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Volume 10, Spring 2010

Court/Tribunal: European Court of Human Rights
Case: Demopoulos and Others v. Turkey (2010)
Written by: David Kim

            The Applicants in this case are a group of Greek-Cypriots who claimed to own or partly own immovable or movable property in the northern part of Cyprus that was under the control of the Turkish Republic of Northern Cyprus (“TRNC”).  The applicant claims that they have been deprived of their property rights since 1974. The applicants maintain that under Article 8 of the Convention and Article 1 of Protocol No. 1, they have been deprived of the use of their property. Read more...

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Court/Tribunal: European Court of Human Rights
Case: Flux v. Moldova (2009)
Written by: Jessica Cooper

            On February 24th of 2009, the European Court of Human Rights (“European Court”) overturned a decision by Moldova’s Supreme Court of Justice regarding the fragile balance between freedom of expression and protection of individuals’ dignity and reputation. Read more...

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Court/Tribunal: Constitutional Court of the Czech Republic
Case: Judgment on the Lisbon Treaty (II) (2009)
Written by: Neil Berkowitz and Ryan Rivard

           On November 3, 2009, the Constitutional Court of the Czech Republic issued its opinion in case Pl. ÚS 29/09.  In this case, the Court revisited issues dating back to the Czech Republic’s negotiations and ultimate signature of the Treaty of Lisbon. The Treaty of Lisbon consists of two main parts: one amending various provisions of the Treaty on the European Union; and the second amending various provisions of the Treaty establishing the European Community.  The Czech government approved negotiation of the Treaty of Lisbon with resolution no. 1367 in December 2007. The treaty was signed by representatives of European Union member states later that month and signed by the Prime Minister of the Czech Republic in January 2008. Read more...

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Court/Tribunal: International Criminal Tribunal for the former Yugoslavia
Case:Prosecutor v. Dragomir Milosevic
Written by: Joseph Sellers

         Pursuant to the Scheduling Order of October 15, 2009 and Rule 117(D) of the Rules of Procedure and Evidence of the Tribunal, the Appeals Chamber delivered its judgment in the case of the Prosecutor v. Dragomir Milosevic.  The events giving rise to the appeals took place in the city of Sarajevo, Bosnia and Herzegovina, between August 1994 and November 1995.  During that period, Dragomir Milosevic held the position of Commander of the Sarajevo Romanija Corps (“RSK”).  The Trial Chamber found that the SRK soldiers under the command of Milosevic were responsible for continuously sniping and shelling the area of Sarajevo, which resulted in the death and serious injury of many civilians.  The Trial Chamber thus found Milosevic guilty pursuant to Article 7(1) of the Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (the “Statute”) on various counts. Read more...

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Court/Tribunal: House of Lords: United Kingdom
Case: AS (Somalia) v. Secretary of State for the Home Department
Written by: Harrison Barrow

In July of 2003, Ahmed and Hadaya, two Somali war orphans, applied for entry clearance to the United Kingdom to live with their cousin, Ms. Omar.  Ahmed and Hadaya’s parents were killed in the Somali Civil war in 1998, and Ms. Omar’s mother had taken them in.  In 2000, the cousin’s mother, father, and husband were killed, leaving Ms. Omar to take care of Ahmed and Hadaya.  Ms. Omar remarried, and was soon thereafter imprisoned in a detention camp.  Her mother-in-law assumed responsibility for the children, along with Ms. Omar’s own child.  Ms. Omar eventually escaped the detention camp and sought refuge in the United Kingdom, where her child, Hafsa, eventually joined her. Read more...