JURIST - Paper Chase: Saturday, November 19, 2011

[JURIST] UN Secretary-General Ban Ki-moon [official profile] announced on Saturday that he hopes to visit Myanmar soon, after meeting [UN News Centre report] with President Thien Sein [BBC backgrounder]. Ban also congratulated Sein on the country's strive toward democracy, as well as its naming as new chair of the Association of Southeast Asian Nations (ASEAN). The Myanmar National Human Rights Commission (MNHRC) last week urged Sein to release political prisoners [JURIST report]. 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. Ban welcomed the release of political prisoners by Sein last month, while urging the government to release all political prisoners [JURIST report] in accordance with the rule of law. It was also announced last week that US Secretary of State Hillary Clinton [official website] would be visiting the nation next month. Ban's visit will be finalized within the next few months.

Last month, 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.

[JURIST] As many as 50,000 protesters took to Tahrir Square in Egypt on Friday, decrying the military's continued rule over the nation since the this year's revolution, and on Saturday were met with a reported violent reprisal from police forces. The Muslim Brotherhood (MB) [official website] organized the protests earlier this week [press release] in an attempt to force the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder] to "intervene and withdraw the supra-constitutional principles proposed by Deputy Prime Minister Ali Elselmy." The MB believes the proposed law [text] would integrate the military into the political system in violation of the constitution [text]. Since the protests began, reportedly more than 500 people have been injured and 18 arrested [Al Ahram report]. Struggles began when riot police attempted to dismantle a tent camp [Al Jazeera report] memorializing activists killed in the revolution. Latest reports reveal that protesters were attempting to storm the Ministry of the Interior [official website] and were deterred by police firing rubber bullets.

Many fear the recent protests will impede upcoming elections. The November 28 election is considered the first free election following the overthrow [JURIST report] of Mubarak in February. Earlier this week, the Egypt Supreme Administrative Court suspended a verdict [JURIST report] handed down last week by the Mansoura Administrative Court that prohibited former officials of the National Democratic Party (NDP) to participate in the upcoming election. As a result, most of the officials who joined other parties or plan to run independently are now allowed to continue their campaigns for the election. This month, Egypt stated that it will amend its constitution [JURIST report] based on a court ruling from a week before in order to allow citizens living abroad to vote in the parliamentary election. In addition, the SCAF announced that it will create a law that will ban [JURIST report] anyone found guilty of corruption from the election process. Mubarak himself is faced with charges of complicity in the deaths of more than 800 protesters [JURIST report] during the pro-democracy demonstrations in Egypt [JURIST news archive]. His trial was adjourned [JURIST report] last month and will not resume until December 28. Also last month, an Egyptian court overturned [JURIST report] a ban prohibiting formation of religious-based political parties. Some restrictions, however, still exist in the election process such as prohibition of using religious slogans [JURIST report] during campaigns.

[JURIST] Philippine authorities formally charged former president Gloria Macapagal Arroyo [BBC profile; JURIST news archive] with electoral sabotage Saturday, a day after she was arrested on a warrant [text] issued for charges of corruption and election fraud that occurred during her time as president. The Philippine Commission on Elections [official website] approved fraud charges against Arroyo Friday and she was arrested in her hospital room [JURIST report], in which she was being treated for a bone ailment and remains under police guard. Arroyo was previously unable to seek medical care outside of the Philippines because of travel restrictions in connection with her charges, but earlier this week the Philippine Supreme Court [official website] issued a temporary restraining order [JURIST report] allowing her to leave the country despite the accusations. The court ruled 8-5 against the government-imposed travel restrictions that started in August. Arroyo argued that she needs to travel abroad for medical treatment unavailable in the Philippines, while government officials argued that local treatment is available and her travel is really an attempt to flee the country. After the decision was upheld Friday, the government issued the warrant for her arrest which overrode the court's decision allowing her to travel. Arroyo continues to deny wrongdoing [AP report] and alleges that the charges reflect political persecution by the government.

On Tuesday Arroyo and her husband attempted to leave the country after posting bond, but the government refused to allow them transit until they received an official copy of the court order. A spokesperson for the government stated it would appeal the ruling. Oral arguments were set for November 22. Arroyo was president of the Philippines from 2001-2010. She left office after the Philippine Department of Justice (PDOJ) [official website] brought allegations of corruption. Arroyo was elected to the House of Representatives last year after the Philippine Supreme Court ruled her eligible to run [JURIST report], despite protests that she had an unfair advantage. In July 2010, current President Benigno Aquino [BBC profile] signed an executive order [JURIST report] to set up a "truth commission" to investigate allegations that the outgoing administration engaged in corruption and rights violations.

[JURIST] Saif al-Islam Gaddafi was captured in southern Libya [JURIST backgrounder] Friday, officials of the country's interim government have announced. A fugitive since his father's regime fell last month [JURIST report], the highest-profile son of deceased former dictator Muammar Gaddafi [BBC obituary; JURIST news archive] was arrested without a fight [Guardian report] in the desert near the southern city of Sabha. Saif al-Islam was captured overnight with several armed companions, reportedly in an attempt to escape to neighboring Niger. Libyan state television has reported that Saif al-Islam arrived uninjured at an army base in the town of Zintan, 90 miles southwest of Tripoli, after being captured by Zintan fighters, part of one of the powerful Libyan militias that are friendly to the country's National Transitional Council (NTC) [website]. Saif al-Islam is wanted [JURIST report] by the International Criminal Court (ICC) [official website] for crimes against humanity [warrant, PDF], but many in Libya want him tried locally, and the NTC previously insisted it will try any war criminals in Libya and not extradite them to The Hague. The militia fighters have stated that it is up to the NTC to decide where Saif al-Islam will be tried, but that until the new Libyan government is formed they will hold Saif al-Islam at Zintan, a base for militia forces in the Nafusa Mountains, which played a key part in the storming of Tripoli in the summer. Interim prime minister Abdel-Rahim al-Keeb is due to announce the new government this week.

ICC Chief Prosecutor Luis Moreno-Ocampo [official profile] said Saturday that he will go to Libya in the next week [Reuters report] to discuss Saif al-Islam's fate. Earlier this month Ottilia Maunganidze [profile], a researcher at the Institute for Security Studies [website], wrote that the NTC must meet its international obligations [JURIST op-ed] and ensure justice for human rights violations by surrendering Saif al-Islam to the ICC. Edsel Tupaz of Tupaz & Associates and Daniel Wagner [profiles] of Country Risk Solutions wrote this month that while Libya needs a "strategically targeted court system" with a specialized war crimes court [JURIST op-ed] at its core, currently there is no avoiding "the fact that there are no domestic judicial mechanisms [in Libya] ... to enforce the voice of the ICC." Ocampo last month stated that he has evidence against Saif al-Islam [JURIST report] for his role in planning attacks on Libyan civilians. According to Ocampo there is "substantial evidence" that Saif al-Islam hired mercenaries to assist him in carrying out plans to attack demonstrators that protested the rule of his father. Libyan rebel leaders allegedly captured Saif al-Islam [JURIST report] in August, but he was free by September.