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Legal news from Friday, March 23, 2012 |
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Holder expands use of data in terrorism investigations
Jerry Votava on March 23, 2012 4:07 PM ET

[JURIST] US Attorney General Eric Holder [official profile] signed new guidelines [text] on Thursday for the use of information not related to terrorism activities by the National Counterterrorism Center (NCTC) [official website]. The NCTC is permitted to gather data on American citizens to search for "terrorism information" which it can keep permanently. One of the significant provisions of the new guidelines expand the time limit that the NCTC may hold "non-terrorism information" from 180 days to five years. The American Civil Liberties Union (ACLU) [advocacy website] renounced the guidelines, and said [statement]:The decades-old rules limiting the collection and retention of US citizen and resident information by the intelligence community and the military existed for a very good reason: to ensure that the powerful tools designed to protect us from foreign enemies are not turned against Americans. Authorizing the "temporary" retention of non-terrorism related citizen and resident information for five years essentially removes the restraint against wholesale collection of our personal information by the government, and puts all Americans at risk of unjustified scrutiny. The ACLU pointed out that this expansion appears to be similar to the Total Information Awareness [JURIST news archive] project planned and abandoned under then-president George W. Bush in 2003.
In September the ACLU released a report [JURIST report] claiming that the US has been diminishing its "core values" with regard to various counterterrorism measures put in place during the 10 years since the 9/11 attacks [JURIST backgrounder]. One practice that the ACLU report criticized was the government's practice of using cell phone location data to track individuals suspected of terroristic or criminal acts. The ACLU is currently involved in litigation and investigations pertaining to requests for information filed under the Freedom of Information Act (FOIA) [text] regarding the Department of Justice's (DOJ) [official website] use of this practice. The ACLU also supports the Geolocation Privacy and Surveillance Act [materials], introduced to Congress in June of 2011, which would require government agencies to obtain a probable cause warrant before seeking location data. In March 2010, Germany's Federal Constitutional Court [official website, in German] overturned [JURIST report] a law requiring telecommunications providers to store information on telephone calls, e-mails, and Internet use for six months for use in possible terrorism investigations, citing privacy issues.


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US soldier charged with 17 counts of murder in Afghan civilian shootings
Jaimie Cremeans on March 23, 2012 3:37 PM ET

[JURIST] US Army Sgt. Robert Bales was charged with 17 counts of murder Friday for the alleged shooting of Afghan civilians, including women and children, in a Kandahar village almost two weeks ago. He will also be charged with six counts of attempted murder and six counts of aggravated assault. Bales allegedly went on a shooting rampage [JURIST report] in the village and, afterward, returned to his base and turned himself in. It was originally reported that 16 were killed, but there have now been 17 confirmed deaths from the incident. After the shooting, the Afghanistan parliament [official website] demanded that the soldier be given a trial in Afghanistan. The US Department of Defense, however, said that the US military would investigate [press release] and hold the responsible soldier accountable.
Bales will not be the first US soldier prosecuted in relation to deaths of civilians in Afghanistan. In February, the US Army dropped charges against Army Specialist Michael Wagnon, the last of five soldiers to be charged in connection with the killing of three Afghan civilians. In November, US Sgt. Calvin Gibbs was convicted on 15 charges [JURIST report] of murder, assault and conspiracy in the same case. Before Gibbs was convicted, in March of last year, Army Specialist Jeremy Morlock admitted to three counts of murder [JURIST report] as part of a plot with him and other soldiers to kill Afghan civilians.


