Jury selection is underway in the terrorism trial of Mohamed Mohamud, a Somali-American accused of attempting to ignite a "weapon of mass destruction" at Portland's 2010 holiday tree-lighting ceremony, The Oregonian reports Jan. 10. But an NPR report states: "There was no bomb—the defendant was the target of an FBI sting operation... His lawyers are expected to argue their client was entrapped... The car bombing plot—the purchasing of the car, the gathering of explosives, the plan itself—was orchestrated by the Federal Bureau of Investigation." True, the guy came to the attention of the FBI when he started posting to online jihadist forums. But he was only 19 years old when he was arrested, and therefore could try "to convince the jury he was manipulated by the FBI." Good to see the media finally raising some skepticism about a specious terrorism case. Additionally, although no media account has mentioned this angle, we strongly object to calling a conventional explosive a "weapon of mass destruction." Much less one that didn't even exist! What's up with that?

A military contractor that was accused in a lawsuit by former detainees of the Abu Ghraib prison of conspiring to commit torture has paid $5.28 million to detainees held at the prison and other US detention centers in Iraq. The detainees filed suit against two military defense contractors in federal court in 2008 for alleged torture occurring over a period of four years. The cases against CACI International Inc.and L-3 Communications Holdings Inc were dismissed in September 2011 on the grounds that the companies have immunity as government contractors. A 14-judge panel for the US Court of Appeals for the Fourth Circuit ruled 12-2 in May that the dismissal was premature. L-3 Communications Holdings Inc settled the dispute and each of the former detainees who were parties to the lawsuit received a portion of the settlement. The case against CACI is likely to go to trial this summer.

US President Barack Obama signed the National Defense Authorization Act of 2013 (PDF) into law on Jan. 3. The bill, which authorizes appropriations for military activities for 2013, expressly prohibits using funds to transfer individuals detained at Guantánamo Bay and also prohibits using funds to construct facilities in the US intended to house Guantánamo detainees. Obama signed the NDAA despite earlier indications that he may veto (statement, PDF) the bill, in part because of concerns over the Guantánamo detainee restrictions. Anthony Romero, executive director of the American Civil Liberties Union (ACLU), has criticized Obama for signing the bill, stating that he has "utterly failed the first test of his second term" by effectively ensuring that indefinite detention will continue and jeopardizing his ability to keep his promise of closing the military prison.

The European Court of Human Rights (ECHR) on Dec. 13 ruled (PDF) that the government of Macedonia is responsible for the torture and degrading maltreatment of a man the ECHR found to be an innocent victim of CIA "extraordinary rendition" in 2003. Lebanese German citizen Khaled el-Masri was arrested and mistreated for 23 days of interrogation in a hotel in the Macedonian capital Skopje, then transferred to CIA agents who took him to a secret detention facility in Afghanistan where he was held for four months. After a hearing in May, the ECHR Grand Chamber of 17 judges unanimously held that el-Masri had established beyond a reasonable doubt that Macedonia was responsible for several violations of various provisions of the European Convention on Human Rights, including the prohibition of torture and inhuman or degrading treatment under Article 3, the right to liberty and security under Article 5 and others. The ECHR ordered the government of Macedonia to pay el-Masri €60,000 in damages. El-Masri has been implicated in several violent incidents in Germany in the last few years, receiving a suspended sentence for arson in 2007 and a two-year prison sentence for assaulting a town mayor in 2010, for which he is still serving time.

The US answered to allegations that it has illegally detained juveniles in a prison in Afghanistan in a recent report (DOC) given to the UN Committee on Rights of the Child. The report was released in response to several inquiries regarding US compliance with the Convention on the Rights of the Child. In response to an inquiry regarding detention of juveniles, the US claimed that holding the juveniles was not to punish them, but to prevent them from returning to fight. The report cited to Hamdi v. Rumsfeld (text) in justifying this decision. The US also emphasized that it is treating the juvenile detainees in a way that is consistent with the convention. This includes specialized medical attention, potential familial cohabitation and individualized educational, recreational and social activities.

We have noted the confusion over whether the 2012 National Defense Authorization Act (NDAA) allows for the indefinite detention of persons apprehended on US soil. Now it appears that an effort by Sen. Dianne Feinstein to clarify the question in the upcoming 2013 NDAA is so poorly worded that it unintentionally (?) makes matters worse. Feinstein's proposed amendment (online as a PDF at the Lawfare blog) states that:

An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen of lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.

A joint statement by the American Civil Liberties Union, Amnesty International, Center for Constitutional Rights, Center for Victims of Torture, Bill of Rights Defense Committee and other groups (online as a PDF at the ACLU website) protests:

Afghanistan's President Hamid Karzai said Nov. 18 that US forces were capturing and holding Afghans in violation of a detainee transfer pact and that US forces should turn over that responsibility to Karzai's forces. Karzai's statement urged Afghan officials to make efforts towards toward obtaining entire responsibility for Bagram Prison. Listed abuses included Afghan detainees held by US forces despite Afghan rulings to the contrary and the continued arrest of Afghans by US forces. The statement comes less than a week after negotiations began on a bilateral security agreement that will govern US military presence in the country after the majority of US troops withdraw from Afghanistan after 2014. The US has delayed the handover of detention facilities to Afghanistan citing both lack of preparation by Afghan leaders in detention center management and discrepancies over treatment of detainees the US deems too dangerous to release. Both countries agreed to sign the bilateral security agreement within a year.

The UK Special Immigration Appeals Commission (SIAC) on Nov. 12 granted the appeal of Muslim cleric Abu Qatada (BBC profile), blocking his extradition to Jordan, where he is accused of organizing bomb attacks. Qatada has been described as "Osama bin Laden's right-hand man in Europe," and UK officials believe he should remain in prison for national security reasons. While never formally charged with an offense in the UK, he has for years been in and out of custody—either imprisonment or house arrest. The judge stated he did not believe Jordanian authorities would mistreat Qatada, but Jordan allows use of evidence gained as a result of the torture of others, and thus Qatada could not receive a fair trial.