train
stringlengths 1
177k
|
---|
every decorative choice had been made with the goal of calming patients down . |
`` well , well , russell , '' a male voice interrupted from the doorway behind them . |
peeved all over again , i ran my tongue over my teeth . |
`` in fact , i 'd quite given up on your playing the hero . |
i wanted to make love to luke . |
jax 's long stride easily overtook mine . |
since it was saturday night , the streets were packed and we ended up having to park in a garage two blocks down from flux . |
she pulled back to regard him with a somber expression . |
at this point , i believe it will be the humans and i believe they will attack this place very soon . |
outside of a sore toe , tara was less scared than she thought she 'd be when the next man came forward . |
i removed the damp towels covering both of my parents ' foreheads and replaced them with fresh ones from the ice bucket . |
she crossed her arms over her chest and glared at him . |
it 's for some people who were n't able to go home to see family for the holidays . '' |
sitting here , thinking like this , was n't good . |
'she 's dead . ' |
i only wish there was something i could give you back that meant as much as what you did for me . |
`` yes , '' he said , and he stepped out into the light . |
but i swear her skin had chemically altered it , making it smell better than anything i 'd ever smelled in my entire life . |
he 's chosen steel and fury . |
spector clutched his way back to his seat without waiting for a reply . |
`` where is she , jules ? '' |
bring three of your best men . |
yes , as a matter of fact . |
they set their bags down at the front door and proceeded to go further into the house . |
her eyes went wide with hurt . |
i caught a glimpse from the corner of my eye of noah on the fast track toward us , so i took a step back . |
`` run to the office . |
barabas nodded and passed me a small white rectangle folded in half . |
why are they staring ? |
the skinjacker to the right was tall and thin , with a puffy , rodentlike face . |
`` it 's the same with me . |
give out . |
i managed to duck all the blows micah was aiming at my head , but he suddenly switched tactics and jabbed me in the stomach . |
he had opened the backpack and pulled out a small , wire-bound notebook . |
that you 're just going to chew them up and spit them out . '' |
i needed to shut up . |
he stepped back and tugged on his hair . |
baldwin shrugged . |
she asked , quietly . |
after a week of hearing about nothing else , he should have realized that the winter carnival was taken very seriously by everybody . |
`` all right , '' i said , walking . |
but that would just hurt jimmy . |
he hesitated for a moment before answering me . |
she was volatile and completely mental . |
i could not have done it alone . |
to distract himself he reflected on his previous recent visits to the kebab makers . |
the following day he woke before the sun arose and waited by the door . |
he rests his head back on my pillow . |
`` i have patients scheduled ... '' moody brushed it aside . |
then he shakes his head and looks at the man of god eye to eye . |
`` they brought some new friends they met at a bar . '' |
you know for people living in grass huts , perhaps any fire is too dangerous to be insulted with a female form . |
quinn studied gene . |
either way , eldon had bought him time with her , just as he 'd asked . |
greg was at my side as quickly as he could get there . |
i observed , glad that the old man could make it . |
The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human rights treaty ratified by members of the Organization of American States (OAS).
Pursuant to American Convention, the Inter-American Court works with the Inter-American Commission to uphold and promote basic rights and freedoms. It has jurisdiction within around 20 of the 35 member states in the Americas that have taken steps to acceded to its authority, the vast majority in Latin America. The court adjudicates claims of human rights violations by government and issues advisory opinions on interpretations of certain legal matters. Twenty-nine OAS members are also members of the wider-scale International Criminal Court.
Purpose and functions
The Organization of American States established the Court in 1979 to enforce and interpret the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states.
Adjudicatory function
The adjudicatory function requires the Court to rule on cases brought before it in which a state party to the Convention, and thus has accepted its jurisdiction, is accused of a human rights violation.
