APPLES TO ORANGES:EPISTEMOLOGICAL DISSONANCE IN

Size: px
Start display at page:

Download "APPLES TO ORANGES:EPISTEMOLOGICAL DISSONANCE IN"

Transcription

1 APPLES TO ORANGES:EPISTEMOLOGICAL DISSONANCE IN THE HUMAN RIGHTS CASE HADIJATOU MANI V.NIGER Thomas Kelley* I. INTRODUCTION In 2008, Hadijatou Mani, 1 a twenty-four year-old 2 uneducated woman from the hinterlands of the Republic of Niger, 3 successfully sued Niger in the Community Court of Justice of the Economic Community of West African States ( the ECOWAS Court ) 4 for failing to protect her from slavery. 5 As the facts of the case showed, and as Part II of this paper will discuss in detail, Hadijatou was purchased at the age of twelve and was held in servitude for ten years before her gumption and a * Paul B. Eaton Distinguished Professor of Law, University of North Carolina at Chapel Hill School of Law. Thanks to my friend and colleague, Bachir Tidiani. Thanks also to Julie Grimley, Brett Neve, and Andrew Arnold for their research assistance. 1 Some published reports name the plaintiff as Hadijatou Mani, while others refer to her as Adidjatou Mani Koraou. Compare West Africa Slavery Still Widespread, BBC NEWS, (last updated Oct. 27, 2008, 4:46 PM) (referring to her as Hadijatou Mani), with Boureima Hama, Woman Wins Case Against Niger for Slavery, SYDNEY MORNING HERALD (Oct. 28, 2008, 3:09 AM), world/woman-wins-case-against-niger-for-slavery vd.html (referring to her as Adidjatou Mani Koraou). For ease and consistency, this paper will refer to the woman as Hadijatou, and will refer to the various legal actions with variants of the Mani case. 2 Hama, supra note 1. 3 See West Africa Slavery Still Widespread, supra note 1. 4 The Economic Community of West African States ( ECOWAS ) was established in 1975 with a primary mission of improving economic performance and living standards on the African Continent. Jean Allain, Hadijatou Mani Koraou v. Republic of Niger, 103 AM. J. INT L L. 311, 312 (2009) ( The ECOWAS Court emerged as a result of a 1991 Protocol... [naming it] the principal legal organ of the Community. Composed of seven members, the [ECOWAS] Court was originally... given jurisdiction to hear disputes between member states and the executive organ of ECOWAS. However, under the 1993 Revised Treaty, the ECOWAS Court gained a constitutional mandate to consider issues of human rights.... in accordance with the provisions of the African Charter on Human and Peoples Rights. ). In 2005, ECOWAS adopted a Supplementary Protocol that explicitly empowered the Court to hear human rights cases. Id. 5 West Africa Slavery Still Widespread, supra note

2 312 Q U I N N I P I A C L A W R E V I E W [Vol. 32:311 dose of good luck 6 led to her manumission and, after years of legal and personal struggles, freedom. 7 Although Hadijatou s legal action was procedurally and substantively complicated, 8 it turned on the seemingly simple question of whether she was her purchaser s wife or his slave. 9 The ECOWAS Court determined that she was his slave and ordered Niger to declare her free and pay her damages in the amount of $19, The ECOWAS Court s decision was significant for several reasons. Above all, it meant liberation, self-determination, and a financial nest egg for a woman who had suffered years of degrading treatment, including unwanted sexual congress with the man who had purchased her. 11 The case was also a triumph for the nongovernmental organizations (NGOs) that played significant roles in helping Hadijatou in her flight from servitude and arguing her case before Nigerien courts and, later, the ECOWAS Court. 12 Human Rights NGOs based in Africa and in Europe struggle to convince the public that diverse forms of slavery, including chattel slavery, still exist and must be eradicated. 13 Hadijatou s case, which was covered extensively by the international press, 14 brought legitimacy and momentum to their cause. 15 In addition, for the broader community of human rights lawyers and advocates, the case illustrated the increasing salience of universal human rights standards and highlighted the importance and effectiveness of regional 6 See ANTI-SLAVERY, BRIEFING PAPER: HADIJATOU MANI KORAOU V. NIGER AT THE ECOWAS COURT OF JUSTICE 1, available at documents/cm_docs/2008/n/niger_case_at_ecowas.pdf (last visited Jan. 4, 2014) (explaining that a Nigerien anti-slavery organization happened to be conducting awareness raising meetings near her purchaser s home when the organization learned of her plight). 7 See Hadijatou Mani v Niger, INTERIGHTS, (last visited Jan. 4, 2014) [hereinafter INTERIGHTS] (providing an overview of the facts of the case). 8 See infra Part II. 9 See infra Part IV. 10 INTERIGHTS, supra note See id. I have employed the euphemism unwanted sexual congress here, knowing that, from the perspective of American law, a more accurate term would be sexual assault or rape. As the paper will discuss, in many parts of Niger it is a recent notion that a man does not have the right to have sex, even unconsented sex, with a woman in Hadijatou s social category. See infra Part IV. 12 See INTERIGHTS, supra note See id. (quoting the president of a Nigerien human rights organization as saying: For 17 years we have been working towards bringing slavery to the attention of the authorities ). 14 See id. (reporting that the Mani case was covered by 300 international news outlets). 15 See id.

