Counter Terrorism and Human Rights Icj 2010-07

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International Commission of Jurists

E-BULLETIN ON

COUNTER-TERRORISM & HUMAN RIGHTS

No. 45, July 2010

AFRICA & MIDDLE EASTUganda: Charges laid for 11 July Kampala bombingsUganda: Parliament approves phone tapping billNigeria:Senate Committee proposes death penalty for terrorism convictsSenegal: Court allows extradition of terrorism suspects to MoroccoMauritania: Anti-terrorism law passed by ParliamentMorocco: Terrorism conviction upheld without addressing procedural fl awsTunisia: Convictions on the basis ofconfessions obtained by tortureYemen: Death penalty in terrorism casesIsrael: Supreme Court rejects injunction of four Palestinian MPs to be deported Israel: Inter-Parliamentary Union condemns lifting of immunity for Israeli MPIsrael: Human Rights Committee concerned at anti-terrorism legislation and practices

AMERICASUSA: Algerian Guantnamo detainee not part of Al QaedaUSA: Bybee testified that water-boarding authorisation was not soughtUSA: Yemeni Guantnamo detainee repatriated after courts orderUSA: Guantnamo detainees sent to Algeria despite fear of ill-treatmentUSA: Time in administrative detention irrelevant for right to a speedy trialUSA: Designation of organisation as terrorist fails procedural safeguardsUSA: Washington Post reveals wide anti-terrorism security webCanada: Government must choose remedy with procedural fairness

ASIA - PACIFICThailand: Bail granted to opposition leader charged with terrorism; 26 persons chargedThailand: State of Emergency extended for three monthsPakistan: Anti-terrorism bill increases detention without judicial reviewIndia: Human Rights Watch publishes report on 2008 anti-terrorism lawSingapore: Terrorism suspect detained under administrative detentionAustralia: Haneef sues former Immigration Minister

EUROPE & COMMONWEALTH OF INDEPENDENT STATES UK: Prime Minister announces inquiry into UK complicity in tortureUK: Home Secretary announces review of counter-terrorism lawsUK: High Court rules on transfer of prisoners to Afghan authoritiesUK: Supreme Court says control order subject must remain anonymousUK: European Court of Human Rights admits case on terrorism extradition to USAUK: Disclosed documents reveal more UK complicity in torture and UK renditionpracticesUK: Government published guidelines to avoid complicity in tortureFrance: Constitutional Council finds prolonged police custody for terrorist suspectsconstitutional

Netherlands: Expulsion to Libya violates non-refoulement, says European Court

ICJ E-Bulletin on Counter-Terrorism and Human Rights July 2010 - ( www.icj.org)Links to non ICJ webpages do not imply endorsement or approval by the ICJ

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Slovakia: Former Guantnamo detainees on hunger-strike over detention conditionsTurkey: Parliament ends prosecution of children for engaging in demonstrations underanti-terrorism lawsTurkey: Terrorism law violates freedom of expression, holds European CourtTurkey: Committee on Prevention of Torture finds improvement in calans detentionconditions

Turkey: Deportation to Tunisia of terrorist suspect would violate non-refoulementTurkey: Three persons were tortured while held under anti-terrorism investigations, rulesEuropean CourtAzerbaijan: Journalist cleared by European Court of terrorism conviction, still convictedfor alleged drug offencesRussian Federation: European Court rules on enforced disappearances during counter-terrorism operations in ChechnyaRussian Federation: Transfer to Uzbekistan would violate prohibition of torture, saysEuropean CourtRussian Federation: President signs into law new legislation on intelligence services

UNITED NATIONS & REGIONAL ORGANISATIONSUN: Security Council debates procedural fairness in terrorism lists

UN: Sanctions Committee issues new Guidelines for terrorism listsUN: New Ombudswoman says she will provide procedural fairness in delistingEU: Unlawful insertion in EU terrorism lists cannot form basis of criminal convictionEU: Parliament approved bank data sharing agreement with USAEU: Commission presented report on stock-tacking in counter-terrorismEU: Data Protection Authorities find implementation of data retention directive unlawfulCouncil of Europe: Venice Commission publishes report on counter-terrorism and humanrightsAfrican Union: Assembly calls for enhanced cooperation in counter-terrorismOSCE: Conference declaration opposes association between terrorism and Islam


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AFRICA & MIDDLE EAST

Uganda: Charges laid for 11 July Kampala bombingsOn 30 July, a Nakawa Chief Magistrate, Deo Sejjemba, charged Hussein Hassan Agad,Mohamed Adan Abdow, and Idris Magondu with counts of terrorism, murder andattempted murder, in connection with the bomb blasts that killed at least 76 people in

Kampala on 11 July 2010. The Somali group Al-Shabaab had claimed responsibility for thebombing. On 29 July, the Ugandan authorities deported on immigration grounds severalPakistanis who were held under the anti-terrorism investigations but were not charged.

Uganda: Parliament approves phone tapping billOn 14 July, three days after the 11 July bombing in Kampala, the Parliament passed theRegulation of Interception of Communication Bill, initially proposed by the Security Ministerin 2007. The bill gives the authorities the power of interception of communications, with

judicial warrant, whenever it is believed a felony, that is life-threatening, could becommitted, or information concerning threats to public safety, national security, ornational economic interest would be at issue. This power was initially granted only to theSecurity Minister, without judicial review, leading to the bills rejection last year. The billwill also make it compulsory for all mobile phone subscribers in the country to registertheir SIM cards for security purposes. The bill will enter into force after assent by thePresident of Uganda.

Nigeria: Senate Committee proposes death penalty for terrorism convictsOn 7 July, the Senate Joint Committee on Terrorism proposed to introduce provision forthe death penalty in the Bill for an Act to provide for measures to combat terrorism and forrelated matters, to apply to anyone found guilty of engaging in terrorist acts. Reportedly,the bill also seeks to empower all the security agencies to carry out searches of any

premises in case of urgency, without search warrants.

Senegal:Court allows extradition of terrorism suspects to MoroccoOn 30 July, the Appeals Court of Dakar approved the extradition of Sy Mouhamet Nadane,Mouhamet Nadane and Moulaye El Hatlani, all Moroccan citizens, wanted in Morocco oncharges of terrorism training and membership in a terrorist organization. The Courtrejected arguments that they would risk ill-treatment upon return to Morocco. The fi naldecision rests with the President of the Republic of Senegal.

Mauritania: Anti-terrorism law passed by ParliamentOn 8 July, the National Assembly adopted a new anti-terrorism law, after theConstitutional Council had declared ten articles of the previously adopted legislationunconstitutional and void. The new law will reportedly introduce a garde--vue that might

be extended up to 45 days.

