[JURIST] The family of Kenyan Guantanamo Bay [JURIST news archive] detainee Mohamed Abdulmalik has filed a lawsuit against the Kenyan government claiming that he was illegally detained, tortured, and rendered to US authorities. The suit seeks Abdulmalik's return to Kenya and USD $30 million in damages. Abdulmalik was originally arrested by the Kenyan Anti-terrorism Police Unit in Mombassa in 2007 in connection with the 2002 bombing of a resort hotel [NYT report] and a failed attempt [BBC report] to shoot down an Israeli charter plane. He was then taken into US custody and eventually transfered to Guantanamo [DOD press release] where he allegedly confessed [HRW report] to the crimes, although his Combatant Status Review Tribunal [official website] report is still classified. British human rights group Reprieve [advocacy website], which has helped Abdulmalik's family, stated [Standard report] that the case points out the illegal means by which detainees have ended up in Guantanamo. Kenyan authorities deny [GlobalSecurity report] arresting Abdulmalik, whom they claim is not a Kenyan citizen, and handing him over to the US military.

The lawsuit comes as US authorities are working to close the Guantanamo prison. US President Barack Obama originally pledged to close the facility by January, but in October, US Attorney General Eric Holder [official profile] announced that the Obama administration may miss its January deadline for closing Guantanamo Bay, echoing prior statements [JURIST reports] by top administration officials. The Center for American Progress (CAP) [advocacy website] released a report [JURIST report] last month criticizing the White House for several shortfalls in its decision-making process regarding closure of the facility and disposition of detainees.

[JURIST] Philippines President Gloria Macapagal-Arroyo [official website; BBC profile] on Saturday recalled Proclamation 1959 [text, PDF], lifting the declaration of martial law [press release] and reinstating habeas corpus in the province of Maguindanao. Executive Secretary Eduardo Ermita announced that martial law had been lifted, saying that the objectives of Proclamation 1959 had been met. The objectives were quelling the rebellion, arresting suspects from last month's massacre, securing the safety of witnesses, filing appropriate charges against the suspects, disarming illegal armed groups, restoring law and order and press freedom, and restoring civilian government. The proclamation declaring a state of emergency will remain in effect [Manila Bulletin report], and the deployment of troops to Maguindanao will continue.

Earlier this week, Amnesty International (AI) [advocacy website] urged [JURIST report] Philippine authorities to establish a timetable to end martial law. The National Union of People's Lawyers (NUPL) [advocacy website] and other groups petitioned the Philippines Supreme Court [official website] to reject the declaration of martial law. The proclamation was announced [JURIST report] last Saturday, and is a result of instability in the province following a politically motivated attack that left 57 dead last month. Government authorities last week arrested several suspects [BBC report] in connection with the attack, including Maguindanao Governor Andal Ampatuan Sr., and subsequently discovered an "arsenal of weapons" buried nearby. Military officials believed that rebels loyal to the Ampatuan family intended to launch a rebellion. The family is suspected of ordering the November 23 attack [AFP report] against political rival Esmael Mangudadatu, who was traveling with family, aides, and journalists to file as a candidate in an upcoming gubernatorial election.

[JURIST] The Constitutional Court of Turkey [official website, in Turkish] voted Friday to ban the Democratic Society Party (DTP) after finding the party to have been cooperating with the Kurdish Workers Party (PKK) [GlobalSecurity backgrounder], a separatist, designated terrorist group. The vote occurred after the PKK claimed responsibility [AP report] Thursday for killing six Turkish soldiers. Constitutional Court Chairman Hasim Kilic [official profile, in Turkish] told reporters that the DTP was banned under Articles 68 and 69 of the Turkish Constitution [text, in Turkish] and the Political Parties Law. DTP leaders Ahmet Turk and Aysel Tugluk [JURIST news archives] were expelled from the Turkey Grand National Assembly [official website, in Turkish], in which the DTP, the largest pro-Kurdish party, holds 21 seats. According to statements by Turk, the remaining 19 seated members, while having the option to remain in parliament as independents, will boycott the session. In addition, 35 other members of DTP, including Leyla Zana [NNDB profile], who was sentenced to 10 years [JURIST report] for supporting the PKK, have been barred from joining any political party for five years. Violent protests and riots have ensued in the Kurdish populated southeast. The European Union (EU) [official website], having previously warned that banning the DTP would violate Kurdish rights, issued a statement of concern saying the ban was an "obstacle to democratization."

The EU reported in October that Turkey’s human rights record has compromised its accession bid [JURIST report]. Turkey has faced several obstacles as it works toward accession to the EU [criteria materials], including constitutional reforms. The EU has told Turkey to amend its constitution that was written under military rule and limits freedom of expression and freedom of religion. Since August, Prime Minister Recep Tayyip Erdogan [BBC profile] has sought to end Turkey’s 25-year conflict [BBC report] with the PKK, which has been a major impediment to Turkey's bid to join the EU. In July, the Constitutional Court narrowly rejected a proposal to ban [JURIST reports] the Islamic Justice and Development Party (AKP) [party website, in Turkish], which was accused of ignoring the secular principles of the country's constitution, with only six of the 11 judges favoring to dissolve the party. In May, the EC-Turkey Association Council urged [JURIST report] Turkey to improve its human rights record. Last year, European Commission President Jose Manuel Barroso [official profile] addressed the Turkish parliament to applaud the government's efforts to reform a controversial provision of the Turkish penal code [JURIST reports] but stressed that further efforts would be necessary.