3 2014] A P P L E S T O O R A N G E S 313 human rights bodies, 16 for not only did the ECOWAS Court conduct a full legal proceeding and render a forceful decision in Hadijatou s favor, 17 but the sovereign defendant, Niger, honored the judgment, allowing its ongoing domestic legal proceedings to be preempted and paying damages and costs as ordered. 18 While those outcomes are worthy of celebration and commentary, they are not the focus of this paper. Instead, this paper will examine Hadijatou s experience in escaping from servitude from the perspective of comparative law, shedding light on two ongoing debates within that field. First, some comparativists decry that their discipline is stuck in the country and western tradition, focusing its energies on European and North American laws and legal traditions. 19 When it does deign to turn its gaze to non-western legal traditions, it usually limits the inquiry to laws that emanate from states, ignores non-state norms and customs, and usually aims to reveal or encourage convergence between legal traditions that will permit the spread of market-driven capitalism and democracy. 20 Critics of the country and western tradition abhor that comparative law doggedly labors toward the goal of building consensus and universalization rather than acknowledging that rich legal diversity abounds. 21 These critics hold that there is intrinsic value in understanding and describing legal conceptions that are different from 16 INTERIGHTS, supra note 7 (noting that the Mani decision heralds a new role for regional courts in deciding human rights claims). 17 See generally Dame Hadijatou Mani Koraou v. La République du Niger, No. ECW/CCJ/JUD/06/08 (La Cour de Justice de la Communauté Économique Des Etats de l Afrique de l Ouest du 27 Octubre 2008), translated in Hadijatou Mani Koraou v. The Republic of Niger, No. ECW/CCJ/JUD/06/08 (ECOWAS Community Court of Justice, Oct. 27, 2008) (English language translation of the final judgment of the ECOWAS Community Court of Justice), available at [hereinafter CCJ Judgment]. But see Allain, supra note 4, at (criticizing the ECOWAS Court s legal reasoning). 18 INTERIGHTS, supra note John Gillespie, Towards a Discursive Analysis of Legal Transfers into Developing East Asia, 40 N.Y.U. J. INT L L. & POL. 657, 658 (2008). 20 See WERNER MENSKI, COMPARATIVE LAW IN A GLOBAL CONTEXT: THE LEGAL SYSTEMS OF ASIA AND AFRICA 5 (Cambridge Univ. Press, 2d ed. 2006) (arguing that comparative law should move toward tolerance of diversity, not forced uniformity). 21 See id. at 38, (quoting Cotterrell and employing the term universalization ); Annelise Riles, Introduction: The Projects of Comparison, in RETHINKING THE MASTERS OF COMPARATIVE LAW 1, (Annelise Riles ed., 2001) (commenting on comparative law s search for similarities between divergent legal systems).

4 314 Q U I N N I P I A C L A W R E V I E W [Vol. 32:311 our own. 22 They add that the differences can only be appreciated and described by skilled cultural navigators 23 who resist the desire to draw parallels and to equate concepts between legal systems simplistically. 24 This paper will respond by offering a thick description 25 of the legal traditions and formal laws that were invoked by the opposing sides in the Mani case, and by showing that they were different and, in important respects, incompatible. One side argued from a traditional Nigerien legal and cultural perspective and claimed that Hadijatou was her purchaser s wife. 26 The other side Hadijatou s side argued from an essentially Western 27 human rights perspective that Hadijatou had been his slave. 28 By delving into the historical, religious, and cultural backgrounds of the parties, the paper will illustrate that the two sides epistemological and legal assumptions were fundamentally different, and that their lawyers were employing the terms slave and wife to mean different things. The end result was that the parties to the Mani case were often talking past one other. An additional aim of this paper will be to weigh in on comparative law s legal transplant 29 debate. When comparativists diverge from 22 See MENSKI, supra note 20, at Id. at 63 (quoting Roger Ballard). 24 Id. at By thick description, I allude generally to the idea, borrowed from anthropology, that in order to understand human behavior, one must do more than directly observe that behavior; one also must observe and understand the context in which that behavior takes place. See generally CLIFFORD GEERTZ, Thick Description: Toward an Interpretive Theory of Culture, in THE INTERPRETATION OF CULTURES 3, 5 10 (1973) (citing Gilbert Ryle). 26 See CCJ Judgment, supra note I employ the term Western in this context with full knowledge that some scholars, including my colleague Holning Lau, object to its use in human rights and other legal discourses partly on grounds that it implicitly attributes the creation and development of human rights norms exclusively to European and related legal systems. See generally Holning Lau, The Language of Westernization in Legal Commentary, 61 AM. J.COMP. L.507, 507 (2013). As a later section of this paper will demonstrate, however, I believe that the human rights norms discussed in this paper particularly the definition of slavery as being one human exercising ownership over another evolved specifically out of Europe and the New World s experience with chattel slavery, and I am comfortable referring to that history as Western. See infra Part IV (discussing legal definitions of slavery). 28 See CCJ Judgment, supra note As seems inevitable in scholarly debates, the nomenclature of legal transplant is contested. Some embrace the term legal transplant, while others prefer legal transfer, legal adaptation, legal penetration, or legal irritant. For a summary of the linguistic tussle, see David Nelken, Towards a Sociology of Legal Adaptation, in ADAPTING LEGAL CULTURES 7, (David Nelken & Johannes Feest eds., 2001).

