The European Court of Human Rights (ECHR) found Lithuania liable on Tuesday for assisting the US with the torture of a man from Saudi Arabia at Detention Site Violet, a secret CIA prison in Lithuania, in 2005. The court found that Lithuania violated several provisions of the European Convention on Human Rights against the applicant [...]
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UK Supreme Court rules Guantanamo Bay detainee can bring claim against British authorities
The UK Supreme Court ruled Wednesday that a Guantanamo Bay prisoner held by the US can bring a claim in the English and Welsh courts against UK authorities. The detainee, Zayn al-Abidin Muhammad Husayn (Zubaydah), alleged that British intelligence services asked the CIA to interrogate Zubaydah and sent the spy agency numerous questions to elicit [...]
Law students from the European Union are reporting for JURIST on law-related events in and affecting the European Union and its member states. Jacky-Long Mouthuy is a law student at Maastricht University. He files this dispatch from Maastricht, Netherlands. Yesterday, November 2, was the UN’s International Day to End Impunity for Crimes Against Journalists. Ahead [...]
US military judge at Guantanamo Bay rules that 9/11 defendant 'lacks capacity to stand trial'
A US military judge ruled on Thursday that Ramzi bin al-Shibh, a 9/11 defendant detained in US custody at Guantanamo Bay, Cuba, is unfit to stand trial. Military Judge Colonel Matthew N. McCall’s ruling comes after a medical panel found that al-Shibh has PTSD with “Secondary Psychotic Features” resulting from his abuse in Central Intelligence [...]
UN alleges human rights violations against Guantanamo Bay Prison detainee
The UN Working Group on Arbitrary Detention released a report alleging that Afghanistan, Lithuania, Morocco, Poland, Romania, Thailand, United Arab Emirates (UAE) and the US all participated in human rights violations against Abd al-Rahim Hussein al-Nashiri, a man accused of assisting in the bombing of the USS Cole in 2000. Al-Nashiri is currently held in [...]
US Supreme Court rules against disclosing privileged information in CIA torture case
The US Supreme Court ruled Thursday in a 7-2 decision that information related to torture at CIA “black sites” is protected under the state secrets privilege, which allows the government to bar the release of information when it would endanger national security. Between December 2003 and September 2004, respondent Zayn al-Abidin Muhammad Husayn (Zubaydah), a [...]
Will Guantanamo Continue As An Unnecessary Presidential Legacy?
Almost five years ago I contributed to a Commentary to JURIST entitled, “Guantanamo: An Unnecessary Presidential Legacy,” which focused on former President Barack Obama’s unsuccessful attempt to shut down the Guantanamo prison facility because of missed opportunities, faulty decision making, internal administration opposition and ultimately partisan political division that resulted in an unnecessary presidential legacy. [...]
Postponing Confirmation Hearings for the Benefit of the Supreme Court and the Nation
The tumultuous controversy about whether President Trump and the Senate should try to fill the late Justice Ruth Bader Ginsburg’s seat before the upcoming election presents high stake political and constitutional risks for both Republicans and Democrats. It also presents risks for long-term public confidence in the integrity of the Supreme Court. Republicans can hardly [...]
The 2021 trial of Khalid Sheikh Mohammed, the “architect of 9/11,” and the other accused will write an important page in the legal chapter of dealing with terrorism. What is not clear is if this page will solve issues, sustain them, or even create more. Ultimately, these trials will be essential not only for the [...]
The Meaning of Gina Haspel as CIA Director Designate: Is This the Best the United States Can Do?
JUIRST Guest Columnist Benjamin G. Davis of the University of Toledo College of Law discusses the potential implications of Gina Haspel as CIA Director Designate....I. Ah, if the Obama Administration had only followed my advice! November 15, 2016, after teaching...