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December 2002
The Law Library of Congress ~ serving the U.S. Congress since 1832 WORLD LAW BULLETIN December 2002 Law Library Site: http://www.loc.gov/law/congress Some highlights of this month’s issue: Legislative Agenda–U.K. Securities Measures for Foreign Investors-China Accounting Industry Reform Proposed–South Korea Tobacco Advertising Banned-The Netherlands 21 Nations in Agreement on Government Priorities Special Supplement: LEGAL RESPONSES TO TERRORISM: TAIWAN– Draft Anti-Terrorism Bill and Other Related Measures Full listing of topics follows The Law Library serves the needs of the U.S. Congress for research in foreign, international, and comparative law. For legal research, please call or fax the Director of Legal Research (tel: (202) 707-9148; fax: (202) 707-1820) The WORLD LAW BULLETIN: a monthly awareness service prepared by the Staff of the Law Library of Congress. Editors: Constance Axinn Johnson and Wendy Zeldin. The Bulletin and information on Law Library services for Congress can be found online: http://www.loc.gov/law/congress. The Global Legal Information Network (GLIN) a primary source of authentic legal information serving congressional research needs, is accessed through the Internet at: http://www.loc.gov/glin. Law Librarian of Congress and Chair, Executive Council, GLIN: Rubens Medina, tel.: 7-5065. Contents by Region Topics This Month Accounting reform AMERICAS Advertising Cuba–New cooperative farming law Artificial insemination –Nuclear weapons treaty signed Bankruptcy Barbie doll ban ASIA Charity foundations China–New internet -
Briefing for House Committee on Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight
Briefing for House Committee on Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight City on the Hill or Prison on the Bay? The Mistakes of Guantanamo and the Decline of America’s Image, Part II May 20, 2008 Testimony of Sabin Willett Good Afternoon, Chairman Delahunt, and members of the subcommittee. Thank you for holding this hearing. I am a lawyer from Boston. At Bingham McCutchen LLP, most of our clients are America’s corporate mainstream: banks, bondholders and businesses. But we also represent Uighur prisoners at Guantanamo. I do this work for a simple reason. When I go to see my clients in the Guantanamo prison, I have to walk beneath my flag. I’m not happy about it being there. I want it back. This subcommittee has already heard about the Uighur dissidents from Communist China who were caught up in the so-called War on Terror. This Spring you read reports from China’s state news agency describing Tibetan monks as “terrorists.” That is the word the Communists have used for the Uighurs too. Ever since 9/11. One of my clients is Huzaifa Parhat. He’s never been charged with anything. He never will be. In fact, he’s been cleared for release for years. Two weeks ago he began his seventh year at Guantanamo. He believes in freedom of worship and denounces state-enforced abortion. He doesn’t care for communism. In China, beliefs like Huzaifa’s are called “intellectual terrorism.” Uighurs are regularly tortured for it. Some are put to death. I can remember when we Americans admired people who stood up for such beliefs in the face of tyranny. -
Brooks Pierce Election Update, March 4, 2020
Brooks Pierce Election Update, March 4, 2020 03.04.2020 North Carolina Voters Cast Primary Ballots Over 2.1 million North Carolina voters cast primary election ballots on March 3 and during the early voting period. Most races have been decided, but a few may require runoffs. In races where no candidate receives 30% of the vote, the second place finisher may call for a runoff. Given that many political observers see North Carolina as a “purple” state, the November elections are expected to be hotly contested. While the official results have not yet been certified and the possibility for recounts or runoffs in some races remains… Here’s what we know: President President Donald Trump (R) won the Republican contest with 94% and Democrat Joe Biden won his party’s primary with 43 % to 24 % for Bernie Sanders, 13% for Michael Bloomberg and 10% for Elizabeth Warren. Governor Democratic Gov. Roy Cooper and Republican Lt. Gov. Dan Forest both won their party’s primary by large margins and will face off in November. Lt. Governor Republican Mark Robinson appears to have won with 33% and there may be a runoff on the Democratic side between Wake County Rep. Yvonne Holley (27%) and Buncombe County Sen. Terry Van Duyn (20%). Attorney General Democratic Attorney General Josh Stein will face Republican winner Jim O’Neill, the Forsyth County District Attorney, who received 47%. Agriculture Republican Commissioner Steve Troxler will face Democratic winner Jenna Wadsworth, a Wake County Soil and Water Supervisor, who received 54%. Auditor BROOKSPIERCE.COM Brooks Pierce Election Update, March 4, 2020 Democratic Auditor Beth Wood will face Republican Tony Street, a Brunswick County businessman, who received 56%. -