Morocco: Terrorism conviction upheld without addressing procedural fl awsOn 16 July, the Rabat Criminal Chamber responsible for terrorism cases affi rmed a lower

court ruling convicting 35 people, including six political fi gures, of the charges of forminga terrorist cell that smuggled arms and committed robberies to fi nance terrorist acts to


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Press Article 1 Press Article 2 Press Article 3

Draft Law (not amended version) Press Article 1 Press Article 2

Draft Law NGO Statement Press Article 1 Press Article 2

Press Article (F) Press Article (E)

Draft Law (not amended - F) Modified Provisions (F) Press Article 1 (F)

Press Article 2 (F)
http://allafrica.com/nigeria/http://www.icj.org/http://www.newvision.co.ug/detail.php?newsCategoryId=12&newsId=727597http://www.monitor.co.ug/News/National/-/688334/968186/-/x2pnhw/-/index.htmlhttp://allafrica.com/stories/201007300450.htmlhttp://www.parliament.go.ug/billtrack/display_bill.hei?track_no=2007-023&action=summaryhttp://www.monitor.co.ug/News/National/-/688334/958354/-/x2463s/-/index.htmlhttp://allafrica.com/stories/201007191784.htmlhttp://www.icj.org/IMG/hb_322.pdfhttp://www.amnesty.org/en/library/asset/AFR44/006/2010/en/33ba3b7a-4e60-4bfa-afc1-946331f3e8c9/afr440062010en.htmlhttp://allafrica.com/stories/201007070186.htmlhttp://allafrica.com/stories/201007070027.htmlhttp://www.lesoleil.sn/article.php3?id_article=62072http://www.bloomberg.com/news/2010-07-30/moroccans-held-in-senegal-may-be-extradited-in-terrorism-case-soleil-says.htmlhttp://www.un.mr/revuepresse/2009/13/2/HOR%205155_Projet%20de%20loi%20abrogeant%20et%20remplacant%20la%20loi%20No%202005%2011012010.pdfhttp://www.quotidien-nouakchott.com/lutte-contre-le-terrorisme-le-gouvernement-revu-sa-copiehttp://www.ani.mr/anifr.php?menuLink=9bf31c7ff062936a96d3c8bd1f8f2ff3&idNews=9969http://www.afriquejet.com/afrique-du-nord/mauritanie/mauritanie:-un-avocat-denonce-la-loi-antiterroriste-2010071252568.htmlhttp://www.afriquejet.com/afrique-du-nord/mauritanie/mauritanie:-un-avocat-denonce-la-loi-antiterroriste-2010071252568.htmlhttp://www.ani.mr/anifr.php?menuLink=9bf31c7ff062936a96d3c8bd1f8f2ff3&idNews=9969http://www.quotidien-nouakchott.com/lutte-contre-le-terrorisme-le-gouvernement-revu-sa-copiehttp://www.un.mr/revuepresse/2009/13/2/HOR%205155_Projet%20de%20loi%20abrogeant%20et%20remplacant%20la%20loi%20No%202005%2011012010.pdfhttp://www.bloomberg.com/news/2010-07-30/moroccans-held-in-senegal-may-be-extradited-in-terrorism-case-soleil-says.htmlhttp://www.lesoleil.sn/article.php3?id_article=62072http://allafrica.com/stories/201007070027.htmlhttp://allafrica.com/stories/201007070186.htmlhttp://www.amnesty.org/en/library/asset/AFR44/006/2010/en/33ba3b7a-4e60-4bfa-afc1-946331f3e8c9/afr440062010en.htmlhttp://www.icj.org/IMG/hb_322.pdfhttp://allafrica.com/stories/201007191784.htmlhttp://www.monitor.co.ug/News/National/-/688334/958354/-/x2463s/-/index.htmlhttp://www.parliament.go.ug/billtrack/display_bill.hei?track_no=2007-023&action=summaryhttp://allafrica.com/stories/201007300450.htmlhttp://www.monitor.co.ug/News/National/-/688334/968186/-/x2pnhw/-/index.htmlhttp://www.newvision.co.ug/detail.php?newsCategoryId=12&newsId=727597http://allafrica.com/nigeria/http://www.icj.org/


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topple the government. Human Rights Watch expressed concern at the fact that theAppeal Court did not address procedural irregularities in the fi rst instance proceedingsand so undermined their right to a fair trial.

Tunisia: Convictions on the basis of confessions obtained by tortureOn 11 July, eight Tunisians were sentenced to up to 12 years for belonging to a militantgroup and for inciting terrorism. Two of them, Bilel Beldi and Sami Bouras, were convictedin absentia as they are refugees in France and Sweden. The defendants denied the chargesand said that the confessions upon which the convictions were achieved were obtainedunder torture.

Yemen: Death penalty in terrorism casesOn 11 July, a criminal court sentenced four of sixteen persons convicted of terrorismoffences to the death penalty. They were convicted for being members of the Al-QaedaTarim terrorist cell in Yemen.

Israel: Supreme Court rejects injunction of four Palestinian MPs to be deportedOn 20 June, Israeli Supreme Court Chief Justice Dorit Beinish rejected an injunction on thedeportation of members of the Palestinian Legislative Council (PLC) Muhammad Abu-Teir, Ahmad Attoun and Muhammad Totah and former Palestinian Minister for

Jerusalem Affairs, Khaled Abu Arafeh. The three members of parliament had theirresidency revoked and been ordered to leave Jerusalem because of alleged membership ofHamas.

Israel: Inter-Parliamentary Union condemns lifting of immunity for Israeli MPOn 26 July, the Committee on the Human Rights of Parliamentarians of the Inter-Parliamentary Union (IPU) condemned the lifting of immunity of Haneen Zoabi, aMember of the Israeli Parliament (Knesset), who was one of the activists on board theflotilla destined for Gaza. The Interior Minister Eli Yishai had requested that she bedeprived of parliamentary immunity as a step towards revoking her citizenship fortreason. The Knesset approved the lifting of immunity by 34 votes in favour and 16against. The IPU held that the Knesset measure constituted punishment for havingexercised her freedom of speech through expression of a political position.

Israel: Human Rights Committee concerned at anti-terrorism legislation and practicesOn 30 July, the UN Human Rights Committee issued its concluding observations on Israel,pursuant to its review of the countrys implementation of its obligations under theInternational Covenant on Civil and Political Rights . The Committee expressed concern that,during counter-terrorism operations undertaken since 2003, Israels armed forces hadtargeted and extra-judicially executed 184 individuals in the Gaza Strip, resulting in theunintended death of 155 additional individuals. The Committee was also concerned thatproposed anti-terrorism legislation would include provisions based on the CriminalProcedure (Detainee Suspected of Security Offence) (Temporary Provision) Law which allow forsignificant delays in gaining access to a lawyer and for decisions on the extension ofdetention to be taken, in exceptional circumstances, in the absence of a suspect. Moreover,


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NGO Statement

Press Article

Press Article

NGO Statement 1 NGO Statement 2

IPU Decision NGO Statement
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in certain circumstances, a judge can decide not to disclose evidence to the detainee owingto security concerns. The Committee also criticized the practice of demolishing homes offamilies whose members were or are suspected of involvement in terrorist activities.

AMERICAS

USA:Algerian Guantnamo detainee not part of Al QaedaOn 28 June, the US Court of Appeals for the Circuit of the District of Columbia ruled thatBelkacem Bensayah should not be detained in indefi nite detention in Guantnamo Bay, asthere was insufficient evidence that he is a member of Al Qaeda. Belkacem Bensayah, anAlgerian citizen, was arrested in Bosnia and Herzegovina in 2001 and sent to Guantnamothrough an extraordinary rendition with other five Algerian men, in defiance of a judicialruling by the Human Rights Chamber of Bosnia that they should not be transferred fromBosnia and Herzegovina. The Court of Appeals held that the decision on whethersomeone is part of Al Qaeda must be made on a case-by-case basis and with a functionalrather than formal approach. The Court sent the case back to the District Judge to rule onthe legality of the detention.

