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Legal news from Sunday, May 16, 2010




Maldives offers to accept two Guantanamo detainees
Ann Riley on May 16, 2010 2:40 PM ET

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[JURIST] Maldivian President Mohamed Nasheed [official website] has offered to accept two detainees held at the US military prison at Guantanamo Bay [JURIST news archive], discussing his decision [press release] during his weekly radio address on Friday. The offer is being described as a humanitarian gesture, but opposition parties have objected [BBC report] the move of the detainees. The Dhivehi Qaumee Party has threatened to file a case against the government for violating national security, and the Dhivehi Rayyithunge Party [party websites, in Dhivehi] has submitted a case to the parliamentary National Security Committee [official website, in Dhivehi]. Nasheed encouraged those opposing the decision to submit their complaints and explained the offer, saying:
In my view, it is not in line at all with our Constitution, Islam, or 'Maldivianness' that we refuse to help especially Muslims, especially those wrongly imprisoned.
The prisoners have not been identified, but one is known to be from Palestine [AFP report]. The only Maldivian held at Guantanamo, Ibrahim Fauzee, was flown home in May 2005 after being arrested in 2002 while studying Islam in Pakistan.

The Obama administration continues its push to close the Guantanamo Bay facility, despite missing its self-imposed one-year deadline [JURIST report] in January. The administration has run into several hurdles in closing the prison, including opposition from members of Congress and the suspension of detainee transfers to Yemen [JURIST report]. Earlier this month, Spain and Bulgaria each accepted [JURIST report] their second detainees in response to a June request [AFP report] by the Obama administration. If they agree to accept the detainees, the Maldives will be part of a growing list of countries that have recently accepted transfers, including Bulgaria, Spain, Georgia, Albania, Latvia, Switzerland, Slovakia, Algeria, Somaliland, Palau, Belgium, Afghanistan, and Bermuda [JURIST reports].




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Iraq election results confirmed after partial recount
Sarah Miley on May 16, 2010 2:03 PM ET

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[JURIST] Iraq's Independent High Electoral Commission (IHEC) [official website] announced on Sunday that the partial recount of the March parliamentary elections [CEIP backgrounder; JURIST news archive] will not alter seat allocations awarded in accordance with the provisional results. The commission held [JURIST report] that the original count showed no signs of fraud or major irregularities, and confirmed the two-seat lead of the the Iraqiya coalition of Iyad Allawi [personal website, in Arabic; Al Jazeera profile] over al-Maliki's State of Law [official website] coalition. The commission took 11 days to recount more than 2.5 million ballots by hand after incumbent Prime Minister Nouri al-Maliki challenged the results [JURIST report] alleging voting fraud at the polls. Allawi's Iraqiya coalition, which garners the support of the Sunni minority, hopes the bloc's victory will be a turning point for bipartisan participation among the religious sects. Allawi's goal of unification may be thwarted though, as Maliki's bloc has already announced an alliance with the Shia Iraqi National Alliance, which polled third, to form the largest grouping in parliament. The confirmed election results must now be certified by Iraq's highest court, which will lead to negotiations for the next prime minister.

Last month, the IHEC ordered a manual recount of the ballots in Baghdad, where 68 seats of the 325-seat parliament were up for election, but did not begin the recount [JURIST reports] until the review panel defined more precisely what a recount entailed. Earlier in April, an IHEC review panel nullified the votes of 52 candidates for alleged ties to Saddam Hussein's Baath Party [BBC backgrounder], including two candidates that had won seats in the Iraqi Council of Representatives [official website], at least one of which coming from Iraqiya. In February, an Iraqi appeals panel ruled [JURIST report] that 28 of the 500 candidates previously banned due to allegations of ties to the Baath Party could stand in the election. The initial ban was characterized by the Iraqi government as illegal and was reversed [JURIST reports] when the panel acknowledged that it did not have to rule on all 500 candidates at once. This came as a reversal of a previous decision, where it held that the candidates could stand in the coming elections, but would have to be cleared of the allegations against them before taking office. The amount of time being taken to set up the new government may leave Iraq vulnerable to the violence that erupted after the 2005 parliamentary elections when the government took five months to negotiate a new government.




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Thailand court sentences protesters to six months in prison
Ann Riley on May 16, 2010 1:08 PM ET

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[JURIST] A Thai court on Saturday sentenced 27 protesters to six months in prison, according to the chief of the Department of Special Investigation (DSI) [official website, in Thai] Tarit Pengit. The accused are members of the United Front for Democracy Against Dictatorship [party website, in Thai], also known as red shirts [BBC backgrounder] and were arrested [Bangkok Post report] for violating an emergency decree prohibiting political gatherings of more than five people. Under the strict security law [JURIST report] adopted in anticipation of the protests, the red shirts initially faced up to a year in prison, but their confessions allowed the district court to commute their sentences [AFP report].

The conflict in Bangkok [JURIST news archive] over the last two months has left more than 25 dead and nearly 1,000 injured in connection with increasingly violent anti-government protests. Last month, Thailand's pro-government People's Alliance for Democracy Network [party website, in Thai; BBC backgrounder], known as "yellow shirts," called for a declaration of martial law [JURIST report] to quell the anti-government movement spearheaded by the red shirts. Earlier in April, Prime Minister Abhisit Vejjajiva [official website; BBC profile] announced that he is prepared to negotiate [JURIST report] with red shirt protesters once they cease their illegal conduct. Internal divisions have been mounting steadily in Thailand since the 2006 ouster [JURIST report] of former prime minister Thaksin Shinawatra [BBC backgrounder; JURIST news archive], whose progressive policies engendered the support of the poor rural class that largely constitutes the reds today. The yellows, primarily consisting of the urban middle-class, considered Shinawatra, as well as the reds, disloyal to the monarchy. Because of the mounting violence, Abhisit has imposed a state of emergency [JURIST report] in Bangkok and neighboring provinces.




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