Forensic Mental Health Evaluations in the Guantánamo Military Commissions System: an Analysis of All Detainee Cases from Inception to 2018 T ⁎ Neil Krishan Aggarwal
International Journal of Law and Psychiatry 64 (2019) 34–39 Contents lists available at ScienceDirect International Journal of Law and Psychiatry journal homepage: www.elsevier.com/locate/ijlawpsy Forensic mental health evaluations in the Guantánamo military commissions system: An analysis of all detainee cases from inception to 2018 T ⁎ Neil Krishan Aggarwal Clinical Psychiatry, Department of Psychiatry, Columbia University Medical Center, Committee on Global Thought, Columbia University, New York State Psychiatric Institute, United States ABSTRACT Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses the laws governing Guantánamo's military commissions system and mental health evaluations. Notably, the US government initially treated detaineesas“unlawful enemy combatants” who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment, allowing for the use of “enhanced interrogation techniques.” In subsequent legal documents, however, the US government has excluded evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamo's opening to 2018. Only thirty of 779 detainees (~3.85%) have ever had charges referred against them to the military commissions, and only nine detainees (~1.16%) have ever received forensic mental health evaluations pertaining to their case. -
Press Release
PRESS RELEASE March 20, 2006 Commander at Guantanamo Reportedly Unaware of Some Abuse BY CAROL ROSENBERG Knight Ridder Newspapers MIAMI - As commander of prison operations at Guantanamo Bay, Cuba, Army Maj. Gen. Geoffrey Miller would boast that he had a hand in all the operations - from looking over the shoulders of interrogators at work to oversight of sports activities for soldiers guarding terror suspects. Not so, says Time magazine in a report published Monday morning that exonerates the commander from responsibility from one of the crudest cases of abuse at the Pentagon's showcase prison in southeast Cuba. An Army investigation obtained by the magazine found that Miller had no knowledge that interrogators unleashed an array of abuse and humiliation on a Saudi captive considered by some at Military Intelligence to have been a candidate for 20th hijacker in the Sept. 11 attacks. "Miller was unaware a canine had been used to intimidate alleged `20th hijacker' Mohammed al Qahtani, or that al Qahtani was forced to don women's underwear and perform dog tricks - even though Miller was intimately involved in planning the interrogation," Time reports, quoting a report by the Army Inspector General, Lt. Gen. Stanley Green. U.S. officials turned Qahtani away from entering the United States at Orlando International Airport in August 2001, but later captured him in south Asia and sent him to Guantanamo. Another suspected 20th hijacker, Frenchman Zacarias Moussaoui, was already in U.S. custody, but that didn't stop U.S. military interrogators from suspecting the Saudi as well. Qahtani's attorney says he was subjected to such a cruel stream of abusive interrogation that he gave a false confession, which he now recants. -
Unclassified//For Public Release Unclassified//For Public Release
UNCLASSIFIED//FOR PUBLIC RELEASE --SESR-Efll-N0F0RN- Final Dispositions as of January 22, 2010 Guantanamo Review Dispositions Country ISN Name Decision of Origin AF 4 Abdul Haq Wasiq Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 6 Mullah Norullah Noori Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 7 Mullah Mohammed Fazl Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 560 Haji Wali Muhammed Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee's transfer to a detention facility in the United States. AF 579 Khairullah Said Wali Khairkhwa Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 753 Abdul Sahir Referred for prosecution. AF 762 Obaidullah Referred for prosecution. AF 782 Awai Gui Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 832 Mohammad Nabi Omari Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 850 Mohammed Hashim Transfer to a country outside the United States that will implement appropriate security measures. AF 899 Shawali Khan Transfer to • subject to appropriate security measures. -
FOIA) Document Clearinghouse in the World