USA: Bybee testified that water-boarding authorisation was not soughtOn 15 July, the House Judiciary Committee revealed that former Office of Legal Counselofficial, Jay. S. Bybee, now a federal appellate Judge, declared in a c losed-door testimony tothe Committee on 26 May, that the CIA never sought approval for a number of practicesdetainees later said had been used on them, including dousing with cold water to keepthem awake and forcing them to wear diapers or to soil themselves. Bybee is one of thedrafters of the so-called torture memos which aimed to provide a legal basis forpractices used by the CIA that constituted torture or other ill-treatment (enhanced

interrogation techniques).

USA:Yemeni Guantnamo detainee repatriated after courts orderAt the end of June, a ruling of the US District Court for the District of Columbia waspartially unclassified. It held that Mohamed Mohamed Hassan Odaini had no connectionwith Al Qaeda and that his detention in Guantnamo since 2002 was without legal basis.On 13 July, the Department of Defence announced that, despite the ban of deportations toYemen ordered by President Obama, Mohamed Mohamed Hassan Odaini had beentransferred to Yemen. On 26 July, another ruling was partially disclosed in which the sameCourt held that another Yemeni, Hussain Salem Mohammad Almerfedi, was unlawfully

held in Guantnamo since 2003 and should be released.

USA: Guantnamo detainees sent to Algeria despite fear of ill-treatmentThe Supreme Court denied the requests for stay of deportation of Farhi Saeed BinMohammed and Aziz Abdul Naji, two Algerian nationals who have been detained inGuantnamo. Together with other four Algerians they were challenging the deportation toAlgeria as they would risk torture or other ill-treatment in Algeria upon return. Therequest by Mr Mohammed was denied by a 5 to 3 majority, while that of Mr Aziz AbdulNaji, who has already been transferred to Algeria, was denied unanimously.


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Concluding Observations NGO Report on Anti-Terrorism Bill

Ruling Press Article

House Statement Press Article

Ruling (Odaini) Ruling (Almerfedi) Dep. Defence Statement

Order (Naji) Order (Mohammed) Dep. Defence Statement UN SRs Statement

Press ArticleIACHR Statement
http://www.icj.org/http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.ISR.CO.3.dochttp://www.acri.org.il/eng/story.aspx?id=748http://pacer.cadc.uscourts.gov/common/opinions/201007/08-5537-1253012.pdfhttp://www.nytimes.com/2010/07/04/us/04gitmo.html?partner=rss&emc=rsshttp://judiciary.house.gov/news/100715.htmlhttp://www.nytimes.com/2010/07/16/us/politics/16interrogation.html?partner=rss&emc=rsshttps://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1254-873https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cv1645-253http://www.defense.gov/releases/release.aspx?releaseid=13708http://www.scotusblog.com/wp-content/uploads/2010/07/Naji-denial-7-16-10.pdfhttp://www.supremecourt.gov/orders/courtorders/071610zr.pdfhttp://www.defense.gov/releases/release.aspx?releaseid=13721http://www.un.org/apps/news/story.asp?NewsID=35374&Cr=torture&Cr1=http://www.washingtonpost.com/wp-dyn/content/article/2010/07/19/AR2010071904922.html?wpisrc=nl_cuzheadhttp://www.cidh.org/Comunicados/English/2010/75-10eng.htmhttp://www.cidh.org/Comunicados/English/2010/75-10eng.htmhttp://www.washingtonpost.com/wp-dyn/content/article/2010/07/19/AR2010071904922.html?wpisrc=nl_cuzheadhttp://www.un.org/apps/news/story.asp?NewsID=35374&Cr=torture&Cr1=http://www.defense.gov/releases/release.aspx?releaseid=13721http://www.supremecourt.gov/orders/courtorders/071610zr.pdfhttp://www.scotusblog.com/wp-content/uploads/2010/07/Naji-denial-7-16-10.pdfhttp://www.defense.gov/releases/release.aspx?releaseid=13708https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cv1645-253https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1254-873http://www.nytimes.com/2010/07/16/us/politics/16interrogation.html?partner=rss&emc=rsshttp://judiciary.house.gov/news/100715.htmlhttp://www.nytimes.com/2010/07/04/us/04gitmo.html?partner=rss&emc=rsshttp://pacer.cadc.uscourts.gov/common/opinions/201007/08-5537-1253012.pdfhttp://www.acri.org.il/eng/story.aspx?id=748http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.ISR.CO.3.dochttp://www.icj.org/


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USA: Time in administrative detention irrelevant for right to a speedy trialOn 12 July, Judge Lewis A. Kaplan of the US District Court of the Southern District of NewYork rejected a motion by Ahmed Khalfan Ghailani seeking the dismissal of the 1998indictment against him as a violation of his right to a speedy trial under the USConstitution. Ahmed Khalfan Ghailani is charged with the bombings of the US embassies

in Nairobi (Kenya) and Dar es Salaam (Tanzania). He was detained in July 2004 and heldin secret CIA detention until September 2006 before being transferred to Guant namo. Thecharges against him before US Military Commissions were dropped and his case was

brought to trial in a federal court on 9 June 2009. The judge considered that the period ofCIA detention could not be counted in determining the delay of the trial as there was nointention by the authorities to delay his trial, but rather to obtain intelligence information.The time spent in Guantnamo was judged not affect his right to a speedy trial, as hewould have been held there as an enemy combatant regardless of the criminal chargesagainst him.

USA:Designation of organisation as terrorist fails procedural safeguardsOn 16 July, the Court of Appeals for the Circuit of the District of Columbia ruled that thedesignation by the US Treasury Department of the Peoples Mojahedin Organisation ofIran (PMOI) violated procedural safeguards. The Court held that the organisation must benotified of the unclassified material on which the decision is based and it must be given anopportunity to respond to that material before the designation is made. Under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), the US Treasury may designate anyforeign entity which engages in terrorism or terrorist activity that threatens the security ofthe USA or its nationals. The designation may result in the freezing of the organisationsassets, a ban on entering the USA for its members, and criminal prosecution of those whoprovide material support or resources to the organisation.

USA:Washington Post reveals wide anti-terrorism security webOn 19 July, the Washington Post published an extensive investigation by journalists DanaPriest and William M. Arkin on the widespread world of US counter-terrorismintelligence. Among the findings, the report discovered that s ome 1,271 governmentorganizations and 1,931 private companies work on programmes related tocounterterrorism, homeland security and intelligence in some 10,000 locations across theUnited States. According to the investigation, an estimated 854,000 people hold top-secretsecurity clearances.

Canada:Government must choose remedy with procedural fairnessOn 5 July, the Federal Court ruled that a decision by the government not to request therepatriation of Guantnamo detainee Omar Khadr, but instead to limit their interventionto asking the US authorities not to use evidence obtained through Canadian intelligenceofficers in proceedings against him, had not been taken with procedural fairness. Thesemeasures followed a decision of the Canadian Supreme Court which held that Canadianofficials had been complicit in Khadrs torture and detention in Guantnamo. The Courthad, however, held that it was within the discretion of the government to determine thenature the remedy to be provided. The Federal Court has now held that the executive had

a duty to inform Omar Khadr of the decision taken and to give him the opportunity tomake written submissions before the decision was finally taken. On 22 July, the ChiefJustice of the Federal Court of Appeals granted a stay of the lower courts ruling pending


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Investigation
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appeal of the decision and expressed concern that if the lower courts ruling were upheldthe executives ability to carry out Canadas diplomatic duties would be usurped by

judicial monitoring.

