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Legal news from Saturday, February 9, 2008 |
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DOD lays new charges against two more Guantanamo detainees
Nick Fiske on February 9, 2008 9:52 AM ET

[JURIST] The US Department of Defense [official website] announced Friday that two more Guantanamo Bay [JURIST news archive] detainees have been charged with war crimes. Ali Hamza Ahmad Suliman al Bahlul [DOD press release], alleged to be Osama bin Laden's personal assistant and media secretary, is charged [charge sheet] with conspiracy, solicitation to commit murder and attacks on civilians, and providing material support for terrorism. He is accused of, among other things, researching the financial impact of the 9/11 attacks and releasing the "martyr wills" of 9/11 hijackers Muhammed Atta and Ziad al Jarrah as propaganda videos. Ibrahim Ahmed Mahmoud al Qosi [DOD press release], suspected of being Osama bin Laden's body guard and driver, is charged [charge sheet] with conspiracy to target and attack civilians and providing material support for terrorism. Al Qosi is suspected of helping bin Laden and his family escape to the Tora Bora mountains in Afghanistan in the wake of the attacks. Both men had previously been charged [JURIST report] in 2004 and were initially expected to face military commissions [DOD materials] at Guantanamo Bay convened by the Bush administration, but those charges were dropped after the Supreme Court found the initial commissions to be in violation of military law and the Geneva Conventions [ICRC materials] in Hamdan v. Rumsfeld [Duke Law case backgrounder; JURIST report]. The new charges have been brought under the 2006 Military Commissions Act (MCA) [PDF text].
The separate trials are expected to raise allegations by both defendants of prisoner abuse and torture in US detention centers. Al Qosi claims that he was draped in an Israeli flag, an act meant to humiliate him during interrogations, while al Bahlul's previous attorney told a military commission judge that his client had been tortured. The US military says it eventually hopes to try as many as 80 Guantanamo detainees for war crimes; on Saturday, the New York Times reported that a major prosecution of up to six more Guantanamo detainees, including Khalid Shaikh Mohammed, is in the works. Prior to Friday, only four had been formally charged [JURIST report] under the MCA. AP has more.


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Turkish parliament formally approves headscarf ban amendment
Nick Fiske on February 9, 2008 9:11 AM ET

[JURIST] The Grand National Assembly of Turkey [official website] Saturday formally passed the first of two proposed amendments to the country's constitution [text] that would ease a current ban on Islamic headscarves [JURIST report] and allow women to wear headscarves in universities. The measure, which passed by a final vote of 403-107, requires that everyone receives equal treatment from state institutions. The second amendment, recognizing equal rights to higher education, is expected to pass later today with the support of both Turkey's ruling Justice and Development Party and the conservative Nationalist Movement Party [party websites]. The measures, preliminarily approved [JURIST report] earlier this week, must next go to Turkish President Abdullah Gul [official profile] for approval. Opposition parties have threatened to appeal to the judiciary if the amendments are adopted.
Meanwhile, for the second time this week, tens of thousands of secular Turks rallied in Ankara to protest the constitutional revisions. Headscarves and other forms of Muslim traditional religious dress [JURIST news archive] are banned from many public places in modern Turkey, a majority Muslim country despite official secularism. Supporters of the ban, largely secularists, say the ban on headscarves is necessary to protect the separation of religion and state. Erdogan has repeatedly called for an end to the ban, saying it effectively denies some Muslim women access to higher education [JURIST report], but secularists believe that Erdogan's insistence on ending the ban is a political statement against secular principles. The amendments would alter the constitution and Higher Education Law No. 2547 [HRW backgrounder] to allow scarves tied at the chin. Chadors, veils and burqas reportedly will still be banned. AP has more.


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