In addition to ratifying the Convention, a state party must voluntarily submit to the Court's jurisdiction for it to be competent to hear a case involving that state. Acceptance of contentious jurisdiction can be given on a blanket basis – to date, Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Trinidad and Tobago, Venezuela and Uruguay have done so (though Trinidad and Tobago and Venezuela have subsequently withdrawn) – or, alternatively, a state can agree to abide by the Court's jurisdiction in a specific, individual case.
Under the Convention, cases can be referred to the Court by either the Inter-American Commission on Human Rights or a state party. In contrast to the European human rights system, individual citizens of the OAS member states are not allowed to take cases directly to the Court.
The following conditions must be met:
Individuals who believe that their rights have been violated must first lodge a complaint with the Commission and have that body rule on the admissibility of the claim.
If the case is ruled admissible and the state deemed at fault, the Commission will generally serve the state with a list of recommendations to make amends for the violation.
Only if the state fails to abide by these recommendations, or if the Commission decides that the case is of particular importance or legal interest, will the case be referred to the Court.
The presentation of a case before the Court can therefore be considered a measure of last resort, taken only after the Commission has failed to resolve the matter in a non-contentious fashion.
Proceedings before the Court are divided into written and oral phases.
Written phase
In the written phase, the case application is filed, indicating the facts of the case, the plaintiffs, the evidence and witnesses the applicant plans to present at trial, and the claims for redress and costs. If the application is ruled admissible by the Court's secretary, notice thereof is served on the judges, the state or the Commission (depending on who lodged the application), the victims or their next-of-kin, the other member states, and OAS headquarters.
For 30 days following notification, any of the parties in the case may submit a brief containing preliminary objections to the application.
If it deems necessary, the Court can convene a hearing to deal with the preliminary objections.
Otherwise, in the interests of procedural economy, it can deal with the parties' preliminary objections and the merits of the case at the same hearing.
Within 60 days following notification, the respondent must supply a written answer to the application, stating whether it accepts or disputes the facts and claims it contains.
Once this answer has been submitted, any of the parties in the case may request the Court president's permission to lodge additional pleadings prior to the commencement of the oral phase.
Oral phase
The president sets the date for the start of oral proceedings, for which the Court is considered quorate with the presence of five judges.
During the oral phase, the judges may ask any question they see fit of any of the persons appearing before them. Witnesses, expert witnesses, and other persons admitted to the proceedings may, at the president's discretion, be questioned by the representatives of the Commission or the state, or by the victims, their next-of-kin, or their agents, as applicable. The president is permitted to rule on the relevance of questions asked and to excuse the person asked the question from replying, unless overruled by the Court.
Ruling
After hearing the witnesses and experts and analyzing the evidence presented, the Court issues its judgment.
Its deliberations are conducted in private and, once the judgment has been adopted, it is notified to all the parties involved.
If the merits judgment does not cover the applicable reparations for the case, they must be determined at a separate hearing or through some other procedure as decided on by the Court.
The reparations the Court orders can be both monetary and non-monetary in nature. The most direct form of redress are cash compensation payments extended to the victims or their next-of-kin. However, the state can also be required to grant benefits in kind, to offer public recognition of its responsibility, to take steps to prevent similar violations occurring in the future, and other forms of non-monetary compensation.
For example, in its November 2001 judgment in the Barrios Altos case – dealing with the massacre in Lima, Peru, of 15 people at the hands of the state-sponsored Colina Group death squad in November 1991 – the Court ordered payments of US$175,000 for the four survivors and for the next-of-kin of the murdered victims and a payment of $250,000 for the family of one of the victims.
It also required Peru:
to grant the victims' families free health care and various forms of educational support, including scholarships and supplies of school uniforms, equipment, and books;
to repeal two controversial amnesty laws;
to establish the crime of extrajudicial killing in its domestic law;
to ratify the International Convention on the Nonapplicability of Statutory Limitations to War Crimes and Crimes against Humanity;
to publish the Court's judgment in the national media;
to publicly apologize for the incident and to undertake to prevent similar events from recurring in the future;
and to erect a memorial monument to the victims of the massacre.