ASIA - PACIFIC

Thailand: Bail granted to opposition leader charged with terrorism; 26 persons chargedOn 30 July, the Appeals Court granted bail to Veera Musikhapong, a United Front forDemocracy against Dictatorship (UDD) leader charged with terrorism offences togetherwith other 26 persons. The criminal court had previously denied bail to him and another10 co-defendants. The Department of Special Investigations announced on 27 July that itwill indict 25 suspects including UDD leaders Veera Musikhapong, Jatuporn Prompan andWeng Tojirakarn; Kampol Kamkong, a key suspect in the Bhumjaithai Party headquarters

bombing; and Surachai Thewarat and Rachata Wongyod on terrorism charges. Two of the

accused were deported on 7 July by Cambodian authorities to Thailand without followingapplicable extradition procedures.

Thailand: State of Emergency extended for three monthsOn 6 July, Prime Minister Abhisit Vejjajiva announced that the state of emergency declaredpreviously on 7 April would remain in force for three additional months. He justifi ed thedecision as necessary for law-enforcement officials to maintain order. During the protestsand the Governments crackdown in May, the Government made allegations that severalterrorists were hiding among the protesters. It was announced that the EmergencyDecree would extend to in 19 provinces.

Pakistan: Anti-terrorism bill increases detention without judicial reviewOn 28 July, the Government introduced an Anti-Terrorism (Amendment) Bill 2010 , whichseeks to insert into the anti-terrorism legislation of 1997 the measures contained in the nowelapsed Anti-Terrorism (Amendment) Ordinance 2009 . The Bill would empower thegovernment to detain suspects for up to 90 days without judicial review, to seize mediasaid to glorify terrorists or terrorist activities, and ban groups formed with new nameslinked to proscribed organisations.

India: Human Rights Watch publishes report on 2008 anti-terrorism law

On 27 July, Human Rights Watch published a report analysing the amendments to theUnlawful Activities Prevention Act (UAPA), enacted after the November 26, 2008 attacks onMumbai that killed 166 people and injured over 300. HRW alleges that the amendmentsmirror previous counterterrorism laws that had been allowed to lapse or were repealed

because of the abuses committed under them.

Singapore: Terrorism suspect detained under administrative detentionOn 7 July, media reported that Singaporean authorities had detained Muhammad Fadil binAbdul Hamid, a member of the Singaporean military, under the Internal Security Act, an

anti-terrorism law allowing for administrative detention without judicial review for up totwo years. The Home Office has reportedly stated that Hamid has been detained for


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FC Ruling CJ FCA Order

Press Article 1 Press Article 2 Press Article 3 Press Article 4

Press Article 1 Press Article 2 Press Article 3

AT Ordinance 2009 NGO Statement Press Article

NGO Report NGO Statement

ICJ Statement
http://www.icj.org/http://cas-ncr-nter03.cas-satj.gc.ca/rss/Khadr-decision.pdfhttp://decisions.fca-caf.gc.ca/en/2010/2010fca199/2010fca199.pdfhttp://www.bangkokpost.com/breakingnews/188660/veera-released-on-bailhttp://www.bangkokpost.com/breakingnews/188460/terror-case-submitted-to-prosecutorshttp://www.phnompenhpost.com/index.php/2010070740324/National-news/bombing-suspects-make-frame-claim.htmlhttp://www.bangkokpost.com/breakingnews/184626/bail-for-11-udd-leaders-denied-againhttp://www.bbc.co.uk/news/10518197http://english.aljazeera.net/news/asia-pacific/2010/07/20107672542430594.htmlhttp://english.aljazeera.net/news/asia-pacific/2010/07/2010720162949305525.htmlhttp://www.na.gov.pk/ordinances/ord2010/anti_terrorism_amendment_ord2009_250110.pdfhttp://hrcpblog.wordpress.com/2010/07/28/changes-in-anti-terror-law-must-not-undermine-rights-hrcp/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+wordpress%2FHRCPblog+%28HRCP+Blog%29http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/04-anti-terror-bill-senate-qs-04?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dawn%2Fnews%2Fpakistan+%28DAWN.COM+-+Pakistan+News%29http://www.hrw.org/en/reports/2010/07/28/back-future-0http://www.hrw.org/en/news/2010/07/27/india-don-t-repeat-misuse-counterterrorism-lawshttp://www.icj.org/default.asp?nodeID=349&sessID=&langage=1&myPage=Legal_Documentation&id=23038%20http://www.icj.org/default.asp?nodeID=349&sessID=&langage=1&myPage=Legal_Documentation&id=23038%20http://www.hrw.org/en/news/2010/07/27/india-don-t-repeat-misuse-counterterrorism-lawshttp://www.hrw.org/en/reports/2010/07/28/back-future-0http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/04-anti-terror-bill-senate-qs-04?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dawn%2Fnews%2Fpakistan+%28DAWN.COM+-+Pakistan+News%29http://hrcpblog.wordpress.com/2010/07/28/changes-in-anti-terror-law-must-not-undermine-rights-hrcp/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+wordpress%2FHRCPblog+%28HRCP+Blog%29http://www.na.gov.pk/ordinances/ord2010/anti_terrorism_amendment_ord2009_250110.pdfhttp://english.aljazeera.net/news/asia-pacific/2010/07/2010720162949305525.htmlhttp://english.aljazeera.net/news/asia-pacific/2010/07/20107672542430594.htmlhttp://www.bbc.co.uk/news/10518197http://www.bangkokpost.com/breakingnews/184626/bail-for-11-udd-leaders-denied-againhttp://www.phnompenhpost.com/index.php/2010070740324/National-news/bombing-suspects-make-frame-claim.htmlhttp://www.bangkokpost.com/breakingnews/188460/terror-case-submitted-to-prosecutorshttp://www.bangkokpost.com/breakingnews/188660/veera-released-on-bailhttp://decisions.fca-caf.gc.ca/en/2010/2010fca199/2010fca199.pdfhttp://cas-ncr-nter03.cas-satj.gc.ca/rss/Khadr-decision.pdfhttp://www.icj.org/


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having allegedly contacted a radical US-born cleric living in Yemen, and expressed desireto fight the jihad.

Australia: Haneef sues former Immigration MinisterOn 1 July, media reports reported that Mohamed Haneef had sued former Immigration

Minister Kevin Andrews, for defamation and loss of earnings. Dr Haneef was arrested inJuly 2007 while working at the Gold Coast Hospital because intelligence linked him to afailed terrorist attack in UK that year. He was held for 12 days before he was charged withrecklessly giving support to a terrorist organisation. When a judge ordered his release, theMinister cancelled Haneefs visa and ordered his detention pending deportation. Theterrorism charges were later dropped for lack of evidence. Dr Haneef is asking the formerMinister to pay the difference between what he is earning as a doctor in the Middle Eastand what he might have made in Australia.

EUROPE & COMMONWEALTH OF INDEPENDENT STATES

UK: Prime Minister announces inquiry into UK complicity in tortureOn 6 July, Prime Minister David Cameron announced the establishment of aGovernmental inquiry led by Justice Sir Peter Gibson, presently the Commissioner forIntelligence Services, to examine whether, and to what extent, the UK Government and itsintelligence agencies were involved in improper treatment of detainees held by othercountries in counter-terrorism operations overseas, or were aware of improper treatmentof detainees in operations in which the UK was involved. The inquiry will have to producea report within one year.