5 2014] A P P L E S T O O R A N G E S 315 their country and western tradition to focus on laws and legal systems of non-western countries, their aim is often to chart a course that will facilitate the export of Western law to poorer nations. 30 Their assumption shared by law and development practitioners and scholars is that the exportation of Western law will help create the conditions for economic growth, democracy, and political stability in regions where those qualities are scarce. 31 The question of how to accomplish this transfer of law and indeed, whether it is possible at all has been referred to in comparative law as the legal transplant problem. 32 Comparativists at one extreme portray law as a readily transferable technology that, with a few minor adjustments, can be made to function wherever it is introduced in ways that will give rise to predictable and positive outcomes. 33 At the other extreme, scholars insist that law is inextricably intertwined with and reflective of the particular history, culture, and society in which it has evolved, and can never be effectively transplanted from one society to another. 34 This paper will rely on a careful, contextual analysis of Hadijatou s experience and the Mani case to illustrate that the socio-cultural context comparative legal scholars have it mostly right, and that the law as technology scholars along with the legions of contemporary law and development practitioners who make a living transplanting Western law to developing countries 35 have it mostly wrong. 30 See MENSKI, supra note 20, at (claiming that comparative law often is in the service of trade deals and development programmes and that the motive behind comparative law is universalization); see also Yves Dezalay & Bryant Garth, The Import and Export of Law and Legal Institutions: International Strategies in National Palace Wars, in ADAPTING LEGAL CULTURES, supra note 29, at 241, 241 (arguing that the new law and development movement aims at a legal convergence). 31 See Thomas Kelley, Unintended Consequences of Legal Westernization in Niger: Harming Contemporary Slaves by Reconceptualizing Property, 56 AM. J. COMP. L. 999, (2008). 32 See Michal S. Gal, The Cut and Paste of Article 82 of the EC Treaty in Israel: Conditions for a Successful Transplant, 9 EUR. J.L.REFORM 467, (2007) (discussing the basic arguments surrounding legal transplants ); see also Pierre Legrand, The Impossibility of Legal Transplants, 4 MAASTRICHT J. EUR. &COMP. L.111, 111 (1997) (explaining the idea of legal transplants and critiquing them as impossible). 33 See generally Alan Watson, Comparative Law and Legal Change, 37 CAMBRIDGE L.J. 313, 313 (1978) ( [T]he two most startling... characteristics of legal rules are the apparent ease with which they can be transplanted from one system or society to another, and their capacity for long life. ). 34 See generally Legrand, supra note 32, at See Kelley, supra note 31, at 1000 (referring to successive waves of legal experts who have attempted to transplant Western laws to Niger and elsewhere).

6 316 Q U I N N I P I A C L A W R E V I E W [Vol. 32:311 Prior to the Mani case, anti-slavery laws recently had been introduced to Niger from the United States and Europe. 36 These laws had evolved out of the West s particular historical and cultural experiences with slavery, experiences that were fundamentally different than Niger s. 37 While the application of those Western slavery laws has led to laudable results, including freedom for Hadijatou, it also has sown confusion among those caught in the rapid transition. A careful examination of the Mani case and the confusion it caused belies the assertion that law is a technology that can be easily transplanted from one society to another, and illustrates that law is inextricably embedded within and reflective of the society and culture in which it develops. In pursuit of these arguments, Part II of this paper will offer a summary of the Mani case and its surrounding facts as revealed mostly in legal pleadings and contemporaneous French and English language news reports. Part III will introduce some useful theory: Michel Foucault s notion of the episteme, comparative law s legal transplant debate, and legal anthropology s concept of legal pluralism. Part IV will examine the Mani case through the lens of those theoretical constructs, offer a thick description of the parties to the Mani case including their historical and cultural contexts, and reveal that the legal battle they fought was far more complicated, and in some respects less satisfying, than news accounts and the final judicial opinion might suggest. Part V will conclude by describing what the Mani case means for comparative law and by making a plea that lawyers, legal scholars, and human right proponents acknowledge, embrace, and grapple with the complexity that arises when laws and legal concepts, including human rights laws, are transplanted from one historical and cultural setting to another. II. HADIJATOU S STORY AND THE LAWSUITS Parts IV and V of this paper will argue that facts and law are socially and culturally constructed, that the definitions and details of 36 See id. at (describing the anti-slavery laws Niger adopted in 2003); see also West Africa Slavery Still Widespread, supra note 1 (quoting Igulias Weila, the head of Timidria, a Nigerien human rights organization, as saying: The [anti-slavery] law was only passed for Westerners. It was a charm-offensive aimed at those who were asking why slavery had not been made illegal ). 37 See Kelley, supra note 31, at (describing the difference between Western and Nigerien slavery).

7 2014] A P P L E S T O O R A N G E S 317 both depend on one s epistemological perspective, and that the events of the Mani case look very different depending on whether one is examining them from a Western or traditional Nigerien perspective. Before braving that conceptual thicket, however, this section lays out Hadijatou s experience as described in Western news, NGO accounts, and the written record of the various lawsuits to which she was party. 38 A. The Facts Hadijatou was born into a Nigerien ethnic subclass known as Bouzou. 39 The term Bouzou comes from the language of the Hausa people and is a catch-all social category describing those who were, or whose ancestors were, captured and enslaved by the Tuareg people. 40 Hadijatou s mother was owned 41 by a Hausa man and, although the facts are unclear, it appears that her mother s master sold or gave Hadijatou to his friend, a Hausa customary chief, when she was a child. 42 In 1996, when Hadijatou was twelve years-old, the customary chief sold her to a wealthy forty-six year-old Hausa man, El Hadj Souleymane Naroua ( Naroua ), for the sum of 240,000 CFA, 43 or approximately $ In spite of dogged efforts, I succeeded in obtaining only some of the written documents associated with these legal actions and most of them pertain to the proceeding in the ECOWAS Court. I obtained Hadijatou s Requête (a French term that translates roughly to Petition or Request) that summarizes her argument for the ECOWAS Court, as well as her formal Complaint to the same court. I also have a partial copy of Niger s Reply to the ECOWAS Court, apparently prepared directly in response to Hadijatou s Requête. Finally, I have an official copy and an unofficial English translation of the ECOWAS Court s final judgment in the case. The only document in my possession from the various hearings in the Nigerien court system is the Niger Supreme Court s opinion when it remanded the case back to the Court of First Instance of Konni. I was able to piece together some of the arguments made in the lower Nigerien courts, however, because the documents I did manage to obtain quoted key passages from the proceedings in the Nigerien justice system. 39 CCJ Judgment, supra note 17, 8; Requête 1, Dame Hadijatou Mani Koraou v. La République du Niger (le 10 septembre 2007) [hereinafter Requête] (a petition submitted by Hadijatou Mani s attorneys to the ECOWAS Community Court of Justice) (on file with author). 40 See Requête, supra note 39, 1 n.1; see also infra Part IV.A (offering a more detailed account of the meaning of Bouzou). 41 See infra Part IV.B (arguing that ownership of another human being carries different connotations in Nigerien tradition than in Western law and society). 42 Requête, supra note 39, Id. 1; CCJ Judgment, supra note 17, Helen Duffy, Hadijatou Mani Koroua v Niger: Slavery Unveiled by the ECOWAS Court, 9 HUM.RTS.L.REV., no. 1, 2009, at 151, 152.