While the Court's decisions admit no appeal, parties can lodge requests for interpretation with the Court secretary within 90 days of judgment being issued. When possible, requests for interpretation are heard by the same panel of judges that ruled on the merits.
Advisory function
The Court's advisory function enables it to respond to consultations submitted by OAS agencies and member states regarding the interpretation of the Convention or other instruments governing human rights in the Americas; it also empowers it to give advice on domestic laws and proposed legislation, and to clarify whether or not they are compatible with the Convention's provisions. This advisory jurisdiction is available to all OAS member states, not only those that have ratified the Convention and accepted the Court's adjudicatory function. The Court's replies to these consultations are published separately from its contentious judgments, as advisory opinions.
Membership
The Convention entered into force in 1978. All Latin American countries but Cuba are members, as are Suriname and a few Anglophone countries in the Caribbean.
Trinidad and Tobago signed the Convention on 28 May 1991 but suspended its ratification on 26 May 1998 (effective 26 May 1999) over the death penalty issue. In 1999, under President Alberto Fujimori, Peru announced it was withdrawing its acceptance of the Court's jurisdiction. This decision was reversed by the transitional government of Valentín Paniagua in 2001.
Venezuela withdrew from the convention in 2013 under the Maduro government. On 15 May 2019, the National Assembly (opposition Guaidó government) nullified the withdrawal.
The Dominican Republic stated in 2014 that it was withdrawing from the IACtHR, the withdrawal would have come into effect the following year. However, the IACtHR notes that the withdrawal was never legally implemented, and as of its 2017 annual report, the IACtHR still counted the Dominican Republic as a member.
The United States signed but never ratified the Convention.
Composition
The court consists of seven judges, held to the highest moral judgement who have a high competency in human rights law. These judges are elected to six-year terms by the OAS General Assembly; each judge may be reelected for an additional six-year term.
Recent policy changes state, when serving on the court, judges are expected to act as individuals, not representing their state. They must be OAS member states' nationals; however, they do not need to be individuals of a state that has ratified the American Convention or accepted jurisdiction of the Court. Judges are required to recuse themselves from cases involving their home country. States parties are no longer permitted to name a judge ad hoc to their case if a sitting judge is not from their country. If a judge is a national of one of the State Parties to the case, the State Parties can only designate a judge ad hoc if there are inter-state complaints. In order to be nominated as a judge, one must be a national of a member state of OAS, a jurist, have the 'highest moral authority', have high competency of human rights law, have 'the qualifications required for the exercise of the highest judicial functions in conformity with the law of the state of which they are nationals or of the state that proposes them as candidates'.
'Highest Moral Authority' is loosely defined by the ACHR as never having never been convicted of a crime, suspended or expelled from the legal profession, or dismissed from public office.
Judges are elected by State Parties to the Convention from a list of nominated candidates. Each State Party may nominate up to three candidates, but if nominating three, at least one of the three must be a national of a state other than the nominating state. The Secretary General of the OAS organizes the candidates alphabetically and forwards it to the State Parties. The election consists of a secret ballot, requiring an absolute majority of the State Parties to the Convention. Those who receive the most votes are elected.
After the Convention came into force on 18 July 1978, the first election of judges took place on 22 May 1979. The new Court first convened on 29 June 1979 at the Organization of American States Headquarters in Washington, D.C., United States.
Criticisms
The Court's behaviour has also been criticized. Among other issues, some authors have criticized the politicization of the Court. Furthermore, the process of nomination and election is a subject of criticism. It is not a transparent or accountable process at both the National and International levels. There is a push for the OAS to create an independent group in charge of evaluating candidates. Another independent group in charge of overseeing the national processes and ranking the candidates that is separate from OAS is a proposed initiative by scholars to address these criticisms. These would ensure that all candidates have been through two reviews on the National and International level before being able to be elected.
Fair representation when it comes to candidates is also a point of contempt. Scholars have stated that State Parties should strive for equal representation in terms of geographic sub-regions, different ethnic and cultural groups, and female and male judges; however, this should be done without straying from the high standards and qualifications required for candidates.
