[IntLawProfessors] Amicus opportunity
Don Anton
AntonD at law.anu.edu.au
Tue Jan 24 10:14:23 EST 2012
Dear colleagues,
The International Human Rights Clinic at Loyola Law School Los Angeles
is looking for individuals or organizations to sign on to an amicus
curiae brief it prepared for the Inter-American Court of Human Rights.
The case is: Nadège Dorzema et al v. the Dominican Republic (also known
as the case of the Guayubin Massacre) case before the Inter-American
Court of Human Rights. See, the IACHR press release:
http://www.cidh.oas.org/Comunicados/English/2011/11-11eng.htm; the
admissibility report:
http://www.cidh.oas.org/annualrep/2008eng/Dom.Republic1351.05eng.htm;
the application: http://www.cidh.oas.org/demandas/12.688Esp.pdf.
In short, the case involves events that took place along the Dominican
Republic's border with Haiti on June 18, 2000, when members of the
Dominican army opened fire on a vehicle that was transporting a group
of
Haitians trying to enter the Republic. Seven individuals lost their
lives, and several others were wounded. The acts were prosecuted in
military courts, even though family members of those executed had
requested that the case be subject to the jurisdiction of the regular
courts. After several years of proceedings, the military courts
acquitted the soldiers involved. Some of the victims who survived
suffered a violation to their personal liberty and violations to their
right to a fair trial and their right to judicial protection, given
that
they were expelled from the Dominican Republic without having received
due guarantees based on their status as migrants. Finally, the case
falls within a context of structural discrimination against Haitians or
persons of Haitian origin at the hands of Dominican agents.
The amicus curiae brief brings to the attention of the Court three
legal
issues in the case that have been neglected or have received little
attention in the briefs submitted by the parties: the violation by the
Dominican Republic of Article 3 of the American Convention on Human
Rights (“Right to Juridical Personality”); the violation of the Vienna
Convention on Consular Relations; and the violation of Article 22.9 of
the American Convention (“Prohibition of Collective Expulsions”).
If you are interested in signing on, please contact:
Prof. Cesare P.R. Romano
Joseph W. Ford Fellow
Director, International Human Rights Clinic,
Loyola Law School Los Angeles
919 Albany street
90015 Los Angeles, CA
Tel: 213-736.8198
Email: cesare.romano at lls.edu
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