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Lipietz et al.: Société Nationale des Chemis de Fer Francais v. Georges Lipietz and A
Judgment, 27 Mar 2007, Administrative Court of Appeal of Bordeaux, France
Georges Lipietz and his half-brother were arrested in southern France in 1944 on account of their Jewish descent. They were deported to an internment camp at Drancy via Toulouse and Paris.
Although the internment camp was liberated in August 1944 and the Lipietz brothers were freed, they sued the French state and the French National Railway Company (SNCF) for complicity in their deportation, as they had been transported by French rail and detained at the authority of the Home Secretary. Having initially won their case before the Administrative Court of Toulouse and having been awarded 61 000 Euros in damages, the decision was reversed on appeal by the Administrative Court of Appeal of Bordeaux. In the present decision, the Court held that the SNCF were acting under the command of the German authorities and could not therefore be held responsible.
Seifert: Canada v. Michael Seifert
Decision – Finding of Facts , 13 Nov 2007, Federal Court, Canada
Between December 1944 and April 1945 Michael Seifert (also known as Misha), a Ukranian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. He moved to Canada in 1951, obtaining Canadian citizenship by claiming he was born in Estonia and withholding the fact that he had been a Nazi SS prison guard.
On 24 November 2000, the Italian military tribunal of Verona convicted Michael Seifert in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. The Italian government started a procedure to have him extradited to Italy and the Canadian authorities started a procedure to have him stripped of his Canadian Citizenship and extradite him. Seifert acknowledged that he was at the Bolzano camp, but denied being involved in atrocities. The Federal Court of Canada ruled that the government was within its rights to revoke Michael Seifert's citizenship as he had lied to obtain it. The Court held that Seifert obtained entry to Canada and Canadian Citizenship by misrepresentation of his activities in World War II and non-disclosure of material facts. During the 1950’s, Canada had an immigration policy that barred former members of the SS and related units such as the SD (the German intelligence agency to the SS) from gaining entry to Canada and obtaining citizenship. Therefore the Court ruled that had he told the truth, Seifert would not have been allowed into Canada.
Lipietz et al.: Mme L and Others
Judgment, 21 Dec 2007, Conseil d’Etat, France
Georges Lipietz and his half-brother were arrested in southern France in 1944 on account of their Jewish descent. They were deported to an internment camp at Drancy via Toulouse and Paris.
Although the internment camp was liberated in August 1944 and the Lipietz brothers were freed, they sued the French state and the French National Railway Company (SNCF) for complicity in their deportation, as they had been transported by French rail and detained at the authority of the Home Secretary. Having initially won their case before the Administrative Court of Toulouse and having been awarded 61 000 Euros in damages, the decision was reversed on appeal by the Administrative Court of Appeal of Bordeaux.
On appeal to the Conseil d’Etat, the highest administrative court in France, the Court upheld the reasoning of the Administrative Court of Appeal. It considered that it was not competent to hear the appeal because the SNCF at the relevant time in question was a private company under the command of the German authorities and not exercising its own public authority. It is for the judicial order, and not the administrative one, to decide on the matter.
Bancoult v. McNamara: Olivier Bancoult et al. v. Robert S. McNamara et al.
Memorandum Opinion, 21 Dec 2004, United States District Court for the District of Columbia, United States
The Chagos Archipelagos are a collection of small islands in the middle of the Indian Ocean. Under British administration since 1814, they were home to approximately 1000 inhabitants by the 1960s who lived on and cultivated the land, educated their children and raised their families.
In 1964, the British and the United States governments entered into secret negotiations the outcome of which was the establishment of a military base on Diego Garcia, the Chagos Archipelagos largest islands. In order to do so, from 1965 until 1971, the population of Chagos was forcibly relocated: those who had left on trips abroad were denied re-entry, an embargo was put in place preventing the delivery of crucial food supplies, and the remaining population was forcibly loaded onto ships and relocated to Mauritius and the Seychelles.
The present civil suit is brought by the indigenous peoples of Chagos, their survivors and their descendants against the United States and a number of high-ranking individuals within the US Government whom the plaintiffs consider responsible for their forcible relocation. By its memorandum opinion of 21 December 2004, the United States District Court for the District of Columbia dismissed the plaintiffs’ motion on the ground that the named individual defendants were all federal employees at the time (e.g. former Secretaries of Defense, Admirals) and therefore benefited from immunity from prosecution under US law. Alleged violations of the Alien Tort Claims Act do not fall within the accepted exception to immunity because the Act itself does not create substantive rights and obligations that can be violated.
Boumediene v. Bush: Boumediene, et al. v. Bush et al.
Certiorari to the United States Court of Appeals for the District of Columbia Circuit, 12 Jun 2008, Supreme Court, United States
In October 2001, six men were arrested in Bosnia and Herzegovina for their alleged involvement in the bombing of the US Embassy in Sarajevo (Bosnia and Herzegovina). Later, they were handed over to the US and transferred to the US Naval Base at Guantanamo Bay (Cuba).
In 2004, the men filed a petition for a writ of habeas corpus (a legal action in which the petitioners challenge the legality of their detention). In 2005, the US District Court ruled that Guantanamo detainees do not have habeas corpus rights. The detainees appealed the decision. In the aftermath of the adoption of the Military Commissions Act in 2006, the US government requested the dismissal of the case, arguing that the federal court no longer had jurisdiction to hear the case.
The Court of Appeals found that the Military Commissions Act indeed removed the jurisdiction of federal courts to hear habeas corpus petitions from Guantanamo detainees. Accordingly, the Court of Appeals dismissed the detainee’s petitions on the grounds of lack of jurisdiction.
In June 2008, the Supreme Court reversed this decision, finding that Guantanamo detainees have a right to file habeas corpus petitions. The legal provisions which suspended this right were found to be unconstitutional. Also, all previous Guantanamo detainees' corpus petitions were found to be eligible for reinstatement. The Supreme Court reached its decision on the grounds that the United States has unilateral control over Guantanamo Bay and, therefore, the prison is within the statutory jurisdiction of the US federal courts.
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