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Legal news from Sunday, January 4, 2009




Australia officially rejects US request to accept Guantanamo detainees
Tarah Park on January 4, 2009 11:24 AM ET

[JURIST] Australian acting Prime Minister Julia Gillard [official profile] on Saturday officially announced Australia's rejection of a US request to accept foreign Guantanamo detainees. This was the second request by the Bush administration regarding Australia's acceptance of prisoners of the Guantanamo Bay [JURIST news archive] prison camp, and came in response President-elect Barack Obama's vow to close the prison. The first request was rejected in early 2008. The formal rejection [AP report] followed Gillard's statement [press release, JURIST report] on Friday that it was unlikely Australia could accept the detainees due to the country's stringent immigration and national security regulations but that they would consider the request. Gillard stressed, however, that Australia would remain open [AFP report] to future US requests to resettle detainees and would assess each request on its merits.

Some 255 detainees remain in Guantanamo Bay, at least 60 of whom are no longer considered a threat. Many European countries, including Britain, Germany, Ireland, and Portugal [JURIST reports] have already said they would consider accepting released detainees although other countries have been notably reticent. On December 18, US Secretary of Defense Robert Gates ordered the Pentagon to draft a proposal for shutting down [press release; JURIST report] the military prison at Guantanamo Bay in preparation for a possible order from President-elect Barack Obama. The US government has reportedly been in contact with some 100 foreign governments asking them to consider taking in detainees who it says cannot be returned to their home states.






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Human rights activist Jestina Mukoko allegedly poisoned in Zimbabwe prison
Tarah Park on January 4, 2009 10:17 AM ET

[JURIST] Imprisoned Zimbabwe human rights activist and head of Zimbabwe Peace Project (ZPP) [advocacy materials] Jestina Mukoko [advocacy website, JURIST news archive] has allegedly been tortured and forced by prison officials to ingest drugs, according to a report [text] in South Africa's Sunday Independent. The torture and poisoning [AFP report] has allegedly taken place in Mukoko's solitary confinement cell at Chikurubi Maximum Security prison where she is being held [JURIST report] on charges of attempting to overthrow the government of Zimbabwe President Robert Mugabe [BBC profile; JURIST news archive]. This news comes after a high court rejected [JURIST report] Mukoko's petition for release to receive medical treatment on Friday. Mukoko's attorney Beatrice Mtetwa has ordered a toxicology test to corroborate the allegations, saying that Mukoko is psychologically traumatized and it is not sure that she has been able to tell the whole story about her treatment because of the constant presence of state officials.

Mukoko, who played a key role in monitoring and publicizing the violence that has occurred before and after the recent Zimbabwe presidential elections and the run-off elections [JURIST report] that followed, was apprehended from her home on December 3 and held in an undisclosed location for several weeks because of her alleged involvement in Mugabe's opposition. Rumors of mistreatment have alarmed human rights groups [OMCT press release] worldwide and compelled worldwide protest.






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