Term
Lopez Burgos v. Uruguay
(HRC) |
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Definition
Husband moved to Argentina to avoid harrassment.
Kidnapped by Uruguayan forces and detained.
Subjected to physical and mental torture.
Uruguay violated covenant obligations when abducted and tortured citizen living in Argentina
Art 7: ill treatment
Art 9: arbitrary arrest
Art 14: denied legal counsel, self incriminate
Art 22: persecution
Release, compensation, permission to leave |
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Term
Agiza v. Sweden
Alzery v. Sweden
(HRC) |
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Definition
Both men sought asylum in Sweden
Post 9/11, US expressed concern.
Swedish government sent them to Egypt after receiving intelligence info
Sweden conceded risk of ill-treatment but still sent men -- relied on faulty diplomatic assurance
Art 7: prohibition of torture and ill treatment
Compensation, avoid future situations
Flaws of diplomatic assurances |
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Term
Immigration and Naturalization Services v. Elias Zacarias
(Sup Crt) |
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Definition
After illegal entry into US, Elias reported fear of guerillas if returned to Guatemala
Asylum application denied
Generalized political motive of guerilla recruitment inadequate to establish well founded fear. |
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Term
Sale v. Haitian Centers Council, Inc
(US Sup Crt) |
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Definition
US agreement with Haiti to intercept vessels w/ aliens and send to Guantanamo.
After coup US impose economic sanctions due to high influx of illegal aliens
No violation of Art 33 does not relate to Coast Guard action on high seas -- text not intended for extraterritorial effect |
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Term
Bankovic v. Belgium
(ECtHR) |
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Definition
FRY filed app concerning NATO bombin on Serbian radio station that killed 16 people
Court declared app inadmissible b/c act falls outside of jurisdiction of responding states
Convention not considered to have application throughout the world |
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Term
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Definition
Father detained, confirmed b/c authorities read his name from list at army unit
Disappearance doesn't equate with imprisonment
State party must investigate in good faith allegations |
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Term
Mojica v. Dominican Republic
(HRC) |
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Definition
Son of labor leader last seen in port
State party does not deny disappearance.
Due weight given to allegations b/c State was not denied them
Art 9, Art 7, Art 6
State must thoroughly investigate disappearance/compensate |
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Term
Hamdan v. Rumsfeld
(US Sup Crt) |
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Definition
Hamdan set for trial by military commission.
Claimed commission violated Geneva Convention and UCMJ
Hamdan cannot bring Geneva Convention claims -- only states can do this.
UCMJ not self executing -- can say that violations of UCMJ gives effect to the Geneva Convention |
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Term
Refah Partisi v. Turkey
(ECtHR) |
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Definition
Refah wanted to allow many legal systems but Turkey attempting to preserve their constitutional system.
Court said would not micromanage decision of gov judges -- they are the ones that know the Refah issues
Court wanted to give Turkey wide margin of appreciation since they are on fence |
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Term
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Definition
Indv trying to run for political office but harrased and dismissed from employment
Comm concluded restriction of author right amount to unreasonable restriction to take part in public affairs
Violate Art 19 |
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Term
Kramer v. Union Free School Dist No 15
(Sup Crt) |
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Definition
Single man w/ no kids challenged law preventing his vote on school board b/c did not own taxable property or have children
Law no necessary to promote compelling state interest violates EPC -- cannot restrict right to vote |
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Term
Reynold v. Sims
(U.S. Sup Crt) |
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Definition
Votes from AL challenged apportionment of AL legislature -- claimed disenfranchisement of black vote
Crt struck down state senate inequality claiming "one person, one vote" -- state legislature must be roughly equal in population |
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Term
| Mathieu-Mohin & Clerfayt v. Belgium |
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Definition
Petitioner argued system denied French speaking resident living in Flemish region the full rights to vote on matter concerning both regions
Crt said no violation of Art 3, Protocol 1
Belgium is afforded MOA b/c system has built in safe guards for protection of minorities.
Not a disproportionate limitation of free expression of the opinion of people
Free election does not guarantee equal weight |
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Term
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Definition
Prof denied gas executions during Holocaust.
Violated Gayssot Act which made it offense to contest existence of crime against humanity by Natzis
Cmte concluded restriction of freedom of expression was permissible
Art. 19
Conviction did not encroach his right to hold and express an opinion but he did violate rights and reputation of others -- raised anti semitic feelings |
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Term
RAV v. City of St. Paul
(Sup Crt.) |
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Definition
Crudely made cross and burned on black family yard
St. Paul ordinance unconstitutional b/c 1 amendment does not permit impose speech prohibitions |
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Term
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Definition
Newspaper published article describing racists attitude of Greenjackets
Public prosecutor instituted criminal charges against youths
Reasons for conviction not sufficient to est interference w/ right to freedom of expression.