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UN rights council condemns Syria violence
Saheli Chakrabarty on March 23, 2012 9:28 AM ET

[JURIST] The UN Human Rights Council (UNHRC) [official website] voted on Friday in favor of a resolution [text] condemning the violence in Syria and extending the mandate of the Commission of Inquiry. The 47-member panel voted 41-3 [press release] for the resolution with two abstentions. The resolution deplores the escalation of violence that has resulted in an ongoing human rights crisis and may rise to the level of crimes against humanity. The UNHCR condemned:The sharply escalating widespread, systematic and gross violations of human human rights and fundamental freedoms perpetrated by the Syrian authorities, such as arbitrary executions, excessive use of force and the killing and persecution of protesters, refugees, human rights defenders and journalists, including recent deaths of Syrian and foreign journalists, arbitrary detention, enforced disappearances, torture and ill-treatment, including of adolescents and children; ... The attacks against civilians in cities and villages across the country ... by units of the Syrian armed forces and diverse security forces; ... The extensive violations of children's rights committed by the Syrian authorities, including the killing of children during demonstrations and the widespread practice of arbitrary detention, torture and ill-treatment; [t]he sexual violence committed by the Syrian authorities, including against male detainees and children; [and] The deliberate destruction of hospitals and clinics, the obstruction and denial of medical assistance to the injured and sick, and the raids and killing of wounded protesters in both public and private hospitals. The UN-sanctioned resolution urges Syrian authorities to put an immediate end to the violence and all human rights violations. It further recommends that the main bodies of the UN take appropriate action to address human rights violations, as well as crimes against humanity that may have been committed. The resolution also states that the widespread and systematic use of violence violates international criminal law and necessitates that offenders must be brought to justice.
The UN has continued to call for an end to the violence in Syria. Earlier this month, the UNHRC voted to pass [JURIST report] a non-binding resolution condemning Syrian authorities for continued bloodshed and violations of human rights. This official condemnation from the rights body came on the heels of a demand for a cease-fire [JURIST report] by UN High Commissioner for Human Rights Navi Pillay [official profile] in late February. Also in February, the UN-appointed Independent International Commission of Inquiry on Syria accused the government of violating international human rights law [JURIST report] after finding that Syrian forces are engaging in torture and killings under orders from high level government officials. In the same month, both Pillay and UN Secretary-General Ban Ki-moon [official profile] called for an end to the violence in Syria, with Pillay asking the UN Security Council to refer the situation in Syria [JURIST reports] to the International Criminal Court. Pillay urged an investigation of Syrian government and military officials for possible crimes against humanity. The OHCHR reports that more than 5,000 people have died since anti-government protests began last March. The increasing unrest in Syria has garnered international attention and has sparked controversy in America about what its role should be [JURIST op-ed].


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UN rights council urges Sri Lanka war crimes probe
Maureen Cosgrove on March 23, 2012 8:55 AM ET

[JURIST] The UN Human Rights Council (UNHRC) [official website] on Thursday urged [press release] the government of Sri Lanka to adequately investigate alleged war crimes that occurred during the country's 26-year civil war with the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive]. Sri Lanka's Lessons Learnt and Reconciliation Commission [official website] released a report [text, PDF] in December concluding that Sri Lanka's military did not intentionally attack civilians [JURIST report] following the country's civil war, but still recommended possible punishment for misconduct and compensation to those injured in specific situations. The UNHRC voted in favor of a US-backed resolution [text, PDF] urging the country to implement those recommendations and continue "credible and independent" investigations into the alleged abuses. The UNHRC also asked the Sri Lankan government to present a plan for its approach to implementing the recommendations and detail steps they will take to end war crimes in the nation, including unlawful detentions, summary executions and kidnapping.
The Sri Lankan government has faced various allegations of human rights violations and war crimes by civil rights organizations and the UN since the end of its civil war in 2009. In November, the Sri Lankan government was subjected to criticism for its failure to investigate [JURIST report] issues of torture for past human rights violations and to enforce laws against continued torture and ill-treatment by government officials against civilians. UN Secretary-General Ban Ki-Moon [official profile] in September sent a report [JURIST report] to the UNHRC accusing Sri Lankan troops of killing tens of thousands of civilians during clashes with the LTTE. In April, a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the LTTE, warranting further investigation. In June 2010, UN High Commissioner for Human Rights Navi Pillay [official website] called for an international inquiry [JURIST report] into the conduct of the Sri Lankan government during its civil war. The LLRC was created by the Sri Lankan government in 2010 to investigate 2009 events in which civilians were killed.


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