Jurist

India: high court rules coal mining licenses illegal

The Supreme Court of India ruled (PDF) Aug. 25 that all coal mining licenses awarded between 1993 and 2010 are illegal. The court found that the licenses failed to comply with the Mines and Minerals (Development and Regulation) Act of 1957 (PDF); Section 3(3)(a)(iii) of the Coal Mines (Nationalisation) Act of 1973 (PDF); and the principle of trusteeship of natural resources. The ruling cited arbitrariness, lack of transparency, lack of objectivity, allotment tainted with mala fides and corruption, and made in favor of ineligible companies tainted with mala fides and corruption. The court will now decide if 218 such licenses should be canceled.

Ex-Gitmo detainee appeals conviction

Australian citizen David Hicks filed a motion (PDF) to dismiss his conviction in the US Court of Military Commission Review on Aug. 20 after pleading guilty in 2007 for war crimes that took place before 2001 in exchange for his release. Hicks was captured in Afghanistan shortly after Sept. 11, 2011, and brought to the detention facility in Guantánamo Bay the day that it opened. The Center for Constitutional Rights (CCR) and co-counsel Joseph Margulies filed a motion asking the military commission to vacate Hicks' conviction for "material support for terrorism," following the US Court of Appeals for the DC Circuit's 2012 decision in Hamdan v. United States (PDF), which held that material support for terrorism is not a war crime and, thus, is beyond the jurisdiction of military commissions. Hicks' original appeal in November was stayed pending the ruling in Al-Bahlul v. United States (PDF), which similarly held last month that material support is not a war crime and cannot be tried by military commission. Hicks was the first person to be convicted in a military commission. After his release from Guantánamo, Hicks returned to Australia under a one-year gag order that prohibited him from speaking to the media. As part of his plea, he was also prevented from taking legal action against the US and required to withdraw allegations that the US military abused him.

Kenya anti-terror police group charged in abuses

Kenya's Anti-Terrorism Police Unit (ATPU) has carried out a series of extrajudicial killings and enforced disappearances in violation of international laws, Human Rights Watch (HRW) reported Aug. 18. Based on interview research conducted between November 2013 and June 2014, terrorism suspects were badly mistreated, killed, beaten, abducted and detained without access to families or lawyers. HRW called on Kenya to thoroughly investigate the allegations and urged the US to suspend donor support to the ATPU. The ATPU has previously come under criticism by other human rights groups. Last year the Kenyan human rights group Muslims for Human Rights (MUHURI) and the Open Society Justice Initiative jointly issued a report, calling on the US and the UK to suspend financial support to the ATPU. The report followed the completion of a new ATPU headquarters in Nairobi in May, which was partially funded by international anti-terror agencies. The facility increased technological capabilities and physical space for the ATPU, whose mission is to coordinate and carry out anti-terrorism operations within Kenya in support of the global war on terror. The unit's primary focus of late is Kenya's second-largest city, Mombasa, as the port city has become a major recruitment target for the al-Qaeda-linked group al-Shabaab, based in Somalia.

Egypt bans Muslim Brotherhood political wing

The Supreme Administrative Court in Egypt on Aug. 9 dissolved the Freedom and Justice Party (FJP), the political wing of the Muslim Brotherhood. The decision came after the Parties Affairs Committee (PAC), responsible for granting licenses to newly-formed parties in Egypt, issued a report recommending that the party be banned, citing violations of the political parties code of conduct. The FJP was the first party to be approved by the PAC after the revolution. The decision is final.

UN rights chief calls for end to Gaza 'impunity'

UN High Commissioner for Human Rights Navi Pillay on July 31 urged the international community to end what she called a "climate of impunity" around the Israel-Palestine conflict. In light of the bombardment of a UN school in Gaza the previous day, Pillay called for "real accountability considering the increasing evidence of war crimes and an ever-growing number of civilian casualties, including some 250 children."

Palestinians accuse Israel of war crimes at ICC

Top Palestinian officials on July 25 filed a complaint to the International Criminal Court (ICC), accusing Israel of war crimes in Gaza. Palestinian Justice Minister Saleem al-Saqqa and Gaza court public prosecutor Ismail Jabr started legal proceedings over the 18 days of fighting between Hamas and Israel that has killed over 800 Palestinians and 35 Israelis. The complaint accuses Israel of war crimes, including apartheid, attacks against civilians, excessive loss of human life and colonization. The ICC must next decide whether it has jurisdiction in the complaint. The Palestinian territory is not a member of the UN. However, the territory became an observer in 2012, a status which the ICC prosector said was required for Palestinians to sign up to the court.

Kuwait: court upholds 10-year term for tweeting

Kuwait's Supreme Court on July 12 upheld a 10-year jail sentence for a man accused of posting Tweets that insulted the Prophet Mohammed and the Sunni Muslim rulers of Saudi Arabia and Bahrain. Hamad al-Naqi, a 24-year-old member of Kuwait's Shiite minority, was also found guilty of spreading false news that undermined Kuwait's image abroad. The Supreme Court's decision is final and can only be commuted by the Kuwaiti Emir. An appeals court affirmed al-Naqi's sentence in October. The result drew criticism from Human Rights Watch (HRW), which condemned the decision as a "violat[ion of] international standards on freedom of expression." He has been in prison since his arrest in March 2012, and was originally sentenced in June 2012. Al-Naqi has maintained his innocence, arguing that his Twitter account was hacked.

HRW: FBI stings pushed people to terrorism

The US Department of Justice (DoJ) and Federal Bureau of Investigation (FBI) have targeted American Muslims in abusive sting operations based on ethnic and religious identity, pushing people into terrorism, Human Rights Watch (HRW) and Columbia Law School's Human Rights Institute jiontly reported July 21. The report examines 27 cases, following them from investigation through trial. "In some cases," according to HRW, "the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act." Andrea Prasow, deputy Washington director at HRW and one of the report's authors, stated that although Americans have been told that their government is keeping them safe by preventing and prosecuting terrorism inside the US, the reality is that many defendants would not have committed terrorist acts without encouragement, pressure or, at times, even payment from law enforcement to do so. In many cases people with intellectual disabilities were targeted. According to some members of Muslim communities, fears of government surveillance and informants now force them to watch what they say, who they say it to and how often they attend services. US Attorney General Eric Holder has defended the undercover operations, calling them "essential in fighting terrorism."

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