"Highest Moral Authority", a requirement for nomination, is often criticized because its vagueness. The necessary qualifications are not clearly defined and vary from country to country. The minimum age ranges from none to 45 years old and the number of years of experience ranges from 10–15 years and only Paraguay requires candidates to have a PhD.
Some of the latest criticisms come from Peru and Venezuela. Venezuela subsequently withdrew from the system after President Hugo Chávez declared the court's decision to rule Venezuela guilty of holding a prisoner in inhumane jail conditions as invalid. Up to then, Trinidad and Tobago had been the only state to withdraw. Peru tried to do so, but did not follow the appropriate procedure.
Personnel
Current Judges
Former Presidents of the Court
Former members of the Court
Notable cases heard by the Court
See also
European Court of Human Rights, regional court originally established in 1959
African Court on Human and Peoples' Rights, regional court established in 2006
International Criminal Court
References
Further reading
T. Antkowiak, A. Gonza, THE AMERICAN CONVENTION ON HUMAN RIGHTS: ESSENTIAL RIGHTS, Oxford University Press, 2017.
T. Buergenthal, R. Norris, D. Shelton, Protecting Human Rights in the Americas. Cases and material, Kehl, N.P Engel Publisher. Verlag, 1995.
L. Burgorgue-Larsen, A. Ubeda de Torres, The Inter-American Court of Human Rights. Case law and Commentary, Oxford, OUP, 2011.
L. Hennebel, "The Inter-American Court of Human Rights: The Ambassador of Universalism", Quebec Journal of International Law, Special Edition, p. 57, 2011.
External links
IACHR case law and basic documents
International courts and tribunals
Intergovernmental human rights organizations
Organization of American States
Human rights in Latin America
Intergovernmental organizations established by treaty
Human rights courts
Courts and tribunals established in 1979 |
patty came and found me . |
the seconds feel like an eternity as he stares down at me , our eyes locked , as if he 's challenging me . |
but you are right : he can be one of the pieces of the puzzle . |
i pick it up . |
leanansidhe pursed her lips as if she 'd swallowed something sour . |
he smiled . |
hasnt the prince said : i will leave you but there will come a time and i will send a comforter , who will witness the truth just like you ? |
i forgot he 's only seen me with the contacts on . |
`` i need to- '' he said , and stopped . |
`` you 're stunning , '' he said from the doorway . |
think he might find some time to cut you some slack ? '' |
`` ruby . '' |
if there had been any other cars on the road it would have looked like a strange funeral procession , but there was no other traffic . |
the thoughts that filled my head then could scarcely be called that , more impulses , urges . |
sam kept pace along with me easily . |
her screams could be heard for several minutes . |
`` this might just be the most lovely part of you , '' damien said , bending his head to lick her wetness . |
maybe i should- '' she looked up at him , startled and bewildered , and saw his expression change , the shutters going up behind his eyes , hiding his brief vulnerability . |
`` we 'll talk about it later . '' |
the street lamp cast enough light that i saw his face was livid and pale . |
`` how did you know we were going to be here ? '' |
they scowled at each other , neither speaking . |
he reached an intersection , the traffic light red . |
we know this is a painful time for you '' `` sudden , '' she said . |
Alexa Bank is a seamount in Samoa, northwest of Rotuma. The seamount reaches a depth of below sea level and has the appearance of an atoll with a flat top and steep slopes. Some active coral growth takes place at its top, but if it ever was an active atoll it has now drowned. It was probably formed by the Samoa hotspot 24 million years ago, although older volcanism about 40 million years ago has also been identified.