This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com Received Received Request ID Requester Name Organization Closed Date Final Disposition Request Description Mode Date 17-F-0001 Greenewald, John The Black Vault PAL 10/3/2016 11/4/2016 Granted/Denied in Part I respectfully request a copy of records, electronic or otherwise, of all contracts past and present, that the DOD / OSD / JS has had with the British PR firm Bell Pottinger. Bell Pottinger Private (legally BPP Communications Ltd.; informally Bell Pottinger) is a British multinational public relations and marketing company headquartered in London, United Kingdom. 17-F-0002 Palma, Bethania - PAL 10/3/2016 11/4/2016 Other Reasons - No Records Contracts with Bell Pottinger for information operations and psychological operations. (Date Range for Record Search: From 01/01/2007 To 12/31/2011) 17-F-0003 Greenewald, John The Black Vault Mail 10/3/2016 1/13/2017 Other Reasons - Not a proper FOIA I respectfully request a copy of the Intellipedia category index page for the following category: request for some other reason Nuclear Weapons Glossary 17-F-0004 Jackson, Brian - Mail 10/3/2016 - - I request a copy of any available documents related to Army Intelligence's participation in an FBI counterintelligence source operation beginning in about 1959, per David Wise book, "Cassidy's Run," under the following code names: ZYRKSEEZ SHOCKER I am also interested in obtaining Army Intelligence documents authorizing, as well as policy documents guiding, the use of an Army source in an FBI operation. -
El Viaje De La Muerte”1
Informe de la ONG británica Reprieve que sacó del anonimato muchas historias de presos de Guantánamo y cómo EEUU los compró “El viaje de la muerte”1 Más de 700 prisioneros fueron enviados ilegalmente a Guantánamo con la ayuda de Portugal Reprieve, 28 de enero de 2008 Traducido del inglés para Rebelión por Germán Leyens La organización británica Reprieve muestra de modo concluyente que territorio y espacio aéreo portugueses han sido utilizados para transferir a más de 700 prisioneros para ser torturados y encarcelados ilegalmente en Guantánamo. Mediante la comparación de registros de vuelo obtenidos de las autoridades portuguesas,2información del Departamento de Defensa de EE.UU. mostrando fechas de llegada de prisioneros a Guantánamo, y testimonios no confidenciales de los propios prisioneros, 3 Reprieve puede identificar por primera vez a 728 prisioneros enviados a Guantánamo pasando por la jurisdicción portuguesa. La investigación también muestra que Portugal ha jugado un papel sustancial de apoyo en el programa general de entregas [‘extraordinarias’]. Por lo menos nueve prisioneros transportados pasando por la jurisdicción portuguesa fueron severamente torturados en prisiones secretas en todo el mundo antes de su llegada a Guantánamo.4 Vuelos de entregas de prisioneros a Guantánamo pasando por jurisdicción 1 Definición de Adil Zamil, prisionero transportado en el Vuelo RCH108Y que pasó por jurisdicción portuguesa hacia Guantánamo: “Llamo el viaje a Guantánamo ‘El viaje de la muerte.’ Discretamente estuve deseando que el avión se cayera para terminar con el dolor que sentía.” Fuente: “Kuwaiti Gitmo Detainees Speak Out about Abuse” [Detenidos en Guantánamo hablan del abuso], de Rania El Gamal, Kuwait Times, 1 de diciembre de 2006 2 Registros de vuelo obtenidos por Ana Gomes, miembro del Parlamento Europeo, en 2006 revelan que aviones cruzaron en por lo menos 94 ocasiones el espacio aéreo portugués en camino a, o desde, Guantánamo entre 2002 y 2006. -
Al-Bihani V. Obama (Mem
Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 1 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 2, 2009 Decided January 5, 2010 No. 09-5051 GHALEB NASSAR AL-BIHANI, APPELLANT v. BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-01312-RJL) Shereen J. Charlick argued the cause for appellant. With her on the briefs were Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III. Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Gershengorn, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance. Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 2 2 Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge BROWN. Concurring opinion filed by Circuit Judge BROWN. Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge WILLIAMS. BROWN, Circuit Judge: Ghaleb Nassar Al-Bihani appeals the denial of his petition for a writ of habeas corpus and seeks reversal or remand. He claims his detention is unauthorized by statute and the procedures of his habeas proceeding were constitutionally infirm. We reject these claims and affirm the denial of his petition. I Al-Bihani, a Yemeni citizen, has been held at the U.S. naval base detention facility in Guantanamo Bay, Cuba since 2002. -
Transcript: NC-11 Congressional Debate, Sept