8 318 Q U I N N I P I A C L A W R E V I E W [Vol. 32:311 About a year after her purchase, at a time when she was not yet thirteen years-old and on a day when she was working in the fields, Naroua violently forced sex upon her for the first time. 45 In the following years, he forced sex upon her repeatedly and often beat her, sometimes with a whip, as a result of genuine or supposed rebelliousness. 46 Over a period of nine years, she bore four children, two of whom survived. 47 Hadijatou frequently attempted to leave Naroua s home, but each time was brought back. 48 On August 18, 2005, Naroua presented Hadijatou with a certificate of liberation from slavery. 49 His motivation is unclear, but it seems likely that word had arrived in their rural village that the Government of Niger had in 2003 with the encouragement and assistance of the international community passed strict new anti-slavery laws that included steep fines and long jail sentences for those who bought and sold slaves or held people in slavery. 50 The certificate stated that Hadijatou was free and was nobody s slave. 51 It was signed by Naroua and Hadijatou, and was endorsed and stamped by the traditional chief with administrative authority over the village in which they lived. 52 As later became obvious, Naroua fully intended to maintain control over Hadijatou and their offspring in spite of her manumission. As soon as Hadijatou had the certificate in hand, however, she took steps to leave. 53 Naroua forbade her departure, declaring that she had been and continued to be his wife and thus was compelled to remain in his household. 54 She held her peace but, some months later, at approximately age 21 and on the pretext of visiting her sick mother, left 45 CCJ Judgment, supra note 17, Id. 11; Requête, supra note 39, CCJ Judgment, supra note 17, See Niger Ex-Slave Wins Landmark Case, BBC NEWS, 2/hi/ stm (last updated Oct. 27, 2008, 4:43 PM) (quoting Hadijatou: I was beaten so many times I would run to my family.... Then after a day or two I would be brought back ). 49 CCJ Judgment, supra note 17, See West Africa Slavery Still Widespread, supra note 1 (reporting that anti-slavery activists from the Nigerien NGO, Timidria, had been active in the region where Hadijatou lived and that they had told Naroua about the new criminal penalties and suggested that he either marry his various wahay or let them go); Requête, supra note 39, 4 n CCJ Judgment, supra note 17, Id. 13; Requête, supra note 39, CCJ Judgment, supra note 17, 14; Requête, supra note 39, CCJ Judgment, supra note 17, 14.

9 2014] A P P L E S T O O R A N G E S 319 Naroua s household never to return. 55 B. Procedure and Legal Reasoning in Niger s Courts The procedural history of the various lawsuits to which Hadijatou was party is complicated and much of the legal reasoning expressed in the pleadings and decisions is obtuse. 56 As later sections of this paper will discuss, the procedural ping pong and the doctrinal confusion was caused, at least in large part, by the fact that the parties and the various courts involved were, without acknowledging it, switching back and forth between Nigerien customary law and Western law. 57 The legal odyssey began on February 14, 2006, when Hadijatou brought a complaint before the civil and customary tribunal of the Nigerien city of Konni seeking formal legal recognition that she was free to live her life as she pleased. 58 That tribunal issued a judgment on March 20, 2006, finding under the customary law of the Bouzou and Hausa people that there was never a proper marriage between Hadijatou and Naroua because he never paid a marriage dowry or solemnized the occasion with a religious ceremony, both of which are customarily 55 See id. 56 See supra note 38 and accompanying text. 57 See supra note 27 and accompanying text; see also infra Part IV. 58 CCJ Judgment, supra note 17, 15. The written record reveals a slight discrepancy in that the Niger Supreme Court Opinion states that Hadijatou s action in the customary court was styled as an action for divorce rather than a request that the court declare her free. See Cour Supreme [Supreme Court], Hadijatou Mani v. El Hadji Souleymane Naroua, Arrêt No /Cout, at 1, (Niger Du 28 décembre 2006), available at arret/niger-coursupreme [hereinafter Niger Supreme Court Decision]. This discrepancy may be explained partly by the fact that Niger s legal system is pluralistic by design, permitting state courts in certain circumstances to apply customary law. See infra Part III.C; see also ANTI-SLAVERY, supra note 6 (stating that Niger s courts pass rulings based on customary law, which is discriminatory towards women, and in direct breach of it s [sic] Criminal Code and Constitution, thus failing to condemn the practice to which Hadijatou had been a victim, and to accord her the protection required by domestic and international law ). These rulings based on customary law can be starkly different from and contrary to state law and international law, particularly with respect to women s rights. See id. Confusion among courts arises because, in addition to the fact that courts are grappling with different sources of law, many Nigerien judges, particularly in higher courts, have no training in or particular knowledge of customary law. See Abdourahaman Chaibou, L Influence de la Jurisprudence Nigérienne en Droit de la Famille Sur la Coutume: Les Notions D Evolution Generale du Pays et de Coutume Urbaine, Revue Nigérienne de Droit, no. 2, 1999, 71, 73 (Niger) (describing and critiquing Nigerien state courts application of customary law).

