court ordered the release of an imprisoned Peoples' Democratic Party (HDP) parliamentarian on Sept. 7, according to an HDP statement. Ayhan Bilgen is the former speaker of the HDP and had been jailed over allegations of terrorism. The release follows a "Conscience and Justice Watch" at the Constitutional Court building to demand action for those unjustly and unlawfully imprisoned. The current Turkish government has removed and arrested more than 150,000 people after a failed coup last year.
Guatemala: halt expulsion of anti-corruption chief
The Guatemalan Supreme Court on Aug. 29 suspended President Jimmy Morales' order to deport the head of a UN anti-corruption commission from the country. The order came from the president two days after Ivan Velásquez, the Colombian prosecutor who leads Guatemala's International Commission against Impunity, announced he was seeking to lift Morales' immunity from prosecution in order to investigate alleged illegal campaign financing. The Supreme Court quickly halted the deportation, stating that the order was issued improperly. The UN said that it was disturbed by Morales' actions against Velásquez. In protest of Morales' actions, citizens declared a state of siege in the capital, while US ambassador to Guatemala Todd Robinson stated that the president's moves could put at risk a US development plan in Central America to reduce poverty and crime.
India: Islamic 'instant divorce' law unconstitutional
The Supreme Court of India ruled (PDF) Aug. 22 that Islam's "instant divorce" law, which allowed Muslim men to divorce their wives by saying the word "talaq" three times, was unconstitutional. The case was heard by five judges of the court and resulted in a vote of 3-2. The court found that the practice is gender-discriminatory and noted that several countries with sizable Muslim populations do not allow the talaq instant divorce. The court has given a six-month period for the talaq divorce to be redefined or simply done away with altogether. No husband is allowed to use the talaq divorce during this period. The All India Muslim Personal Law Board (AIMPLB) filed an affidavit stating that they will recommend that husbands not utilize the talaq divorce. However, the AIMPLB also stated that they will contest the ruling. The ruling was supported by India's prime minister Narendra Modi.
Afghanistan attacks 'may amount to war crimes'
The UN Assistance Mission in Afghanistan (UNAMA) released a special report Aug. 20 detailing human rights violations committed during attacks on Mirza Olang village (Sayyad district, Sari Pul province) earlier this month. During the three-day assault, Taliban and Islamic State fighters reportedly killed at least 36 people in the predominantly Shi'ite village. Those killed included both civilians and members of a pro-government militia who were unarmed prior to execution. While UNAMA verified the killings and the separation of women and children, it could not verify other claims of beheadings, abductions of women, or sexual assault. Further investigations are required to ascertain whether the attacks amounted to sectarian violence. According to the report, "These killings, corroborated by multiple credible sources, constitute violations of international humanitarian law and may amount to war crimes." The Taliban have rejected the claims and denied the involvement of IS fighters.
Reparations for destroyed Timbuktu shrines
The International Criminal Court (ICC) on Aug. 17 found (PDF) that a former Malian jihadist militant is liable for individual and collective reparations for overseeing the destruction of Muslim shrines in Timbuktu. Ahmad al-Faqi al-Mahdi was found liable for 2.7 million euros in expenses. In its order, the ICC stressed the importance of cultural heritage:
Because of their purpose and symbolism, most cultural property and cultural heritage are unique and of sentimental value. As a result, they are not fungible or readily replaceable. The destruction of international cultural heritage thus "carries a message of terror and helplessness; it destroys part of humanity's shared memory and collective consciousness; and it renders humanity unable to transmit its values and knowledge to future generations". It is an irreplaceable loss that negates humanity.
The court noted that al-Mahdi is indigent and encouraged the Trust Funds for Victims to complement the reparations award and submit a draft implementation plan by next February.
Appeals court: military judge biased in 9-11 case
The US Court of Appeals for the District of Columbia Circuit ruled (PDF) Aug. 16 that Judge Scott Silliman should have recused himself in a case concerning multiple defendants who were charged with aiding in the 9-11 attacks. The petitioner, Khalid Sheikh Mohammed, argued that Silliman was biased in the matter and cited a 2010 comment in which Silliman called Mohammad and his co-defendants the major conspirators in th attacks. The court found that because Silliman "expressed an opinion that Petitioner is guilty of the very crimes of which he is accused," he manifested an "apparent bias" and thus should have recused himself. The court granted the petition seeking recusal of Silliman and vacated a decision (PDF) by the US Court of Military Commission to reinstate charges for "attacking civilians and destroying property in violation of the law of war" against Mohammad and his co-defendants.
DRC militia leader turns himself in to UN forces
Ntabo Ntaberi Sheka, the leader of a militia in the Democratic Republic of Congo (DRC), turned himself in to UN Organization Stabilization Mission in the DR Congo (MONUSCO) on July 26. The DRC took out a warrant for Sheka's arrest in 2011 after his forces allegedly raped at least 387 civilians during a four-day period in 2010. The militia is also accused of murdering 70 civilians between 2010 and 2015. The UN sanctioned Sheka in 2011 for war crimes, including mass rapes and crimes against children. MONUSCO said that Sheka surrendered near the town of Walikale, North Kivu province, and will be transferred to DRC authorities to eventually stand trial.
Argentina: ex-judges get life for crimes against humanity
A court in the Argentine province of Mendoza on July 26 sentenced four former federal judges to life in prison for crimes against humanity carried out during the country's 1976-1983 dictatorship. The judges were originally tried as accomplices for failure to investigate the abduction, torture and murder of dissenters. The prosecutors eventually charged the judges as principals, arguing that their "inaction on the petitions preceded the disappearance of more than 20 dissidents." The sentence has been applauded by several human rights groups, including the Grandmothers of the Plaza de Mayo, which has advocated for civilian perpetrators being brought to justice for their role during the dictatorship.

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