Means disproportionate to the aim of protectin the reputation of others.
Violate Art 10 |
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Term
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Definition
Appellant convicted under Ohio Crimina Syndicalism for speech during KKK rally
Ohio law unconstitutional b/c criminalized just advocacy w/o looking to tendency of forcible action
Question of proximity & degree |
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Term
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Definition
Deals with Smith Act during red scare time.
Petitioner charged with organize commi party and advocating gov overthrow
Court found w/in power of Congress to stop gov overthrow
No violation of free speech
Clear and present danger test
Learned hand: does gravity and improbability justify invasion of speech? |
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Term
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Definition
Newspaper owner published letters that criticized Turk gov
Penalty imposed on applicant reasonable regarded as answering pressing social need
Reason for conviction are relevant and sufficient
No violation of Art 10 |
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Term
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Definition
X trying to get pension of deceased same sex partner Y but was rejected
Violation of Art 26 -- application reconsidered |
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Term
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Definition
17 yr old sanctioned to prison for sex with 14 yr old. Harshed punishment than under Romeo and Juliet exception applied to heterosexual relationships
Harsher punishment for homo underage sex violated EPC |
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Term
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Definition
Police officers walked in on two men intercourse in violation of Texas statute
Men were arrested and convicted for deviant behavior
Violation of XIV amend -- rights taken away w/o due process
Statue furthers no legitimate state interest which is the only way to justify intrusion into personal life |
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Term
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Definition
Toonen challenged provisions in Tasmanian Criminal Code criminalizing forms of sex contact between males
Australia must give effect to rights guaranteed by covenant -- criminal provisions repealed |
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Term
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Definition
17 year old premeditated murder of girl subjected to death penalty.
unconstitutional to impose death penalty on minor
look to evolving standard of decency
opinion of world community |
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Term
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Definition
post conviction challenge arguing state violated rights under Vienna Convention -- right to contact consulate
Petition dismissed b/c treaty is not binding upon state courts until enacted by Congress -- not self-executing.
President cannot order enforcement in state crt of ICJ ruling -- gives law making power not allocated to him by Congress |
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Term
| Asakura v. City of Seattle |
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Definition
Asakura, Jap citizen, brought suit to retain Seattle from enforcing ordinance forcing pawnbrokers to obtain license.
Claimed violation of treaty btw US and Japan
Ordinance violates treat btw US and Japan -- treaty is self executing
Under supremacy clause it trumps state law |
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Term
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Definition
building of gas and oil pipe line in Burma. Displaced indigenous people and forced labor to keep project costs down.
Brought claim under ATA
Court agreed theres prima facia showing for jurisdiction b/c forced labor is form of slavery |
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Term
US v. Krauch
IG Farben Case |
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Definition
D corp charged one two counts:
(1) supplying insecticide to concentration camp used as poisonous gas (2) supplying injections to conduct experiments on inmates
Corp not guilty of supplying insecticide -- did not have knowledge
Corp not guilty for typhus injections b/c did not know being used for experimentation
23 employees charged w/ slave labor |
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Term
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Definition
After several attemts to solicit police to keep abusive husband away. He violated injunction, was releaved of charges. He shot her in front of her children
State has positive obligation to protect citizens and ensure that the system responds
Victim continually refused to testify against husband |
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Term
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Definition
victim futile sought to separate from abusive husband for 4 years. impossible to obtain restraining order in Turkey
State party has obligation to prevent, protect women from violence
Violation of Art 5
Art 16 --
violation of right to security of person |
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Term
Maria da Penha Maia Fernandez v. Brazil
(IACtHR) |
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Definition
Husband abused and attempted to murder wife leaving her a paraplegic.
State liable for failing to perform its duties to regulate domestic violence
Violation of Art 7 for failure to carry out its duties |
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Term
Maria Eugenia Morales de Sierra v. Guatemala
(CEDAW) |
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Definition
Petition challenging gender based distinction in marital laws
Court agrees distinction is violation of Art 4
Does not equally protect the family |
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Term
| Democratic Republic of Congo v. Belgium |
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Definition
Minister of foreign affairs of Congo was under arrest by request of Belgian judge
Congo argued he had immunity as foreign minister
Crt ruled he was immune b/c head of state immunity applies to next tier heads of states as well
Ways criminal prosecute? |
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Term
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Definition
15 people were killed at party b/c death squad of Peruvian Armed Forces mistook them for Senderos Luminoso members
Congress has passed law granting general amnesty to all members of security forces
Gov violated Art 8 & 25 when it granted itself amnesty w/o relinquishing power |
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Term
| Azanian Peoples Org v. President of Republic of South Africa |
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Definition
Applicants wanted direct access to constitutional crt to declare section granting amnesty unconstitutional
Crt upheld constitutionality
w/o amnesty there would be no incentive for offenders to disclose truth about atrocities |
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