UK: Home Secretary announces review of counter-terrorism lawsOn 8 July, Home Secretary Teresa May announced that all counter-terrorism legislationwould be subject to review. She appointed Lord Macdonald of River Glaven asindependent reviewer. The review will in particular examine the use of control orders forterror suspects; the use of stop and search powers; the use of counter-terror laws againstphotographers; the use of the surveillance powers by local authorities and access tocommunications data; the extension of the use of deportations with assurances; measuresagainst organisations that promote hatred or violence, and detention of terror suspects

before charge.

UK: High Court rules on transfer of prisoners to Afghan authoritiesOn 25 June, the Queens Bench Division of the High Court of Justice ruled that, in order torespect the international legal obligation and the UK Government policy not to transferprisoners where there is risk of ill-treatment, UK armed forces in Afghanistan should nottransfer detainees to Afghan authorities for detention in Kabul prison. The Court allowedtransfers to the prisons of Kandahar and Lashkar Gah, provided that the British army wasallowed to visit the prisoners. The case concerned the UK policy and practice in relation tothe transfer to Afghan authorities of suspected insurgents and those suspected of terrorismoffences.

UK: Supreme Court says control order subject must remain anonymousOn 23 June, the Supreme Court ruled that AP, a terrorist suspect subject to a control order,was to be granted anonymity in the judgments and in the press. The Court held that if his


8

Law (ISA) Press Article

Press Article 1 Press Article 2

PM Statement PM Letter NGO Statement Press Article

Home Secretary Statement NGO Report Press Article 1 Press Article 2

Ruling
http://www.icj.org/http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?&actno=Reved-143&date=latest&method=parthttp://www.irrawaddy.org/article.php?art_id=18892http://www.theaustralian.com.au/news/nation/mohamed-haneef-launches-defamation-action-against-former-immigration-minister-kevin-andrews/story-e6frg6nf-1225886781893http://www.theaustralian.com.au/news/nation/haneef-sues-former-immigration-minister-for-loss-of-earnings/story-e6frg6nf-1225886884896http://www.number10.gov.uk/news/statements-and-articles/2010/07/statement-on-detainees-52943http://download.cabinetoffice.gov.uk/intelligence/pm-letter-gibson.pdfhttp://www.amnesty.org/en/news-and-updates/uk-torture-inquiry-must-be-independent-and-thorough-2010-07-07http://www.bbc.co.uk/news/10521326http://www.homeoffice.gov.uk/media-centre/news/changes-use-stop-searchhttp://www.hrw.org/node/91418http://news.bbc.co.uk/democracylive/hi/house_of_commons/newsid_8815000/8815378.stmhttp://www.bbc.co.uk/news/10619419http://www.bailii.org/ew/cases/EWHC/Admin/2010/1445.htmlhttp://www.bailii.org/ew/cases/EWHC/Admin/2010/1445.htmlhttp://www.bbc.co.uk/news/10619419http://news.bbc.co.uk/democracylive/hi/house_of_commons/newsid_8815000/8815378.stmhttp://www.hrw.org/node/91418http://www.homeoffice.gov.uk/media-centre/news/changes-use-stop-searchhttp://www.bbc.co.uk/news/10521326http://www.amnesty.org/en/news-and-updates/uk-torture-inquiry-must-be-independent-and-thorough-2010-07-07http://download.cabinetoffice.gov.uk/intelligence/pm-letter-gibson.pdfhttp://www.number10.gov.uk/news/statements-and-articles/2010/07/statement-on-detainees-52943http://www.theaustralian.com.au/news/nation/haneef-sues-former-immigration-minister-for-loss-of-earnings/story-e6frg6nf-1225886884896http://www.theaustralian.com.au/news/nation/mohamed-haneef-launches-defamation-action-against-former-immigration-minister-kevin-andrews/story-e6frg6nf-1225886781893http://www.irrawaddy.org/article.php?art_id=18892http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?&actno=Reved-143&date=latest&method=parthttp://www.icj.org/


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identity were discovered he would be at risk of racist, extremist abuse and physicalviolence. APs control order was revoked on 20 July 2009 and AP has instead been movedto immigration detention pending deportation for security reasons.

UK:European Court of Human Rights admits case on terrorism extradition to USA

On 6 July, the European Court of Human Rights ruled admissible the cases of BabarAhmad, Haroon Rashid Aswat, Syed Tahla Ahsan and Mustafa Kamal Mustafa (AbuHamza), who are challenging their extradition to the USA to answer terrorism charges.The Court will examine whether their possible detention in ADX Florence and thepossibility of being sentenced for life might amount to ill-treatment. The Court acceptedthe UK reliance on US diplomatic assurances that the applicants will not be tried inmilitary commissions as enemy combatants. It also ruled out the possibility that theycould be subject to extraordinary renditions and it accepted the reliability of US assurancesnot to apply the death penalty. Finally, the Court reiterated its confi dence that the US legalsystem is fair and better suited to assess the issue of evidence obtained by torture or otherproscribed ill-treatment.

UK: Disclosed documents reveal more UK complicity in torture and UK renditionpracticesDocuments released in the civil case against the Government brought by formerGuantnamo detainees Bisher al-Rawi, Jamil el Banna, Richard Belmar, Omar Deghayes,Binyam Mohamed and Martin Mubanga show some of the extent of UK complicity intorture in counter-terrorism. The documents, reportedly, demonstrate that the ForeignOffice regarded transfers to Guantnamo as its preferred option, and that, underdirection of Prime Minister Blair, they refused to grant consular services to UK citizensdetained there. Meanwhile, an investigation of the newspaper The Independent showed thatUK officers were not only complicit in the CIA rendition programme, but that the

intelligence service MI5 was directly involved in the rendition of a Moroccan national,illegally taken from a Belgian prison to London.

UK: Government published guidelines to avoid complicity in tortureThe UK Government issued the Consolidated Guidance to Intelligence Offi cers and ServicePersonnel on the Detention and Interviewing of Detainees Overseas, and on the Passing andReceipt of Intelligence Relating to Detainees . The Guidelines aim at regulating the conduct ofofficers of the UKs intelligence and security agencies, members of the UK s Armed Forces andemployees, of the Ministry of Defence in order to avoid commission of or complicity in

torture or cruel, inhuman or degrading treatment.

France: Constitutional Council finds prolonged police custody for terrorist suspectsconstitutionalOn 30 July, the Constitutional Council ruled constitutional the special garde--vue forterrorist suspects with its restrictions on the contact with lawyers and its renewal byprosecutors. On the other hand, it found that similar restrictions, particularly regardingthe contact of detainees with their lawyers, applied to suspects of other criminal offences,were in breach of the constitutional right to liberty and the principle of the rule of law. TheCouncil gave the authorities until 1 July 2011 to modify the present regime of ordinary

garde--vue.


