By Maria E. Molina
Impunity Watch Reporter, North America

WASHINGTON, U.S. – A federal judge on Thursday ordered the release of five Algerian detainees held at Guantanamo Bay.  The cases largely hinged on the definition of an enemy combatant, which was argued to include al-Qaida or Taliban supporters who directly assisted in hostile acts against the U.S. or its allies.

The government’s evidence linking the five detainees to al-Qaida was found to be not credible as it came from a single, unidentified source. Therefore, the five detainees could not be held indefinitely as enemy combatants, and should be released immediately.

There was a sixth detainee that was not released because there was sufficient reason to believe he was close to an al-Qaida operative and had sought to help others travel to Afghanistan to join the terrorists’ fight against the United States and its allies.  Much of the evidence against the detainees is classified and was not discussed in open trial or the detainees themselves.

The Justice Department claimed the six men were caught and detained before they could join a global jihad.

One of the men to be released is Lakhdar Boumediene, whose landmark Supreme Court case last summer gave Guantanamo detainees the right to challenge their imprisonment. The government initially detained the five men on suspicion of plotting to bomb the U.S. Embassy in Sarajevo in October 2001. They were transferred to Guantanamo in January 2002.

The Bosnian government already has agreed to take back the detainees, all of whom immigrated to Bosnia from Algeria before they were captured in 2001.

The cases of more than 200 additional Guantanamo detainees are still pending.

For more information, please see:

Washington Post – Another Falsehood Exposed -21 November 2008

Yahoo News – Judge orders release of 5 terror suspects at Gitmo – 21 November 2008

NY Times – Judge Declares Five Detainees Held Illegally – 20 November 2008

Impunity Watch Reporter, North America

MANAGUA, Nicaragua – The protests sparked by the 146 mayoral elections on November 9 continue to rage across Nicaragua. The opposition is taking to the streets and demanding a full recount to be overseen by impartial international and local observers. Supporters of the Sandinista government have responded by patrolling the capital of Managua with clubs and rocks to deter the opposition from mobilizing.

“This election has everything to do with whether Nicaragua remains a democratic nation or not,” said Francisco Aguirre, a former Nicaraguan ambassador to the United States and an opposition leader. “Until now, since 1990, Nicaragua has held open elections. Now something is rotten in the state of Nicaragua. They say we don’t want the gringos to sort it out for us. Okay. The Europeans then. Or Latin American observers. But they didn’t want anyone looking into this mess, because it stinks.”

The Sandinistas say the opposition is making a stink because its candidates were spanked at the polls. Bayardo Arce, a former top Sandinista commander said the elections were clean and the opposition “is just making a lot of noise…If the Sandinistas become successful entrepreneurs, it is because we are thieves. If we win an election, it is because of fraud. But we reject that.”

Preliminary results show the Sandinistas winning 106 of 146 municipalities.

For more information, please see:

The Guardian – Violence After Nicaragua Poll – 20 November 2008

Los Angeles Times – Voter Fraud Allegations Directed at Nicaragua’s Sandinistas – 20 November 2008

Washington Post – Democracy in Nicaragua in Peril, Ortega Critics Say – 20 November 2008

By Maria E. Molina
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – A senior Mexican police official who worked as Mexico’s Interpol liaison was arrested Tuesday in relation to an investigation involving information leaks from top law enforcement authorities to the nation’s drug cartels. Ricardo Gutiérrez Vargas was director for International Police Affairs and Interpol at the Federal Investigative Agency.  Vargas was one of the highest-ranking law enforcement officials in Mexico. However, Vargas was placed under house arrest pending the outcome of the investigation.

The authorities say that Vargas allegedly leaked information to the Beltran Leyva brothers, leaders of a powerful drug cartel, in exchange for large sums of money.

Interpol combats terrorism, money laundering and drug trafficking. Vargas could have had access to reams of sensitive intelligence gathered by Mexican and international law enforcement.  Interpol is dispatching a team of General Secretariats to Mexico. The purpose of their mission is to meet with relevant Mexican authorities in order to establish allegations of improper use of Interpol’s systems by any Mexican law enforcement official.

In the last year, about 4,000 people have died in the drug wars. Mexican President Felipe Calderón has made confronting the cartels a centerpiece of his administration.

The cartel’s penetration Interpol is an indication of the level of corruption within the Mexican law enforcement. The United States recently committed $400 million to aid in that battle, but many U.S. law enforcement officials remain wary of their Mexican counterparts, fearing that shared information flows quickly to cartel leaders.

For more information, please see:

Interpol – Interpol headquarters to deploy team to ensure compliance with INTERPOL rules and regulations by Mexican law enforcement officials – 19 November 2008

Latin American Herald Tribune – Interpol Mexico Chief Arrested in “Operation Clean-Up” – 19 November 2008

Washington Post – Mexico’s Police Liaison for Interpol Is Arrested in Drug Probe – 19 November 2008