JURIST - Paper Chase: Sunday, January 6, 2013

[JURIST] Dissident groups, such as the Cuban Commission for Human Rights and National Reconciliation, said Sunday that the Cuban government imprisoned more than 6,000 political activists last year. This is more than 2,000 more than were arrested in 2011. Most prisoners are released within a few days, but the groups claim this strategy is being used to prevent dissent from growing [USA Today report]. However, protesters of Las Damas de Blanco, and other groups, are becoming more willing to protest in the street despite the fear of persecution at the hands of the police. Even with the number of protesters seemingly growing, most believe it is unlikely a popular uprising, resembling the Arab Spring [JURIST news archive], in Cuba in the near future.

Cuba has had a history of suppressing political dissent [HRW backgrounder] through criminal prosecutions. Last August Amnesty International [advocacy website] called on Cuba to end its harassment [JURIST report] of political opposition. Both AI and the US criticized [JURIST report] Cuba for how it treated political opposition last July. In December 2011 the government announced [JURIST report] that it would grant amnesty to and release 2,900 prisoners, including political prisoners. The announcement came in the wake of a scheduled visit by Pope Benedict XVI.

[JURIST] Libyan Justice Minister Salah Maraghni announced Saturday that the war crimes trials of Muammar Gaddafi's son, Saif al-Islam Gaddafi [JURIST news archive], and brother-in-law and former intelligence chief, Abdullah al-Senussi [BBC profile], will occur within the next month. Maraghni stated [RIA Novosti report] that Saif al-Islam Gaddafi, former Prime Minister Baghdadi al-Mahmoudi and Gaddafi's former spy chief, Abdullah al-Senussi will be put on trial once questioning is completed. Currently, Saif al-Islam Gaddafi and Abdullah al-Sennussi are being held in custody in Libya. Saif al-Islam stands accused of crimes against humanity for murder and persecution during the Libya conflict [JURIST backgrounder] under Gaddafi's regime. Saif al-Islam's trial will be in Zintan [UPI report], which has fulfilled the International Criminal Court (ICC) [official website] requirements necessary for the proceedings, according Taha Bara, the spokesperson for Libya's attorney general.

In October Libyan government lawyers urged [JURIST report] ICC judges to allow Saif al-Islam to be tried in Libya. They spoke during a hearing before the ICC, which was set to decide whether Saif al-Islam would be tried in Libya or at the ICC in The Hague. ICC judges are worried that Libya could not provide a fair trial. In September Libya postponed [JURIST report] Saif al-Islam's trial for five months so the prosecution could obtain evidence from Libya's former intelligence chief Abdullah al-Senussi. Al-Senussi was extradited to Libya [JURIST report] from Mauritania earlier in September on charges of murder and persecution for planning attacks on civilians during the Libya conflict. Saif al-Islam's trial was originally scheduled to start [JURIST report] in September. Although the ICC issued a warrant for Saif al-Islam for crimes against humanity, the militiamen who captured him insist that he be tried in Zintan, Libya, where he has been held since 2011. Saif al-Islam was considered a likely successor to his father before an uprising that toppled Muammar Gaddafi's regime.

[JURIST] An Egyptian court on Saturday acquitted former culture minister Farouq Hosni, who had served under ousted president Hosni Mubarak [BBC profile; JURIST news archive], on charges of corruption and illegal enrichment. Prosecutors alleged [JURIST report] in September that Hosni had illegally acquired $3 million [AFP report] and had failed to account for $1.5 million. Hosni was referred to criminal court after an investigation by Egypt's Illicit Gains Authority in which the Hosni could not provide evidence demonstrating the sources of all of his wealth. Egypt's Illicit Gains Authority had also frozen Hosni's personal bank assets [RIA Novosti report], arrested his property and demanded compensation for funds he had illicitly gained from the state. Hosni had faced a travel ban during the Egyptian Revolution [JURIST backgrounder] in February 2011, which was lifted some time later.

Hosni is one of many former officials who have faced corruption trials since the end of Mubarak's 30-year regime. In August the former secretary for the Mubarak's political party, Safwat El-Sherif, was referred to a criminal court [JURIST report] for abusing his office by obtaining real estates at discounted prices and illegally obtaining $49.2 million. In July an Egyptian court rejected pleas to release [JURIST report] Mubarak's two sons while they await trial, although their lawyer argued they were detained unlawfully for longer than permissible under Egyptian law. Gamal and Alaa Mubarak, along with seven others, were charged [JURIST report] with stock market fraud, using unfair trading practices and illegally manipulating the market. Hosni Mubarak was sentenced to life in prison [JURIST report] after an Egyptian court found him guilty of complicity to kill protesters. During the protests that resulted in the overturning of Mubarak's 30-year regime, Mubarak ordered government officials to use gunfire and other violent measures to subdue protesters, causing over 850 deaths [JURIST report].

[JURIST] A judge for the US District Court for the Middle District of Tennessee [official website] ruled Friday that a Tennessee law [text, PDF] that restricts online sex advertising is unconstitutional. The law came in response to concerns of human trafficking in Tennessee and created criminal penalties for advertising commercial sex acts. Despite acknowledging that the state has an interest in preventing human trafficking and sex slavery, Judge John Nixon found the law violated free speech [Tennessean report] by being overbroad. The ruling temporarily restrained enforcement of the law. It is unclear whether the state plans to appeal.

Human trafficking has long been a concern in the US. In November the American Civil Liberties Union [advocacy website] joined a challenge [JURIST report] to Californians Against Sexual Exploitation (CASE) Act [campaign website]. In September President Barack Obama signed [JURIST report] an executive order strengthening the federal government's ability to protect against human trafficking. In July the largest human trafficking case in US history, brought [JURIST report] in 2010, was dismissed [JURIST report].