10 320 Q U I N N I P I A C L A W R E V I E W [Vol. 32:311 required to seal a marriage. 59 The court concluded that Hadijatou was free to live her own life with the person of her choice. 60 Soon after this judgment was handed down, Naroua appealed to the Court of First Instance of Konni, 61 the rough equivalent of a state superior court or a federal district court in the U.S., which rendered a decision on June 16, 2006 overruling the lower court s judgment. 62 The Court of First Instance, relying on testimony by assessors laypeople who are permitted by statute to advise state judges on matters of ethnic custom found that Hadijatou fell within the social category of wahay. 63 Although the Court of First Instance did not say so explicitly, it implied that the status of wahay was more akin to wife than to slave. 64 Specifically, the court ruled that wahay is not a slave within the home because she carries out her household duties without servitude or forced work or service and is not considered the property of her husband. 65 The court went on to say that the marriage of a free man with a slave is in accordance with Islamic principles and indeed, follows the practice of the Prophet Mohammad 66 and thus is legal when the means do not exist to marry a free woman and [the man] fears falling into fornication. 67 Finally, after implying that wahay was a sort-of wife, not a sort-of slave, 68 the Court of First Instance concluded that a wahay could not initiate a divorce except where (1) her new husband agreed to reimburse the cost paid by the master, (2) her master was impotent or unable to procreate, or (3) the master had deprived her of food or clothing 69 query: was the court aware that it referred to Naroua as her master even though it had just ruled that he was her husband, or was it using the term master in its more generic sense as it might 59 Requête, supra note 39, 7; CCJ Judgment, supra note 17, 16. The customary court also noted that a wahay does not inherit from her husband as other spouses do. See Requête, supra note 39, 54 (citing the decision of the customary court, Jugement coutumier no 6 du 2 mars 2006, 2nd paragraph). 60 CCJ Judgment, supra note 17, See id (discussing the procedural history). 62 Requête, supra note 39, 8 9; CCJ Judgment, supra note 17, Requête, supra note 39, 9, See id. 65 Id See id. 1 2, 9; see also Niger Supreme Court Opinion, supra note Requête, supra note 39, 9 (quoting Judgment No. 30 rendered by the Court of First Instance of Konni dealing with customary matters, June 16, 2006); Niger Supreme Court Opinion, supra note 58 (quoting the same language). 68 See Requête, supra note 39, 8 9; Niger Supreme Court Opinion, supra note Requête, supra note 39, 39.

11 2014] A P P L E S T O O R A N G E S 321 apply to a slave master or a husband? In sum, the Court of First Instance of Konni recognized the customary social category of wahay and, without explicitly finding that wahay was the equivalent of wife, ruled, more or less, that the master of a wahay enjoys all of the rights a husband has over a wife. 70 Hadijatou appealed to the final domestic authority, the Judicial Chamber of the Supreme Court of Niger, to request application of the law against slavery and slavery-like practices. 71 In a judgment dated December 28, 2006, the Supreme Court quashed the judgment of the Court of First Instance on grounds that the lower court had relied to too great an extent on the testimony of the customary assessors. 72 Without reaching the issue of Hadijatou s slavery status, the Supreme Court remanded the case to the Court of First Instance for review by a different panel, apparently for the purpose of deciding whether Hadijatou was entitled to a divorce, even though her claim upheld by the first and lowest court to address the issue was that she had never been married to Naroua in the first place. 73 This is when the case took a truly strange twist. Before the Court of First Instance of Konni ruled a second time, Hadijatou married a man of her choosing, Mr. Ladan Rabo. 74 Upon learning of this marriage, Naroua filed a criminal complaint against Hadijatou for bigamy at the gendarmerie in Konni. 75 After a brief investigation, the police referred the complaint to the state prosecutor at the criminal division of the Court of First Instance of Konni the same court that was working on Hadijatou s slavery/divorce case stating among other things in the referral document that Naroua was Hadijatou s master, in spite of its recommendation that she be prosecuted for 70 See id. 38. In what was apparently an alternative basis for its decision, the Court of First Instance reasoned that Niger s anti-slavery laws could not be applied to Naroua anyway because Hadijatou was purchased in 1996, long before Niger s anti-slavery criminal laws were passed in Id. It is a complicated argument: Niger s pluralistic legal system permits recognition of customary law by state courts, so long as the custom is not repugnant to fundamental principles expressed in domestic legislation or international law. See discussion infra Part III.C. Since Niger had not adopted anti-slavery laws, there was no repugnancy and Naroua s actions were lawful. See Requête, supra note 39, CCJ Judgment, supra note 17, Requête, supra note 39, 11; Niger Supreme Court Opinion, supra note CCJ Judgment, supra note 17, 16, 19; see also Niger Supreme Court Opinion, supra note Requête, supra note 39, 12; CCJ Judgment, supra note 17, Requête, supra note 39, 13; CCJ Judgment, supra note 17, 21. Gendarmerie essentially means police station.