Transcript: NC-11 congressional debate, Sept. 30, Asheville, N.C. NC-11 congressional candidates Madison Cawthorn and Moe Davis debated in Asheville on Sept. 30. This debate, hosted by Carolina Public Press and WLOS and broadcast here and on WMYA My40 and wlos.com, featured Holly Headrick, News 13 weekday anchor, and Carolina Public Press Managing Editor Frank Taylor moderating. Note: The following is the output of transcribing from an audio recording. Although the transcription is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or transcription errors. It is posted as an aid to understanding the proceedings of this event, but should not be treated as an authoritative record. Holly Headrick, News 13 WLOS 0:05 It's one of the most talked about races of the 2020 campaign, who will fill the vacant seat in North Carolina's 11th district House of Representatives. Madison Cawthorn, considered a rising star among Republicans is promising to bring fresh ideas to Washington. (natural sound from tape) Madison Cawthorn, Republican Candidate NC 11 0:20 It's time for term limits. Time to shake up washington dc Holly Headrick, News 13 WLOS 0:23 Democrat Moe Davis is running on experience and his military record. (natural sound from tape) Moe Davis, Democratic candidate NC 11 0:27 We need leadership that puts country over party. Holly Headrick, News 13 WLOS 0:30 It's a race that's gotten national exposure, primarily because the Republican who held the office, Mark Meadows is now President Trump's White House Chief of Staff. -
Anatomy of a Modern Homegrown Terror Cell: Aabid Khan Et Al
Anatomy of a Modern Homegrown Terror Cell: Aabid Khan et al. (Operation Praline) Evan F. Kohlmann NEFA Senior Investigator September 2008 In June 2006, a team of British law enforcement units (led by the West Yorkshire Police) carried out a series of linked arrests in the cities of London, Manchester, Bradford, and Dewsbury in the United Kingdom. The detained suspects in the investigation known as “Operation Praline” included 22-year old British national Aabid Hussain Khan; 21-year old British national Sultan Mohammed; and 16-year old British national Hammaad Munshi. All of the men would later be indicted by the Crown Prosecution Service (CPS) for violations of Section 57 of the U.K. Anti- Terrorism, Crime, and Security Act of 2001. In August 2008, following a jury trial at Blackfriars Crown Court in London, Khan, Mohammed, and Munshi were found guilty of charges that included possessing an article for a purpose connected with the commission, preparation, or instigation of an act of terrorism, and making a record of information likely to be useful in terrorism. Khan and Mohammed were each sentenced, respectively, to 12 and 10-year prison terms. According to Karen Jones, the reviewing lawyer in the case from the U.K. Crown Prosecution Service Counter Terrorism Division, “The evidence showed Khan was a committed and active supporter of Al Qaida ideology. He had extensive amounts of the sort of information that a terrorist would need and use and the international contacts to pass it on… Aabid Khan was very much the ‘Mr. Fix-it’ of the group. -
Al-Bihani V. Obama, 590 F.3D 866 (D.C
NO. IN THE SUPREME COURT OF THE UNITED STATES GHALEB NASSAR AL BIHANI, Petitioner, BARACK H. OBAMA, et al., Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED .... STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SHEREEN J. CHARLICK . ¯ STEVEN F. HUBACHEK ELLIS M. JOHNSTON, III Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, California 92101 Telephone: (619) 234-8467 Counsel for Petitioner TABLE OF CONTENTS QUESTIONS PRESENTED FOR REVIEW ....................................prefix TABLE OF AUTHORITIES .................... ................................... i-ii OPINIONS .BELOW ........................................................... 1 JURISDICTION 2 CONSTITUTIONAL AND STATUTORY PROVISIONS .............................2 STATEMENT OF THE CASE - 2 A. District Court Proceedings ................. .................. ¯ .......2 B. Appellate Proceedings .............................................. 3 ARGUMENT 7 THE COURT SHOULD GRANT THE PETITION AND REAFFIRM THE TEACHING OF HAMDI AND BOUMEDIENE: THE DETENTION POWER GRANTED BY THE AUMF IS COEXTENSIVE WITH, AND LIMITED BY, THE DETENTION POWER RECOGNIZED UNDER THE LAW. OF WAR .................................7 A. Introduction ....’ ..................................... - ............. 7 B. The Court Should Reaffirm Hamdi and Boumediene: the Law of War Informs and Limits the AUMF’s Authorization of Detention AUthority ..................10 C. Section 5 of the 2006 MCA Does Not Preclude Application of Law of War Principles In Analyzing the Detention Authority