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Ruling


Documents (Complicity) The Independent Article Press Article 1 Press Article 2

Guidelines Note on Additional Information

Judgment (F) Press Article (F)
http://www.icj.org/http://www.bailii.org/uk/cases/UKSC/2010/26.htmlhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871046&portal=hbkm&source=externalbydocnumber&tablhttp://www.independent.co.uk/news/uk/crime/european-court-halts-terror-extraditions-to-us-2022123.htmlhttp://www.reprieve.org.uk/2010_07_14_al_rawi_court_revelationshttp://www.independent.co.uk/news/uk/home-news/uncovered-britains-secret-rendition-programme-2033450.htmlhttp://www.bbc.co.uk/news/10622493http://www.guardian.co.uk/law/2010/jul/14/torture-classified-documents-disclosedhttp://download.cabinetoffice.gov.uk/intelligence/consolidated-guidance-iosp.pdfhttp://download.cabinetoffice.gov.uk/intelligence/additional-information-fcohods.pdfhttp://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank/download/cc-201014qpc.pdfhttp://www.lemonde.fr/politique/article/2010/07/30/le-conseil-constitutionnel-juge-inconstitutionnelles-les-gardes-a-vue-de-droit-commun_1394146_823448.html#xtor=EPR-32280229-%5BNL_Titresdujour%5D-20100730-%5Bzonea%5D&ens_id=1389987http://www.lemonde.fr/politique/article/2010/07/30/le-conseil-constitutionnel-juge-inconstitutionnelles-les-gardes-a-vue-de-droit-commun_1394146_823448.html#xtor=EPR-32280229-%5BNL_Titresdujour%5D-20100730-%5Bzonea%5D&ens_id=1389987http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank/download/cc-201014qpc.pdfhttp://download.cabinetoffice.gov.uk/intelligence/additional-information-fcohods.pdfhttp://download.cabinetoffice.gov.uk/intelligence/consolidated-guidance-iosp.pdfhttp://www.guardian.co.uk/law/2010/jul/14/torture-classified-documents-disclosedhttp://www.bbc.co.uk/news/10622493http://www.independent.co.uk/news/uk/home-news/uncovered-britains-secret-rendition-programme-2033450.htmlhttp://www.reprieve.org.uk/2010_07_14_al_rawi_court_revelationshttp://www.independent.co.uk/news/uk/crime/european-court-halts-terror-extraditions-to-us-2022123.htmlhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871046&portal=hbkm&source=externalbydocnumber&tablhttp://www.bailii.org/uk/cases/UKSC/2010/26.htmlhttp://www.icj.org/


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Netherlands: Expulsion to Libya violates non-refoulement, says European CourtOn 20 July, the European Court of Human Rights held that the expulsion of A to Libyawould expose him to the real risk of ill-treatment due to his identifi cation as a sympathiserof the National Front for the Salvation of Libya an opposition group in exile. On thesame day the Court struck the case of Mohammed Ramzy off its list, as he had madehimself unavailable since 15 July 2005. He had petitioned the Court opposing his

expulsion to Algeria for fear of torture and other ill-treatment. His case had led to a fi ercedebate about the absolute nature of the principle of non-refoulement, addressed by the courtsubsequently in Saadi v. Italy.

Slovakia: Former Guantnamo detainees on hunger-strike over detention conditionsOn 24 June, Branislav Tich , the director of Amnesty International Slovensko, reportedthat three former detainees from Guantnamo Bay who were transferred to Slovakia on 25

January had gone on a hunger strike. They protest against detention conditions inMedveov in the Trnava Region. They are held there pending a decision on their legalstatus in Slovakia. Reportedly, they have not been allowed contact with anyone except forpersonnel in the facility and their lawyer, and they are allowed to leave their rooms foronly one hour per day.

Turkey: Parliament ends prosecution of children for engaging in demonstrations underanti-terrorism lawsOn 23 July, the Parliament adopted legislation ending the prosecution of children underanti-terrorism laws solely for taking part in demonstrations. The consequence of theamendments to the antiterrorism legislation mean that children previously convictedunder anti-terrorism legislation will have their convictions quashed. The power toprosecute children above 15 years in adult Special Heavy Penal Courts has also beenabolished.

Turkey: Terrorism law violates freedom of expression, holds European CourtOn 6 July, the European Court of Human Rights held that Turkey had violated the right tofreedom of expression of Aylin Gzel, owner and director of the magazine Maya, and Azizzer, editor and director of the magazine Yeni Dnya Iin agri. The Court found that thedecision by courts to fine and to suspend the newspapers publication for periods of oneand two weeks, on the assumption that they constitute propaganda in favour of a group ofleftist organisations, was not necessary in a democratic society. Meanwhile, on 29 July,media reported that smail Beiki, the author of a controversial article, and the editor-in-chief of the journal Law and Society in Our Time, Zeytan Balc, could face between 2.5 and

7 years in prison under the same legislation.

Turkey: Committee on Prevention of Torture finds improvement in calans detentionconditionsOn 9 July, the European Committee for the Prevention of Torture and Inhuman orDegrading Treatment or Punishment (CPT) published the report of its visit to Turkey from26 to 27 January 2010. The visit aimed at assessing the new conditions of detention ofAbdullah calan in the Imrali Prison. Until 17 November 2009, he was the sole detainee inthe facility. Since then five prisoners serving aggravated life sentences have also been heldat the prison. The Committee evaluated the overall situation as an improvement of

calans detention conditions.


10

Judgment (A) Ruling (Ramzy) Judgment (Saadi)

Press Article

Law (Turkish) European HR Comm. Statement NGO Statement Press Article

Judgment (F) Press Article (E)

Report
http://www.icj.org/http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871495&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871491&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=2&portal=hbkm&action=html&sessionid=58050808&skin=hudoc-enhttp://spectator.sme.sk/articles/view/39351/10/three_guantanamo_detainees_in_slovakia_reported_to_be_on_a_hunger_strike.htmlhttp://www.tbmm.gov.tr/kanunlar/k6008.htmlhttp://www.coe.int/t/commissioner/News/2010/100708Turkey_en.asphttp://www.amnesty.org/en/news-and-updates/turkey-ends-prosecution-child-demonstrators-under-anti-terror-laws-2010-07-23http://www.nytimes.com/2010/07/30/world/asia/30kurds.html?_r=1&th&emc=thhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=870887&portal=hbkm&source=externalbydocnumber&tablhttp://www.hurriyetdailynews.com/n.php?n=besikci-and-tunc-face-prison-due-to-their-ideas-regarding-the-kurdish-issue-2010-07-29http://www.cpt.coe.int/documents/tur/2010-20-inf-eng.htmhttp://www.cpt.coe.int/documents/tur/2010-20-inf-eng.htmhttp://www.hurriyetdailynews.com/n.php?n=besikci-and-tunc-face-prison-due-to-their-ideas-regarding-the-kurdish-issue-2010-07-29http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=870887&portal=hbkm&source=externalbydocnumber&tablhttp://www.nytimes.com/2010/07/30/world/asia/30kurds.html?_r=1&th&emc=thhttp://www.amnesty.org/en/news-and-updates/turkey-ends-prosecution-child-demonstrators-under-anti-terror-laws-2010-07-23http://www.coe.int/t/commissioner/News/2010/100708Turkey_en.asphttp://www.tbmm.gov.tr/kanunlar/k6008.htmlhttp://spectator.sme.sk/articles/view/39351/10/three_guantanamo_detainees_in_slovakia_reported_to_be_on_a_hunger_strike.htmlhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=2&portal=hbkm&action=html&sessionid=58050808&skin=hudoc-enhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871491&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871495&portal=hbkm&source=externalbydocnumber&tablhttp://www.icj.org/


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Turkey: Deportation to Tunisia of terrorist suspect would violate non-refoulementOn 13 July, the European Court of Human Rights ruled that Turkish authorities may notdeport Saafi Ben Fraj Dbouba to Tunisia where he would be at risk of torture or other ill-treatment for being a member of Ennhada Party, a political party banned in Tunisia. SaafiBen Fraj Dboubas asylum claims in Turkey were rejected based upon suspicion that hewas part of Al-Qaeda. The Court also found that his detention pending deportation was

not in accordance with the law, as clear procedures were lacking, and as the authoritiesfailed to communicate to him the reasons for his detention.

