Jurist
Conviction of bin Laden assistant upheld
A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:
France: court allows closure of migrant camp
An administrative court in Lille, France, on Oct. 18 rejected requests from almost a dozen aid groups and permitted the closure process of the "Jungle" migrant camp near Calais to continue. President François Hollande has promised closure of the camp as pressure for such a result grows while the April election approaches, and Interior Minister Bernard Cazeneuve stated that the demolition project is only days away. The groups were seeking postponement of the closure in order to better organize relocation of the migrants, but the court determined that the closure seeks to prevent inhuman treatment that migrants are currently subjected to at the camp. While another concern was the transport of unaccompanied minors, the transfers are to be done pursuant to the Dublin Regulations, which in part governs family reunification.
Australia using Nauru as 'open-air prison'
Australia is using the island of Nauru as an "open-air prison," putting refugees and asylum seekers through an abusive processing system as a means to prevent immigration, according to a report (PDF) released by Amnesty International Oct. 17. The report charges that Australia has ignored the 1951 Refugee Convention (PDF) by subjecting asylum seekers and refugees to "egregious abuses," essentially trapping them on the remote island. The report includes dozens of interviews with refugees, documenting claims of mental health issues, suicide attempts and attacks at the hands of Nauru citizens. It describes inadequate and often "deeply humiliating and traumatizing" medical treatment, and abuses carried out against children, including physical abuse from staff contracted by Australia, and the denial of their right to education. The report calls upon the Australian government to ensure the safety and well-being of refugees, and increase access to existing migration programs.
Emir of Kuwait dissolves parliament
The Emir of Kuwait, Sheikh Sabah al-Ahmad al-Sabah, issued a decree to dissolve the parliament on Oct. 16. The decision was made due to "mounting security challenges as well as volatile regional developments." As of late, tension has been rising between the government and parliament, as parliament members sought to question government leaders regarding a decision to increase petrol prices and other alleged financial and administrative violations. Kuwait has been under increasing pressure as global oil prices have dropped, forcing the country to cut back on numerous subsidies, causing civil unrest. In addition, Kuwait has faced threats of attack by ISIS.
African women protest at Mt. Kilimanjaro
Women from various African countries gathered at the foot of Mt. Kilimanjaro in Tanzania to demand land rights Oct. 15, during observations of International Day of Rural Women. The protest, dubbed the "Women to Kilimanjaro Initiative," is an attempt to bring attention to denial of land rights and other unequal treatment women face across various economic sectors. [Organizers noted that women are particularly vulnerable to land-grabbing in countries where rural families often lack legal title to their lands, and are less likely to receive just compensation for lost lands. A small delegation of women even climbed the peak itself—an elevation of nearly 6,000 meters above sea level—in a symbolic statement of their determination.] Under the social media campaign #Women2Kilimanjaro, the women called on governments to enforce laws and policies that promote land rights and gender justice. The women also circulated a petition that will be delivered to regional leaders in the coming days.
Court allows Dakota Access Pipeline to proceed
The US Court of Appeals for the District of Columbia Circuit on Oct. 9 ruled (PDF) against Native American tribes, allowing construction on the Dakota Access Pipeline to move forward. The Standing Rock Sioux and the Cheyenne River Sioux tribes sought a permanent injunction to block construction of the 1,170-mile pipeline, which they say would be built on sacred burial grounds and would pose an environmental risk to the surrounding rivers. In its ruling, however, the court said the final decision will be up to the Army Corps of Engineers. The chairman of the Standing Rock Sioux Tribe said (PDF) the pipeline will endanger millions of lives, and that the tribe will continue to fight against it. The starement also noted that construction crews have already destroyed many historic burial sites and artifacts.
Guatemala: constitutional reform advances indigenous rights
The Office of the UN High Commissioner for Human Rights (OHCHR) in a press briefing Oct. 7 welcomed the presentation of a draft bill on constitutional justice reforms in the Guatemalan legislature. Stating that this "represents an historic opportunity to consolidate the remarkable progress the country has achieved in the fight against impunity and corruption in recent years," the OHCHR expressed hope that the bill would be swiftly approved by the Guatemala Congress. Among other things, the bill seeks to improve access to justice for women and indigenous peoples, recognize indigenous peoples' legal jurisdiction over internal matters, strengthen the independence and objectivity of judges and magistrates, and depoliticize the nomination and appointment of officials in the justice system.
Ex-Gitmo detainee maintains Uruguay hunger strike
Uruguay's Foreign Minister, Rodolfo Nin Novoa, on Oct. 7 urged a former Guantánamo prisoner, Jihad Diyab, to call off his hunger strike, stating that Montevideo is attempting to transfer him to another country. Diyab is a Syrian national who was held for 12 years in Guantánamo without being formally charged and was released in 2014 along with five other prisoners. Diyab started this strike two months ago demanding that he be reunited with his family. According to rights groups, Diyab is conscious although in weak physical condition. Novoa reiterated that his government will "continue looking for a better future for him and his family" and urged Diyab to abandon his hunger strike immediately.
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