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Legal news from Sunday, June 6, 2010




Afghanistan president announces Taliban detainee review commission
Hillary Stemple on June 6, 2010 1:21 PM ET

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[JURIST] Afghan President Hamid Karzai [official profile; JURIST news archive] Sunday announced the creation of a commission [press release] to review the cases of all suspected Taliban militants currently being held in custody. Suspects that are being held without sufficient evidence will immediately be released. The announcement comes two days after the end of a national peace summit [press release] aimed at ending the nine-year insurgency in Afghanistan [JURIST news archive] and bringing peace to the country. Karzai's announcement is the first step toward achieving the goals set at the conclusion of the summit [press release] which included implementing a framework to negotiate with disaffected members of the country, ending corruption in the government, and creating a national government valuing the input of all citizens. While the resolution called for the release of all prisoners being held in the country without sufficient evidence, it is unclear whether the new commission will examine the cases of suspects currently in US custody.

Last month, a panel of the US Court of Appeals for the District of Columbia Circuit ruled that detainees held at Bagram Air Base official website] cannot bring habeas corpus challenges in US courts [JURIST report]. Also in April, the Red Cross confirmed the existence of a secret detention facility [JURIST report] at Bagram. In January, the US Department of Defense released a list of names of 645 prisoners then detained at Bagram in response to a Freedom Of Information Act lawsuit filed [JURIST reports] by the ACLU last September.




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Bangladesh government lifts Facebook ban after removal of Muhammad caricatures
Sarah Miley on June 6, 2010 11:28 AM ET

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[JURIST] The Bangladesh Telecommunications Regulatory Commission [official website] announced Sunday that the agency has lifted a ban against Facebook [website] after the social networking site agreed to remove content depicting the Prophet Muhammad. The commission blocked access to Facebook [BBC report] last week in response to objectionable caricatures of the Prophet that surfaced on the service, causing outrage among the nation's majority Muslim population. The government later blocked access to YouTube, Wikipedia and Flickr [websites] as the images became more viral. The further restrictions led to the arrest of a man in Dhaka for uploading images. He has since been charged with spreading malice and insulting the country's leaders.

Last month, a Pakistan high court briefly blocked Facebook [JURIST report] in response to a page created by a Facebook user which marked "Everybody Draw Mohammed Day" [website] The page encouraged users to submit religiously-prohibited images of the Prophet. A few weeks later the Lahore High Court (LHC) ordered the Pakistan Telecommunication Authority (PTA) [official websites] to restore access to Facebook [JURIST report], holding that the government, and not the court, should be responsible for blocking offensive internet content and called on the PTA to create a centralized system [AFP report] to block blasphemous content. Depicting the Prophet Muhammad is considered blasphemous by Muslims, and has been a source of international controversy since 2005 when a Danish newspaper published caricatures of the Prophet Muhammad in a series of cartoons [JURIST news archive].




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Egypt high court revokes citizenship of men married to Israeli Jews
Sarah Miley on June 6, 2010 10:08 AM ET

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[JURIST] Egypt's Supreme Administrative Court Saturday upheld a ruling requiring the country's Ministry of Interior [official website] to revoke the citizenship of Egyptian men married to Jewish Israeli women. The court distinguished Israeli women of Jewish origin from those of Arab origin, saying the two are fundamentally different because Arab Israeli women have been living under Israeli occupation since 1948. Notwithstanding its general ruling, the court directed that the ministry should present each particular marriage case separately to the Cabinet [Washington Post report] for rulings on the specific merits. The court said that evaluation of the mixed marriages was critical to national security and was necessary to maintain loyalty among its citizens to Egypt and the Arab world. The appeal stemmed from a lower court decision ordering the Interior Ministry to enforce a 1976 law which banned the marriage of Egyptian men to Israeli women who have served in the army or embrace the ideology of Zionism. The ruling cannot be appealed.

The court ruling adds additional strain to an already tenuous relationship between Egypt and Israel. In January Israeli Prime Minister Benjamin Netanyahu [official website; BBC profile] announced the construction of 70 miles of fence along Israel's border with Egypt [JURIST report] in order to combat terrorism and illegal immigration. As much as 60 percent of Israel's borders are now closed by physical barriers [Al Jazeera report], including its borders with neighboring Lebanon, Jordan, the Gaza Strip, and most of the West Bank.




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Chile high court releases report on secret Pinochet fortune
Hillary Stemple on June 6, 2010 8:57 AM ET

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[JURIST] The Chilean Supreme Court released a report Friday detailing the secret fortune of former Chilean dictator Augusto Pinochet [BBC profile; JURIST news archive], estimating it at over $20 million. The report concluded that Pinochet's military salary accounted for less than 10 percent of the total. This report joins another on Pinochet's hidden assets released last September [JURIST report]. That report concluded that Pinochet amassed $25,978,602 in accounts held outside of Chile, of which $20,199,753 is suspected to have been embezzled from official funds. The September report also concluded that the funds were accumulated [Los Tiempos report, in Spanish] over the period from 1973 to 2004, when a US Senate sub-committee investigation first uncovered the accounts [JURIST report]. Victim advocates say Friday's report supports allegations [AP report] that Pinochet was the recipient of bribes and had other unlawful sources of income.

Investigations into the finances of Pinochet and his associates have continued since his death in 2006 [JURIST report]. Last December Spanish National Court judge Baltasar Garzon [BBC profile; JURIST news archive] opened an embezzelment investigation [JURIST report] against four former Pinochet associates. Pinochet's youngest son, his former secretary, and his estate executor were previously indicted [JURIST report] for maliciously making false or incomplete tax declarations. In October 2007, 23 family members and former Pinochet associates were indicted [JURIST report] on corruption charges for aiding Pinochet in the "misuse of fiscal funds" during his regime. The following month, the Supreme Court of Chile upheld an appeals court decision to drop the charges [JURIST reports] because the accused were not government employees at the time and thus could not be charged with embezzling government funds.




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