ECOWAS Community Court of Justice

ECOWAS Community Court of Justice This document is an unofficial translation of Judgment No. ECW/CCJ/JUD/06/08 of 27 October 2008, in the case of Hadijatou Mani Koraou v The Republic of Niger. This document is produced solely in order

More information

Advocate for Women s Rights Using International Law

Advocate for Women s Rights Using International Law 300 Appendix A Advocate for Women s Rights Using International Law The United Nations (UN) brings together almost every government in the world to discuss issues, resolve conflicts, and make treaties affecting

More information

LLB (Hons) Law with Criminology Module Information

LLB (Hons) Law with Criminology Module Information LLB (Hons) Law with Criminology Module Information Year 1 Law of Contract and Problem Solving This module develops students knowledge and understanding of the law of contract. You will study the underlying

More information

Courts & Our Legal System

Courts & Our Legal System Courts & Our Legal System 2012 (Version 1.0) This booklet has been prepared, published and distributed by the Public Legal Education Association of Saskatchewan (PLEA). The purpose of PLEA and this booklet

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION

CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION In presenting any subject for discussion, it is essential that pertinent words be accurately defined. It has been said that if one is allowed to define or

More information

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws. Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 14-3137 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lacresia Joy White lllllllllllllllllllll Defendant - Appellant Appeal

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

FILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL

FILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903

More information

Walking Through a Trial

Walking Through a Trial Lesson Overview Overview: This lesson will teach students how the legal system works and how a case progresses through the state courts. Objectives: Students will be able to Define key terms related to

More information

CRIMINAL LAW & YOUR RIGHTS MARCH 2008

CRIMINAL LAW & YOUR RIGHTS MARCH 2008 CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,

More information

DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS. Legal Assistance Centre 2005

DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS. Legal Assistance Centre 2005 DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS Legal Assistance Centre 2005 This is a summary of a bill proposed by the Law Reform and Development Commission (LRDC).

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

Council of Europe: European Court of Human Rights and the Parot Doctrine

Council of Europe: European Court of Human Rights and the Parot Doctrine Council of Europe: European Court of Human Rights and the Parot Doctrine March 2014 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) (866) 550-0442 (fax) law@loc.gov http://www.law.gov

More information

5. The Model Strategies and Practical Measures are aimed at providing de jure and de

5. The Model Strategies and Practical Measures are aimed at providing de jure and de MODEL STRATEGIES AND PRACTICAL MEASURES ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN IN THE FIELD OF CRIME PREVENTION AND CRIMINAL JUSTICE 1. The multifaceted nature of violence against women suggests

More information

STATES DISTRICT COURT EASTERN DISTRICT OFMICHIGAN SOUTHERN DIVISION. Plaintiff, v. Case No. Hon. Magistrate Judge UNITED STATES DEPARTMENT OF JUSTICE,

STATES DISTRICT COURT EASTERN DISTRICT OFMICHIGAN SOUTHERN DIVISION. Plaintiff, v. Case No. Hon. Magistrate Judge UNITED STATES DEPARTMENT OF JUSTICE, 2:13-cv-12939-PJD-MJH Doc # 1 Filed 07/06/13 Pg 1 of 11 Pg ID 1 DETROIT FREE PRESS, a Michigan corporation, STATES DISTRICT COURT EASTERN DISTRICT OFMICHIGAN SOUTHERN DIVISION Plaintiff, v. Case No. Hon.

More information

Liberty s Briefing: Forced Marriage (Civil Protection) Bill

Liberty s Briefing: Forced Marriage (Civil Protection) Bill Liberty s Briefing: Forced Marriage (Civil Protection) Bill January 2007 1 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties and human rights organisations.

More information

Domestic Violence Laws and the Illinois Domestic Violence Act

Domestic Violence Laws and the Illinois Domestic Violence Act CHAPTER 8 Domestic Violence Laws and the Illinois Domestic Violence Act Although clergy and other spiritual leaders may not be directly involved in the legal procedures described below, it is important

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

Modern Slavery Act 2015

Modern Slavery Act 2015 Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1

More information

Concurrent Session A: HIV/AIDS The Role of Criminal Law in Public Health

Concurrent Session A: HIV/AIDS The Role of Criminal Law in Public Health Canadian Conference on the Public s Health and the Law November 5-7, 2006 (Toronto) Concurrent Session A: HIV/AIDS The Role of Criminal Law in Public Health Moderator: Dr. Brian Cornelson HIV Family Practice

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3489 United States of America, Appellee, v. Keith A. Jones, Appellant. Appeal from the United States District Court for the Western District

More information

LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA

LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA /unofficial translation/ LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA Citizenship is the stable legal relationship of a person with the state which is expressed in the totality of their mutual

More information

Chairman Sensenbrenner, Ranking Member Scott and Members of the

Chairman Sensenbrenner, Ranking Member Scott and Members of the Task Force: Chairman Sensenbrenner, Ranking Member Scott and Members of the I am Eric Evenson, a former federal prosecutor. I retired as an Assistant United States Attorney from the Department of Justice

More information

Bill for the Protection of Women and Family Members Against Domestic Violence

Bill for the Protection of Women and Family Members Against Domestic Violence Bill for the Protection of Women and Family Members Against Domestic Violence Article 1: The provisions of the present law shall apply to domestic violence as per the rules established in the Articles

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

4 Criminal and Family Law

4 Criminal and Family Law 4 Criminal and Family Law ENG 004/2010 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Criminal and Family Law This booklet is meant to give you a basic understanding of legal

More information

STATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.)

STATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.) MAINE SUPREME JUDICIAL COURT Decision: 2015 ME 109 Docket: Ken-14-362 Argued: June 16, 2015 Decided: August 11, 2015 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

AN INTRODUCTION TO TEXAS POST- CONVICTION HABEAS CORPUS (PURSUANT TO ARTICLE 11.07, et seq., C.Cr.P.) FOR LAWYERS WHO NEVER THOUGHT THEY D CARE

AN INTRODUCTION TO TEXAS POST- CONVICTION HABEAS CORPUS (PURSUANT TO ARTICLE 11.07, et seq., C.Cr.P.) FOR LAWYERS WHO NEVER THOUGHT THEY D CARE AN INTRODUCTION TO TEXAS POST- CONVICTION HABEAS CORPUS (PURSUANT TO ARTICLE 11.07, et seq., C.Cr.P.) FOR LAWYERS WHO NEVER THOUGHT THEY D CARE 2004, 2009 - John G. Jasuta (Austin, TX) Welcome to Article

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE Filed 6/21/16 P. v. Archuleta CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

COST AND FEE ALLOCATION IN CIVIL PROCEDURE

COST AND FEE ALLOCATION IN CIVIL PROCEDURE International Academy of Comparative Law 18th World Congress Washington D.C. July 21-31, 2010 Topic II.C.1 COST AND FEE ALLOCATION IN CIVIL PROCEDURE National Reporter - Slovenia: Nina Betetto Supreme

More information

Attorney Grievance Commission of Maryland v. Sandra Lynn Reno, Misc. Docket AG No. 5, September Term, 2013

Attorney Grievance Commission of Maryland v. Sandra Lynn Reno, Misc. Docket AG No. 5, September Term, 2013 Attorney Grievance Commission of Maryland v. Sandra Lynn Reno, Misc. Docket AG No. 5, September Term, 2013 ATTORNEY DISCIPLINE MARYLAND LAWYERS RULE OF PROFESSIONAL CONDUCT 8.4 Court of Appeals denied

More information

Orders of Protection

Orders of Protection Orders of Protection Hotline: (212) 343-1122 www.liftonline.org This guide answers questions that you may have if an order of protection has been filed against you in Criminal Court or Family Court. The

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

A CONSUMER GUIDE TO FAIR LENDING

A CONSUMER GUIDE TO FAIR LENDING FAIR HOUSING LEGAL SUPPORT CENTER A CONSUMER GUIDE TO FAIR LENDING AND HOME OWNERSHIP PRESERVATION A CONSUMER GUIDE TO FAIR LENDING AND HOME OWNERSHIP PRESERVATION OVERVIEW This guide explains your right

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

Domestic Violence. (b) Assaulting, attacking, beating, molesting, or wounding a named individual.

Domestic Violence. (b) Assaulting, attacking, beating, molesting, or wounding a named individual. Domestic Violence Domestic Violence is one of the 12 factors of the best interests test set forth at MCLA 722.23. The best interest factors were modified in 1993 to include domestic violence as factor

More information

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert My detractors on the internet, of which I have many, largely made up of tax lawyers who try to discredit me because I represent a threat their livelihood, and certain people whose ideas on the income tax

More information

Guidance on health and character

Guidance on health and character Guidance on health and character Who is this document for?... 2 About the structure of this document... 2 Section 1: Introduction... 4 About us (the HPC)... 4 How we are run... 5 About registration...

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

Declaration on the Elimination of Violence against Women

Declaration on the Elimination of Violence against Women The General Assembly, Distr. GENERAL A/RES/48/104 23 February 1994 Declaration on the Elimination of Violence against Women General Assembly resolution 48/104 of 20 December 1993 Recognizing the urgent

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

European Court of Human Rights. Questions & Answers

European Court of Human Rights. Questions & Answers European Court of Human Rights Questions & Answers Questions & Answers What is the European Court of Human Rights? These questions and answers have been prepared by the Registry of the Court. The document

More information

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 ECONOMIC ISSUES REGARDING MARRIAGE AND DISSOLUTION OF MARRIAGE ASSETS

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DON PATERSON INTRODUCTION Delays in the hearing of cases, both civil and criminal, in the Supreme Court of Vanuatu are becoming a matter of some concern

More information

The Texas Judicial System. Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in

The Texas Judicial System. Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in The Texas Judicial System The judicial power of the State of Texas is derived from Article 5, Section 1 of the Texas Constitution, which provides: The judicial power of this State shall be vested in one

More information

Good article to know about your right!!!

Good article to know about your right!!! On Your Rights If Arrested Good article to know about your right!!! Arrest of a person A person is arrested when a police officer or a citizen takes him into custody or otherwise substantially deprives

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO COLORADO CRIMINAL DEFENSE BAR, a Colorado non-profit corporation; COLORADO CRIMINAL JUSTICE REFORM COALITION, a Colorado

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

An overview of pre- trial justice in Malawi

An overview of pre- trial justice in Malawi An overview of pre- trial justice in Malawi By Justice Andrew Nyirenda SC, Judge of the Supreme Court of Appeal INTRODUCTION The criminal justice system in Malawi has a long history. Most of you may agree

More information

What is the "Code Of Service Discipline"?

What is the Code Of Service Discipline? This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian

More information

APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK

APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK Public interest work is done in a wide variety of practice settings. Lawyers also use different advocacy approaches. Finally, different organizations focus on

More information

UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME

UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME PROCEDURES SPECIALES DU CONSEIL DES DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

More information

Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families

Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families A publication of Connecticut Sexual Assault Crisis Services, Inc. 96 Pitkin Street v East Hartford, CT v 06108

More information

BASIC IMMIGRATION LAW

BASIC IMMIGRATION LAW BASIC IMMIGRATION LAW Introduction Under immigration law, anyone not having a right of abode in the UK is subject to immigration control and can only live, work and settle in the UK by permission (Section

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

10 Victims and the law 57

10 Victims and the law 57 10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,

More information

United Nations Study on Violence against Children. Response to the questionnaire received from the Government of the Republic of GUYANA

United Nations Study on Violence against Children. Response to the questionnaire received from the Government of the Republic of GUYANA United Nations Study on Violence against Children Response to the questionnaire received from the Government of the Republic of GUYANA 1 MINISTRY OF LABOUR, HUMAN SERVICES & SOCIAL SECURITY RESPONSE TO

More information

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS?