Turkey: Three persons were tortured while held under anti-terrorism investigations,rules European CourtOn 13 July, the European Court found that Gnl Karagz, Haydar Ballikaya and Bekiradirci had been tortured by Turkish authorities during interrogation over allegedterrorism activities. The Court found that Karagz had been subject to beatings andhanging. Gnl Karagz, Haydar Ballikaya, Bekir adirci were taken into police custody

by the Anti-Terrorism Branch of the police in Istanbul on 21 and 22 February 1997 and heldthere until 6 March 1997. The Court also ruled that investigation into the allegation oftorture had been insufficient, and that their right to a remedy had been violated.

Azerbaijan: Journalist cleared by European Court of terrorism conviction, still convictedfor alleged drug offencesOn 6 July, Eynulla Emin oglu Fatullayev, an Azeri journalist, was convicted to two-and-one-half years of imprisonment for drug offences, charges alleged by AmnestyInternational to be fabricated and politically motivated. Previously, on 22 April, theEuropean Court of Human Rights found that the conviction of Fatullayev for defamationviolated his right to freedom of expression guaranteed under article 10 of the EuropeanConvention on Human Rights. Fatullayev was convicted of defamation, threat of

terrorism and incitement to ethnic hostility for having published an article criticisingthe purported pro-United States policy of the Azeri Government in relation to Iran. TheCourt also found that the court adjudicating his case was not impartial, and thatstatements by the Prosecutor General qualifying his actions before the trial as constitutinga threat of terrorism violated his right to presumption of innocence.

Russian Federation: European Court rules on enforced disappearances during counter-terrorism operations in ChechnyaOn 15 and 22 July, the European Court of Human Rights ruled on several cases of enforceddisappearances occurring in Chechnya during counter-terrorism operations. The Court

found that Murad Gelayev, Abu Zhanalayev, Sayd-Selim Benuyev and ArturAkhmatkhanov had been abducted by State servicemen during unacknowledged securityoperations and their whereabouts were subsequently unknown, and that they must bepresumed dead. The Court found that the Russian Federation had violated their right tolife and their right to liberty. It also ruled that the investigations into their enforceddisappearance were insufficient, also subjecting their relatives to mental, and sometimesphysical, inhuman or degrading treatment. The Court also found that Gelayev had beensubject to torture.

Russian Federation: Transfer to Uzbekistan would violate prohibition of torture, says

European CourtOn 8 and 29 July, the European Court of Human Rights held that Abdumutallib Karimov,Murod Yuldashev, and Abdulazhon Isakov could not be returned to Uzbekistan because


11

Judgment

Judgment

Eur. HR Comm. Statement NGO Statement 1 NGO Statement 2 ECtHR Judgment

Judgment (Gelayev) Judgment (Benuyev & Others) Judgment (Akhmatkhanov)
http://www.icj.org/http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871171&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649http://cmiskp.echr.coe.int/tkp197/view.asp?item=4&portal=hbkm&action=html&sessionid=58044543&skin=hudoc-enhttps://wcd.coe.int/ViewDoc.jsp?Ref=PR524(2010)&Language=lanEnglish&Ver=original&Site=DC&BackColorInternet=F5CA75&BackColorIntranet=F5CA75&BackColorLogged=A9BACEhttp://www.amnesty.org/en/news-and-updates/imprisoned-azerbaijani-journalist-faces-new-jail-term-2010-07-06http://www.amnesty.org/en/news-and-updates/azerbaijan-contests-release-dissenting-journalist-2010-07-23http://www.icj.org/img/CASE_OF_FATULLAYEV_v_AZERBAIJAN.pdfhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871297&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871547&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871545&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871545&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871547&portal=hbkm&source=externalbydocnumber&tablhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871297&portal=hbkm&source=externalbydocnumber&tablhttp://www.icj.org/img/CASE_OF_FATULLAYEV_v_AZERBAIJAN.pdfhttp://www.amnesty.org/en/news-and-updates/azerbaijan-contests-release-dissenting-journalist-2010-07-23http://www.amnesty.org/en/news-and-updates/imprisoned-azerbaijani-journalist-faces-new-jail-term-2010-07-06https://wcd.coe.int/ViewDoc.jsp?Ref=PR524(2010)&Language=lanEnglish&Ver=original&Site=DC&BackColorInternet=F5CA75&BackColorIntranet=F5CA75&BackColorLogged=A9BACEhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=4&portal=hbkm&action=html&sessionid=58044543&skin=hudoc-enhttp://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=871171&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649http://www.icj.org/


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they would be at risk of torture or other ill-treatment once detained there. Karimov, Isakovand Yuldashev were requested by Uzbek authorities on charges of commission of terroristacts, membership of illegal organisation (Hizb-ut-Tahrir), overthrowing the constitutionalorder and organisation of mass disorder, for having been present at the Andijandemonstrations of 2005. The Court also ruled that their detention pending extraditionwithout a court order was in violation of their right to liberty.

Russian Federation: President signs into law new legislation on intelligence servicesOn 29 July, President Dmitry Medvedev signed into law amendments to the AdministrativeCode and the Law on the Federal Security Service (FSB) conferring on the FSB powers of toissue warnings against any activity considered unlawful, regardless of whether suchactivity constitutes an offence under criminal law. After issuance of the warning, if theactivity is nonetheless carried out, the result may be arbitrary restrictions on several rightsof the persons addressed by the warning. The warrants cannot be challenged in court. TheRussian Ombudsman, Vladimir Lukin, considered the law most dangerous and leadingto situations where any person could be detained and subjected to arbitrary orders.

UNITED NATIONS & REGIONAL ORGANISATIONS

UN: Security Council debates procedural fairness in terrorism listsOn 29 June, the UN Security Council held a debate on its role and the respect of the rule oflaw, including in the context of the UN Terrorism Sanctions Regime. Many member stateswelcomed the introduction and appointment of the Ombudswoman under resolution1904(2009). The President of the Security Council issued a Statement announcing that t heCouncil remained committed to ensure that fair and clear procedures exist for placingindividuals and entities on sanctions lists and for removing them, as well as for granting

humanitarian exemptions.

UN: Sanctions Committee issues new Guidelines for terrorism listsOn 22 July, the Al Qaeda and Talibans Sanctions Committee, established by SecurityCouncil resolution 1267(1999), amended its Working Guidelines in order to insertprocedures reflecting the appointment of an Ombudsperson for delisting proceedings. TheGuidelines contain an annex describing in detail the procedure to be followed byindividuals before the Ombudsperson.

UN:New Ombudswoman says she will provide procedural fairness in delistingOn 15 July, Kimberly Prost, the Ombudsperson for the UN Terrorism SanctionsCommittee, said in a press conference that she would provide individuals, organisationsand entities affected by the sanctions regime of the UN Al Qaeda and Talibans SanctionsList with an avenue for recourse to fundamental fairness in the delisting process and forthe overall efficiency, effectiveness and enforceability of the sanctions regime, underSecurity Council resolution 1904 (2009).

