NGO calls on ECtHR to intervene in military commissions case of Al Nashiri

The Open Society Justice Initiative is calling on the European Court of Human Rights to intervene urgently in the first death penalty case to be tried by US military commissions at Guantánamo Bay, Cuba, involving Abd al-Rahim al-Nashiri. In an application to the Court, OSI argues that Poland violated al-Nashiri’s rights under articles 2, 3 [...]

UK’s review of counter-terrorism and security powers

The redacted review considered six key counter-terrorism and security powers: The detention of terrorist suspects before charge, including how we can reduce the period of detention below 28 days Section 44 stop and search powers and the use of terrorism legislation in relation to photography The use of the Regulation of Investigatory Powers Act 2000 [...]

UN report confirms gap between law and reality, torture, secret detentions and police harassment in Tunisia under Ben Ali

The United Nations just published a report on its website which describes the fact-finding mission of the United Nations Special Rapporteur on the protection of human rights while countering terrorism in January 2010. On the basis of the evidence he gathered, he observed a pattern of unacknowledged detention being used vis-à-vis terrorist suspects. During the [...]

Rights group warns Australia detainee transfer program may violate international law

[JURIST] Australia’s new Afghan detainee transfer policy may violate international human rights laws, Amnesty International warned Tuesday. The new detainee management system, announced Tuesday by Australian Minister of Defence Stephen Smith, provides for the systematic transfer of “high risk” detainees to US forces and “low risk” detainees to Afghan forces. According to AI Asia-Pacific director [...]

Cable shows that US doesn’t believe diplomatic assurances worked with Tunisia

In cable 08TUNIS1137 of November 2008 the US embassy indicated that it did not believe anymore that assurances from the Tunisian government, and even from the President, that it would not mistreat detainees upon return would offer real protection to the detainees. The cable explains how the assurances were given: From late 2006 to mid-2007, [...]

UK Independent Reviewer of Terrorism’s Annual report 2009 offers alternative approach for stop and search powers

In his last report as Independent Reviewer of the Terrorism Act 2000, Lord Carlile made some comments as as to how the future reviewer might best discharge his/her role in the future. The report comes after the 2010 election on purpose: I have done this in order to be able to reflect upon declared or [...]

Nowak and Scheinin urge US to ensure no forcible return of Guantanamo detainees

The UN Special Rapporteurs on Torture, Manfred Nowak, and on the Protection of Human Rights while Countering Terrorism, Martin Scheinin, have called on the US Government to ensure that it does not forcibly return anyone to another State where the person could be subject to torture. While welcoming US efforts to close Guantanamo Bay detention [...]

ECtHR: recent decisions on violation of art. 3 arising from expulsion/deportation

The European Court of Human Rights (ECtHR) has recently delivered two judgments concerning the violation of article 3 arising from the risk of ill-treatment of the claimants, if returned to their country of origin. The first case, A. v. The Netherlands, originated in an application filed by a Libyan national, Mr A., in which he [...]

Guantanamo update

JUDICIAL DECISIONS Khadr decision to fire lawyers throws hearings into doubtThe Globe and Mail reports that the fate of Omar Khadr’s military trial, and the evidence the prosecution can present, will be up to Omar Khadr and his judge. Military Justice Colonel Patrick Parrish will call on the Canadian charged with terrorism to confirm a [...]

ECtHR asks UK to delay extradition of terror suspects to US

The European Court of Human Rights on Thursday ordered (press release; decision) UK to delay the extradition of the radical cleric Egyptian-born radical cleric Mustafa Kamal Mustafa — also known as Abu Hamza al-Masri -  and three other men. The Court said Hamza and the other men shouldn’t be extradited from the UK until it [...]