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will

More information

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov. 12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

Victim/Witness Security and Protection

Victim/Witness Security and Protection REFERENCE GUIDE ON PROTECTING THE RIGHTS OF CHILD VICTIMS OF TRAFFICKING IN EUROPE Chapter 13 Victim/Witness Security and Protection 13.1 General principles Child victims who agree to testify should be

More information

Universal Declaration of Human Rights

Universal Declaration of Human Rights Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice

More information

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 :

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 : [Cite as State v. McCoy, 2013-Ohio-4647.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2013-04-033 : O P I N I O N - vs - 10/21/2013

More information

Written Statement of Lawrence S. Goldman

Written Statement of Lawrence S. Goldman Written Statement of Lawrence S. Goldman on behalf of the NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS before the United States Sentencing Commission Re: Proposed Amendments to the Sentencing Guidelines

More information

SUPREME COURT OF THE STATE OF UTAH

SUPREME COURT OF THE STATE OF UTAH This opinion is subject to revision before final publication in the Pacific Reporter 2014 UT 18 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Discipline of JERE B. RENEER, JERE B. RENEER,

More information

Corporate Counsel Beware: Limits Of 'No Contact Rule'

Corporate Counsel Beware: Limits Of 'No Contact Rule' Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Corporate Counsel Beware: Limits Of 'No Contact Rule'

More information

As part of their course on law and/or sociology in this module, participants will be able to:

As part of their course on law and/or sociology in this module, participants will be able to: Correctional Service Service correctionnel Service correctionnel Correctional Service Law Correctional Service : At the Heart of Criminal Justice Description The Correctional Service of : At the Heart

More information

No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee.

No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee. No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KITE'S BAR & GRILL, INC., d/b/a KITE'S GRILLE & BAR, Appellant, v. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee.

More information

Akua Kuenyehia. Ghanaian. Ghana. List B

Akua Kuenyehia. Ghanaian. Ghana. List B Akua Kuenyehia Ghanaian Ghana List B 1. (b) Before my election to the ICC in 2003, I was a Professor of law and taught Public International Law, International Human Rights Law, Criminal Law and Gender

More information

Judicial Mistake in DIY Divorce Settlement Rapidly Corrected

Judicial Mistake in DIY Divorce Settlement Rapidly Corrected Judicial Mistake in DIY Divorce Settlement Rapidly Corrected Mesothelioma Settlements Not Available Capital Over-Simplistic Approach Produces Challenge Pre-Nup Partially Set Aside as Judge Highlights Uncertainty

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION Winter 1998 December 5, 1998 Vol. X, Edition IV THE FEDERAL INSURANCE ANTIFRAUD STATUTE Emory L. White, Jr., Esq. (214) 871-8200 Are you guilty of

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 H 1 HOUSE BILL 1664

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 H 1 HOUSE BILL 1664 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 00 H HOUSE BILL Short Title: Covenant Marriage Act of 00/Funds. Sponsors: Representative Capps. Referred to: Judiciary I, if favorable, Appropriations. May, 00

More information

Erbil Declaration. Regional Women s Security Forum on Resolution UNSCR 1325

Erbil Declaration. Regional Women s Security Forum on Resolution UNSCR 1325 Erbil Declaration Regional Women s Security Forum on Resolution UNSCR 1325 The Women s Security Forum on Resolution No 1325 for the Middle East and North Africa (MENA) region concluded its work in Erbil

More information

Family Law. Terms and Definitions. Second Edition

Family Law. Terms and Definitions. Second Edition Family Law Terms and Definitions Second Edition Introduction The purpose of this booklet is to provide Newfoundlanders and Labradorians with a reference for the terms and definitions that are commonly

More information

NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME PROCEDURES SPECIALES DU CONSEIL DES DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

More information

DAPTO HIGH SCHOOL. YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009

DAPTO HIGH SCHOOL. YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 DAPTO HIGH SCHOOL YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 General Instructions: Reading time 5 minutes Working time 1 ½ hours Write using blue or black pen Write your Student Number/Name

More information

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU Complete adoptions package for the adoption of an adult. Information & Instructions: Petition for Adoption of an Adult 1. An adult Texas resident may adopt another adult pursuant to 162.501 in the Texas

More information

RUSRR048 COURSE CATALOG DETAIL REPORT Page 1 of 16 11/11/2015 16:04:28

RUSRR048 COURSE CATALOG DETAIL REPORT Page 1 of 16 11/11/2015 16:04:28 RUSRR048 COURSE CATALOG DETAIL REPORT Page 1 of 16 CRM 100 Course ID 000650 Canadian Criminal Justice Introduction to Canadian Criminal Justice This course introduces students to the administrative and

More information

SUMMARY VIOLENCE AGAINST WOMEN STATISTICS:

SUMMARY VIOLENCE AGAINST WOMEN STATISTICS: Kosovo (Republic of Kosova) General Country Information: 1 Population: 1,733,872 Female population: 860,274 Member of Council of Europe: No Member of European Union: No CEDAW ratified: (Not signed) CEDAW

More information

SUBJECT: Department Policy Concerning Charging Criminal Offenses, Disposition of Charges, and Sentencing

SUBJECT: Department Policy Concerning Charging Criminal Offenses, Disposition of Charges, and Sentencing TO: FROM: All Federal Prosecutors John Ashcroft Attorney General SUBJECT: Department Policy Concerning Charging Criminal Offenses, Disposition of Charges, and Sentencing INTRODUCTION The passage of the

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 14 1449 BASHIR SHEIKH, Plaintiff Appellant, v. GRANT REGIONAL HEALTH CENTER, Defendant Appellee. Appeal from the United States District

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information