EU: Unlawful insertion in EU terrorism lists cannot form basis of criminal convictionOn 29 June, the European Court of Justice ruled that the inclusion of the organisation

Devrimci Halk Kurtulus Partisi-Cephesi (DHKP-C) on the EU terrorism list was illegal andthat it cannot therefore form the basis for a criminal conviction linked to an allegedinfringement of the EU terrorism regulation. The action was brought by two persons


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Judgment (Isakov) Judgment (Karimov) Judgment (Yuldashev)

Law (R) President Statement (R) Press Article (E)

SC President Statement Meeting Summary

Guidelines Committee Statement

UN Article
http://www.icj.org/http://cmiskp.echr.coe.int/tkp197/view.asp?item=2&portal=hbkm&action=html&sessionid=58052267&skin=hudoc-enhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=3&portal=hbkm&action=html&sessionid=58052213&skin=hudoc-enhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&sessionid=58052075&skin=hudoc-enhttp://www.garant.ru/hotlaw/federal/269905/http://kremlin.ru/acts/8486http://www.nytimes.com/2010/07/17/world/europe/17russia.html?src=mvhttp://www.unrol.org/files/PRST%20final.pdfhttp://www.un.org/News/Press/docs/2010/sc9965.doc.htmhttp://www.un.org/sc/committees/1267/pdf/1267_rev_guidelines.pdfhttp://www.un.org/News/Press/docs/2010/sc9993.doc.htmhttp://www.un.org/apps/news/story.asp?NewsID=35336http://www.un.org/apps/news/story.asp?NewsID=35336http://www.un.org/News/Press/docs/2010/sc9993.doc.htmhttp://www.un.org/sc/committees/1267/pdf/1267_rev_guidelines.pdfhttp://www.un.org/News/Press/docs/2010/sc9965.doc.htmhttp://www.unrol.org/files/PRST%20final.pdfhttp://www.nytimes.com/2010/07/17/world/europe/17russia.html?src=mvhttp://kremlin.ru/acts/8486http://www.garant.ru/hotlaw/federal/269905/http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&sessionid=58052075&skin=hudoc-enhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=3&portal=hbkm&action=html&sessionid=58052213&skin=hudoc-enhttp://cmiskp.echr.coe.int/tkp197/view.asp?item=2&portal=hbkm&action=html&sessionid=58052267&skin=hudoc-enhttp://www.icj.org/


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accused in Germany of financing an alleged terrorist organisation, namely DHKP-C.

EU: Parliament approved bank data sharing agreement with USAOn 8 July, the European Parliament ratified the second draft of the Society for WorldwideInterbank Financial Telecommunication (SWIFT II) Agreement with the USA, after having

rejected a previous version of the treaty for lack of procedural guarantees. SWIFTmaintains a database recording millions of bank transactions each day. According to theEU Commission, the new proposal will provide greater guarantees for the protection ofthe right to privacy, such as effective rights of administrative and judicial redress, right toaccess, rectification and erasure of data, and approval by a judicial authority for thetransfer of data. The EU will reportedly have the right to terminate the Agreement in theevent of breach of any of the data protection safeguards.

EU: Commission presented report on stock-tacking in counter-terrorismOn 20 July, the European Commission presented a communication tacking stock of all theEU counter-terrorism legislation and measures undertaken since 2001. The document alsooutlines the Commissions projects for new counter-terrorism measures. On 3 June, the EUCounter-terrorism Coordinator had presented its report to the EU Council on the differentmeasures linked with tackling terrorism financing and their evolution.

EU: Data Protection Authorities find implementation of data retention directiveunlawfulOn 14 July, the Article 29 Working Party, a EU organ composed of all European DataProtection Authorities issued a report, finding that the current implementation of the EUdata retention directive is unlawful. The Directive creates a harmonized framework tostore data in order to combat organised crime and terrorism. The report found that several

States provide excessively long time limits for storage and allow for retention of more datathan the directive permits.

Council of Europe: Venice Commission publishes report on counter-terrorism andhuman rightsOn 5 July, the European Commission for Democracy through Law (Venice Commission),an organ of the Council of Europe, published a report on Counter-terrorism and HumanRights. In its conclusions, the Commission pointed out that an effective criminal justicesystem based on respect for human rights and the rule of law is, in the long term, the bestpossible protection for society against terrorism.

African Union: Assembly calls for enhanced cooperation in counter-terrorismOn 27 July, the African Union Assembly adopted decisions at the 15 th AU summit held inKampala on the prevention and combating of terrorism. The decision requests all AfricanStates to work closely together, directly and through the relevant organs of the AU, toimplement enhanced measures for cooperation, mutual legal assistance and coordination

between the security services, in order to boost Africas collective action against terrorism.It also requests the African Commission to carry out all necessary consultations andinitiate appropriate measures to mobilise wide support and effective contribution of theinternational community towards combating terrorism in Africa, including cutting off itsfinancing and ending the payment of ransoms.


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Judgment ECJ Statement

Agreement Parliament Resolution Parliament Statement

EC Communication EU CTC Report

Report Directive WP Statement

Report

AU Statement Press Article
http://www.icj.org/http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-550/09http://curia.europa.eu/jcms/upload/docs/application/pdf/2010-06/cp100064en.pdfhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:195:0005:0014:EN:PDFhttp://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-0279+0+DOC+XML+V0//EN&language=ENhttp://www.europarl.europa.eu/news/expert/infopress_page/019-78055-186-07-28-902-20100707IPR78054-05-07-2010-2010-false/default_en.htmhttp://register.consilium.europa.eu/pdf/en/10/st12/st12653-ad01.en10.pdfhttp://register.consilium.europa.eu/pdf/en/10/st10/st10182.en10.pdfhttp://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2010/wp172_en.pdfhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTMLhttp://ec.europa.eu/justice_home/fsj/privacy/news/docs/pr_14_07_10_en.pdfhttp://www.venice.coe.int/docs/2010/CDL-AD(2010)022-e.pdfhttp://www.africa-union.org/root/ua/Conferences/2010/juillet/Summit_2010_b/media/MORE/PR%20ENG%20DECISIONS%2015TH%20AU%20SUMMIT%2029-07-10%20REV2.dochttp://allafrica.com/stories/201008020005.htmlhttp://allafrica.com/stories/201008020005.htmlhttp://www.africa-union.org/root/ua/Conferences/2010/juillet/Summit_2010_b/media/MORE/PR%20ENG%20DECISIONS%2015TH%20AU%20SUMMIT%2029-07-10%20REV2.dochttp://www.venice.coe.int/docs/2010/CDL-AD(2010)022-e.pdfhttp://ec.europa.eu/justice_home/fsj/privacy/news/docs/pr_14_07_10_en.pdfhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTMLhttp://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2010/wp172_en.pdfhttp://register.consilium.europa.eu/pdf/en/10/st10/st10182.en10.pdfhttp://register.consilium.europa.eu/pdf/en/10/st12/st12653-ad01.en10.pdfhttp://www.europarl.europa.eu/news/expert/infopress_page/019-78055-186-07-28-902-20100707IPR78054-05-07-2010-2010-false/default_en.htmhttp://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-0279+0+DOC+XML+V0//EN&language=ENhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:195:0005:0014:EN:PDFhttp://curia.europa.eu/jcms/upload/docs/application/pdf/2010-06/cp100064en.pdfhttp://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-550/09http://www.icj.org/


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OSCE: Conference declaration opposes association between terrorism and IslamOn 30 June, the OSCE High-Level Conference on Tolerance and Non- Discrimination, heldin Astana (Kazakhstan), issued the Astana Declaration. The Declaration firmly rejects theattempts to associate terrorism and extremism with Islam and Muslims and declares thatinternational developments and political issues cannot justify any forms of intolerance anddiscrimination against Muslims in general. It furthermore calls on full respect of

international human rights standards while undertaking counterterrorism measures.

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Declaration
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Counter Terrorism and Human Rights Icj 2010-07

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