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Legal news from Sunday, November 13, 2011 |
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UN rights expert questions UK torture inquiry
Ashley Hileman on November 13, 2011 2:28 PM ET

[JURIST] A UN official on Saturday expressed concern regarding the lack of transparency in an inquiry by the UK into allegations that its secret services were complicit in torture of detainees in the aftermath of 9/11. The UN's Special Rapporteur on Torture, Juan Mendez, has doubts as to whether the proposed inquiry will meet international standards [Guardian report], while other human rights organizations criticize it because of its requirement that disclosures be made only with governmental approval. Additionally, the inquiry is powerless to compel witnesses or the release of relevant documents, and it provides no status in the proceedings for individuals alleging to be victims of UK torture. The combination of secrecy and limited power has led many to wonder if it will be effective in determining whether torture and other violations of human rights were committed by security services. The panel charged with completing the inquiry [JURIST report] was created by UK Prime Minister David Cameron [official website] in July. The need for the inquiry arose after 12 ex-detainees brought civil cases against the government, claiming that British agents took part in their mistreatment while they were held in prisons in foreign countries, including Pakistan and Morocco.
In September, a three-year probe into abuse of military detainees in Iraq was finalized with the release of a report [JURIST report] that found numerous British soldiers were involved in specific episodes of abuse of Iraqi citizens. The independent inquiry was led by retired judge William Gage and focused on the detention of 10 Iraqis arrested at a hotel in 2003 on suspicion of insurgency. One man, Baha Mousa, died in custody from what was concluded [AFP report] to be a combination of soldier-inflicted injuries and a generally weakened state resulting from his detention. Mousa and the other Iraqi detainees were hooded, handcuffed and held in stress positions by the British soldiers and were subjected to a series of violent assaults. Mousa, a father of two, served as the hotel's receptionist and died about 36 hours after being detained, sustaining 93 separate injuries including fractured ribs and a broken nose. Although the use of hooding and painful stress positions was banned by the British government in 1972, Gage found a lack of knowledge of this prohibition, which he reportedly blamed on "corporate failure" by the UK's Ministry of Defence (MOD) [official website]. The report also accused other soldiers of having knowledge of the abuse but not the "moral courage" to report the incidents.


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Myanmar rights body urges release of political prisoners
Maureen Cosgrove on November 13, 2011 12:42 PM ET

[JURIST] The Myanmar National Human Rights Commission (MNHRC) on Sunday urged President Thein Sein [BBC profile] to release political prisoners [letter, PDF]. In an open letter to Sein published in three state-owned newspapers, the MNHRC indicated that domestic and international support would follow the prisoners' release. Sein had granted amnesty to 6,359 prisoners in October following a similar open letter issued by the MNHRC. MNHRC Chairman Win Mra called for the release of the political prisoners and recommended that Sein transfer certain prisoners to prisons closer to their families:The release of the remaining prisoners, including those cited above convicted for breach of existing laws who do not pose a threat to the stability of State and public tranquility, in the interest of national races, will not only enable them to participate in whatever way they can in the nation-building tasks but also will in a way help promote national unity. Accordingly, the Myanmar National Human Rights Commission again humbly requests the President as a reflection of his magnanimity to include those prisoners when a subsequent amnesty is granted. If for reasons of maintaining peace and stability, certain prisoners cannot as yet be included in the amnesty, the Commission would like to respectfully submit that consideration be made for transferring them to prisons with easy access for their family members. The MNHRC estimates that there are 500 prisoners of conscience in Myanmar custody, while other estimates reach 2,000. Some sources suggest that amnesty will be granted [AP report] to the prisoners as early as Monday.
In October, UN Secretary-General Ban Ki-moon [official profile] welcomed [statement] the release of political prisoners by Myanmar's president, while urging the government to release all political prisoners [JURIST report] in accordance with the rule of law. Days earlier, US Assistant Secretary of State Kurt Campbell indicated that Myanmar's civilian-led government was planning dramatic changes including releasing hundreds of political prisoners [JURIST report] and consequential dialogue with pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive]. Myanmar has sought to improve its international reputation following a transfer of power from a military regime to a civil system in March after holding its first elections in 20 years. Myanmar's government formed the MNHRC [JURIST report] in September to promote and safeguard the country's constitutional rights. In August, UN Special Rapporteur on the situation of human rights in Myanmar Tomas Ojea Quintana urged the government of Myanmar to investigate human rights abuses [JURIST report] and improve its rights record. In May, Myanmar began releasing as many as 15,000 prisoners [JURIST report] as part of an amnesty program after a visit from a special envoy from the UN secretary-general, but rights groups claim the government has not gone far enough.


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