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Mason et al.: The Prosecutor v. Suárez Mason et al.
Inconstitucionalidad de los indultos, 14 Mar 2004,
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 12 Jan 2007, United States Court of Appeals, District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.
After the District Court allowed the case to proceed in part, the plaintiffs presented an amended complaint, which was assessed again by the District Court. It allowed most of these claims, which were based on the laws of the District of Columbia, to proceed. Exxon appealed to this ruling, but the Court of Appeals stated that it did not have jurisdiction to hear the appeal. The Court also refused to compel the District Court to dismiss the case.
El-Shifa v. USA: El-Shifa Pharmaceutical Industries Company and Salah El Din Ahmed Mohammed Idris v. United States of America
Appeal from the United States District Court for the District of Columbia (No. 01cv00731), 27 Mar 2009, United States Court of Appeals, District of Columbia, United States
In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plant had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.
In November 2005, the District Court found that El-Shifa Pharmaceutical Industries raised a non-justiciable political question (which foresees that courts have no authority to hear or adjudge on matters that raise political, rather than legal, questions) in asking the Court to adjudge on the President’s powers to designate as enemy property the private property of the chemical plant in Sudan.
In March 2009, the Court of Appeals affirmed the decision of the District Court, holding that the case raised a political question, and therefore barring the court from hearing the matter. El-Shifa Pharmaceutical Industries attempted to exclude from its appeal the political question doctrine, however, the Court of Appeals found that the other raised claims were ‘inextricably intertwined’ with the political question doctrine and therefore, must be considered together. The Court of Appeal affirmed the District Court’s earlier finding that the raised issues are political questions and hence, non-justiciable.
Bowoto v. Chevron: Larry Bowoto et al. v. Chevron Corporation et al.
Opinion, 10 Sep 2010, United States District Court for the Northern District of California, United States
The case arose as a result of three brutal firearm attacks upon unarmed protesters and innocent citizens in Nigeria between May 1998 and January 1999. The plaintiffs allege that in each instance, the Chevron Corporation acted in concert with the Nigerian military and police to plan, order and execute the attacks including through the participation of Chevron security personnel and equipment, the payment of funds to the military and police, and the purchase of equipment and materials including ammunition. The plaintiffs were either summarily executed, seriously injured, burned in a fire set during the attack or tortured by the military and police thereafter. Such acts were intended to force the plaintiffs to cease their protests against Chevron’s damage to the lands and the plaintiffs’ livelihood and discourage any further behaviour.
The first case of its kind to be decided by a jury trial, Bowoto v. Chevron Corporation was decided in favour of Chevron, clearing them of all liability. The present decision is an appeal by the plaintiffs, which was ultimately unsuccessful as the Court of Appeals upheld the judgement of the District Court.
R. v Choudary (Anjem): Anjem Choudary, Mohammed Mizanur Rahman v. Regina
Judgment on Appeal from the Central Criminal Court, 22 Mar 2016, Court of Appeal (Criminal Division), Great Britain (UK)
Anjem Choudary and Mohammed Mizanur Rahman were charged with inviting support for the Islamic State, which is designated as a proscribed organisation in the United Kingdom. Both men are well-known speakers who have publicly supported the Islamic State, including by attending protests at which Islamic State banners were displayed.
While Choudary and Rahman’s speeches did not explicitly invite violence, the Court found them to be clear statements of support for the Islamic State, based on the common-sense meaning of the word “support.” According to the Court, “support” is not limited only to assistance that is practical or tangible, but also extends to support in the form of endorsement of approval of a proscribed organisation.
Finally, the Court addressed the appellants’ contention that the law in question violated their right to freedom of expression. The Court found the right to freedom of expression to be not absolute, specifically when the law prescribes the criminalization of the conduct and its purpose is to respond to issues such as national security which are listed in the European Convention on Human Rights.
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