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Legal news from Sunday, November 4, 2012




DOJ may appeal ruling on Guantanamo prisoner access to counsel
Matthew Pomy on November 4, 2012 2:35 PM ET

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[JURIST] The US Depatment of Justice (DOJ) [official website] filed a notice of appeal [text, PDF] in the US Court of Appeals for the District of Columbia Circuit [official website] opposing a ruling [JURIST report] rejecting the government's argument that they should be allowed to set certain rules regarding Guantanamo Bay [JURIST backgrounder] detainees' access to counsel. The administration's filing is to extend time for a decision to officially appeal. A representative of the DOJ spoke to Politico [media website] and stated a final decision has not been made [Politico report]. The government is seeking authority to set visitation and communication rules for the detainees without court approval. They argue that, once a habeas petition is terminated, the 2008 Protective Order [order, PDF] expires and the executive has the prerogative of assuring counsel access. This argument was rejected in a harshly worded opinion [PDF] by a judge for the US District Court for the District of Columbia [official website] that characterized the attempt as an overreach of executive power.

The notice of appeal is the latest development in the Guantanamo Bay prisoner debate. Earlier in August the DOJ filed a brief with the court asserting that the government should decide [JURIST report] when a Guantanamo prisoner is granted continued regular access to legal counsel absent a detainee's ongoing habeas or other legal challenge. The challenge to the new restrictions was brought by six Guantanamo detainees, two of whose habeas petitions were denied and four dismissed with the possibility of reconsideration. At the time of the hearing lawyers for only six of the 170 detainees at Guantanamo had signed a memorandum of understanding (MOU) [memorandum, PDF]. In the 10 years since the first detainees were brought to Guantanamo Bay, only a handful have been tried or convicted, and in the past few months there have been several calls by the UN and various foreign governments for some long-held Guantanamo detainees to be returned to their home countries, including Egypt, Canada and Kuwait [JURIST reports].




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Amnesty International calls on Iran to investigate abuse of female prisoners
Matthew Pomy on November 4, 2012 1:45 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] detailed abuses against female prisoners [press release] committed by Iran officials on Thursday and called on the government to investigate the alleged mistreatment that prompted a group of prisoners to go on a hunger strike. The group of women, being held in Evin prison [JURIST news archive], claim to have been subjected to degrading searches that resulted in personal belongings being confiscated. They began a hunger strike in an attempt to ensure this type of treatment ends and in hopes of getting their property returned. AI called on Iran to investigate the prisoners' claims. Further, AI reaffirmed the prisoners' rights to adequate medical care throughout their hunger strike, which they plan on continuing until they receive their property and an apology.

Prisoner and human rights have consistently been a concern in Iran. Last month, 10 prisoners were executed [JURIST report] despite pleas from human rights groups. Also in October a UN official released a report indicating that the government of Iran is torturing human rights activists [JURIST report] and threatening the activists' families with rape or death. In a report to the UN General Assembly, UN special rapporteur on human rights in Iran Ahmed Shaheed declared that human rights activists in Iran are being subjected to beatings, mock hangings, sleep deprivation and threats that their family members will be killed or raped. Also in October the UN Office of the High Commissioner for Human Rights (OHCHR) urged Iran [JURIST report] to halt all executions because the government has failed to provide the accused with fair trials and due process of law.




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UN criticizes North Korea human rights record and focus on military
Cynthia Miley on November 4, 2012 10:09 AM ET

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[JURIST] The UN's Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea (DPRK) [official profile], Marzuki Darusman, expressed concern [press conference; UN News Centre report] on Friday about the lack of development in human rights in the nation. The DPRK, better known as North Korea, has struggled with securing its citizens' human rights, with no significant improvement since Kim Jong-Un became the new leader [JURIST report] earlier this year. Darusman expressed concern that the Jong-un continues to focus on funding the military before other priorities.
He was also wary that Mr. Kim had declared that his first, second and third priorities were to strengthen the nation’s military. Moreover, the slow economic growth there, coupled with the military-first policy, was detrimental to its people. It was also concerning that the freedom of expression was restricted and some provisions of its criminal code were not in line with the international standards, Mr. Darusman said. On the issue of abduction of Japanese and other foreign nationals, regrettably, there had been no further developments. He also noted that his report included a set of recommendations, which, among others, urged the Democratic People’s Republic of Korea to ensure protection and promotion of human rights. His report also pressed the Government to cooperate with the United Nations Office of the High Commissioner for Human Rights to rethink its “military-first” policy and to allocate more resources to improving living standards.
North Korea's UN delegate, Kim Song, rejected Darusman's findings [Reuters report] in a statement to the UN General Assembly Third Committee [official website].

Earlier this month, North Korea threatened military action [JURIST report] against South Korea if South Korean activists carried out their plan to pass leaflets across the border via balloons. North Korea has faced ongoing international criticism for human rights violations. In June, the Committee for Human Rights in North Korea (HRNK) [advocacy website] reported [JURIST report] that North Korea's caste system leads to abuses and human rights violations in the country. Darusman previously criticized North Korea's human rights record [JURIST report] in November 2011, focusing on the treatment of prisoners and echoing a UN General Assembly resolution [text] concerning the country's human rights conditions.




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