Geology and geomorphology
Local
Alexa Bank rises to depths of , has an eastward elongated flat top and is long and wide, widening towards the west; such dimensions resemble these of Savaii and Upolu in Samoa. The flat top has some features of an atoll including a raised rim, and it may indeed once have been an atoll. The rim is surrounded by a narrow terrace and in turn encloses a much wider terrace, that surrounds the flat top at an average depth of . The northern and southern flanks are formed by steep scarps, with the eastern slope featuring a terrace at depth and the western slope extending as a long volcanic ridge.
The upper of the Bank are formed by carbonate sediments, while the eastern slope terrace may be part of the original volcanic edifice that was carried to this depth by thermal subsidence of the oceanic crust; seismic data may support the existence of a volcano within the carbonate sediments that form the bulk of Alexa Bank as well. Such thicknesses of the sediments are comparable to these of Bikini Atoll and Eniwetok.
Regional
The seafloor around Alexa Bank has a rough relief, with additional seamounts known as the Louisa Bank, Morton Bank, Penguin Bank and Turpie Bank nearby; the last two are often considered to be part of Alexa Bank. The deep Alexa Trough lies west and south of Alexa Bank and is part of the Vitiaz Trench, connecting it with the Tonga Trench. The bank itself is part of the "Melanesian Border Plateau", a group of seamounts and islands along the Vitiaz Trench that are mostly of volcanic origin.
Alexa Bank appears to be the westernmost extension of the Samoa hotspot trail, which has covered a length of at least. The hotspot trail is in part coincident with a large group of islands and seamounts which were probably formed by the same hotspot but also featured substantial postshield volcanism, probably owing to tectonic phenomena triggered by the Tonga Trench close by. The seafloor is part of the Pacific Plate.
Composition
Samples dredged from the Alexa Bank include basaltic rocks and have alkali basalt to tholeiitic composition. Isotope data display affinities to these from other Samoan volcanoes. Other rocks dredged from the seamount are argillite, breccia, shale and siltstone but they may not have originated on Alexa Bank proper.
Geologic history
Rocks from Alexa Bank have been dated to be 37–36.9 million years old and may be a product of Eocene volcanism. More recent age estimates are 24 million years ago, while fossil data have been inferred to justify a Cretaceous age.
Alexa Bank has been considered to be a product of the Samoa hotspot, but its age may be too high to be a product of this hotspot. The newer age measurements however are consistent with the association with the Samoa hotspot. Some tectonic activity may have continued until later times, leading to the development of segmentation and tilting.
The bank was probably an atoll during the Pleistocene and then drowned. It is possible that unusually rapid geological subsidence of Alexa Bank outpaced the ability of its reefs to keep up. Originally, the flat surface of Alexa was explained by wave erosion during sea level lowstands.
Biology
Dead corals and foraminifera occur on Alexa Bank. Some corals are still alive and form pinnacles on the surface of the bank. Algal rhodoliths and stromatoliths have been found on Alexa as well. The Japanese snake blenny has been found at Alexa Bank. Radiolarians in Eocene-Quaternary sediments south of Alexa Bank probably originate there.
References
Sources
Eocene volcanoes
Seamounts of the Pacific Ocean
Volcanoes of the Pacific Ocean
Undersea banks of the Pacific Ocean
Western Samoan Volcanic Province |
`` hot dogs ? '' |
i was thinking about that when i asked about you and jenny . |
can you give me a moment or three alone with my husband ? |
i do n't know . |
who could he trust ? |
but i heard you dorchester folk had made a great wall and ditch , impregnable it was said , which you townsmen yourselves could have defended against all comers . |
it was not leon lassiter . |
tex , i wanted tex , but he did n't return . |
he needs gideon to visit the other time travelers and get a drop of their blood so as to close the circle . '' |
or if he won ... she had n't taken off his ring . |
all of this populist posturing was probably just his way of fishing for votes . |
`` then fight for her , '' she whispered . |
klein wasnt prepared for any of this . |
`` looks like you need me to warm you up , '' he said , and she continued trembling in excited anticipation . |
she smiled as if understanding the unspoken question . |
honey , my ma . |
what ? |
i kiss him on his forehead and make my way down to his lips and neck . |