Defining Arbitrary Detention
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Zootaxa, New Species of Phrynocephalus
Zootaxa 1988: 61–68 (2009) ISSN 1175-5326 (print edition) www.mapress.com/zootaxa/ Article ZOOTAXA Copyright © 2009 · Magnolia Press ISSN 1175-5334 (online edition) New species of Phrynocephalus (Squamata, Agamidae) from Qinghai, Northwest China XIANG JI1, 2 ,4, YUE-ZHAO WANG3 & ZHENG WANG1 1Jiangsu Key Laboratory for Biodiversity and Biotechnology, College of Life Sciences, Nanjing Normal University, Nanjing 210046, Jiangsu, China 2Hangzhou Key Laboratory for Animal Sciences and Technology, School of Life Sciences, Hangzhou Normal University, Hangzhou 310036, Zhejiang, China 3Chengdu Institute of Biology, Academy of Sciences, Chengdu 610041, Sichuan, China 4Corresponding author. E-mail: [email protected]; Tel: +86-25-85891597; Fax: +86-25-85891526 Abstract A new viviparous species of Phrynocephalus from Guinan, Qinghai, China, is described. Phrynocephalus guinanensis sp. nov., differs from all congeners in the following combination of characters: body large and relatively robust; dorsal ground color of head, neck, trunk, limbs and tail brown with weak light brown mottling; lateral ground color of head, neck, trunk and tail light black with weak white-gray mottling in adult males, and green with weak white-gray mottling in adult females; ventral ground color of tail white-gray to black in the distal part of the tail in adult males, and totally white-gray in adult females; ventral surfaces of hind-limbs white-gray; ventral surfaces of fore-limbs brick-red in adult males, and white-gray in adult females; ventral ground color of trunk and head black in the center but, in the periphery, brick-red in adult males and white-gray in adult females. -
Three Frameworks for Detaining Terrorist Suspects
RETHINKING “PREVENTIVE DETENTION” FROM A COMPARATIVE PERSPECTIVE: THREE FRAMEWORKS FOR DETAINING TERRORIST SUSPECTS Stella Burch Elias* ABSTRACT President Barack Obama has convened a multi-agency taskforce whose remit includes considering whether the United States should continue to hold terrorist suspects in extra-territorial “preventive detention,” should develop a new system of “preventive detention” to hold terrorist suspects on domestic soil, or should eschew any use of “preventive detention.” American scholars and advocates who favor the use of “preventive detention” in the United States frequently point to the examples of other countries in support of their argument. At the same time, advocates and scholars opposed to the introduction of such a system also turn to comparative law to bolster their arguments against “preventive detention.” Thus far, however, the scholarship produced by both sides of the debate has been limited in two key respects. Firstly, there have been definitional inconsistencies in the literature—the term “preventive detention” has been used over- broadly to describe a number of different kinds of detention with very little acknowledgment of the fundamental differences between these alternative regimes. Secondly, the debate has been narrow in scope— focusing almost exclusively on “preventive detention” in three or four other (overwhelmingly Anglophone) countries. This Article seeks to * Law Clerk to the Honorable Stephen Reinhardt. Yale Law School, J.D. 2009. I am very grateful to Harold Hongju Koh, Hope Metcalf, Judith Resnik, Reva Siegel, Muneer Ahmad, Sarah Cleveland, and John Ip for their generous advice and thoughtful comments on earlier versions of this article, to Allison Tait, Megan Barnett, and the Yale Law Teaching Series workshop participants for their helpful feedback, and to Meera Shah, Megan Crowley, and the Columbia Human Rights Law Review for their terrific editing. -
VIII. Arbitrary Arrest and Detention
HUMAN RIGHTS UNDER CHINA’S SHADOW Mistreatment of Tibetans in Nepal WATCH Under China’s Shadow Mistreatment of Tibetans in Nepal Copyright © 2014 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-1135 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org MARCH 2014 978-1-62313-1135 Under China’s Shadow Mistreatment of Tibetans in Nepal Map of Nepal ....................................................................................................................... i Summary .......................................................................................................................... -
Germany 2020 Human Rights Report
GERMANY 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Germany is a constitutional democracy. Citizens choose their representatives periodically in free and fair multiparty elections. The lower chamber of the federal parliament (Bundestag) elects the chancellor as head of the federal government. The second legislative chamber, the Federal Council (Bundesrat), represents the 16 states at the federal level and is composed of members of the state governments. The country’s 16 states exercise considerable autonomy, including over law enforcement and education. Observers considered the national elections for the Bundestag in 2017 to have been free and fair, as were state elections in 2018, 2019, and 2020. Responsibility for internal and border security is shared by the police forces of the 16 states, the Federal Criminal Police Office, and the federal police. The states’ police forces report to their respective interior ministries; the federal police forces report to the Federal Ministry of the Interior. The Federal Office for the Protection of the Constitution and the state offices for the protection of the constitution are responsible for gathering intelligence on threats to domestic order and other security functions. The Federal Office for the Protection of the Constitution reports to the Federal Ministry of the Interior, and the state offices for the same function report to their respective ministries of the interior. Civilian authorities maintained effective control over security forces. Members of the security forces committed few abuses. Significant human rights issues included: crimes involving violence motivated by anti-Semitism and crimes involving violence targeting members of ethnic or religious minority groups motivated by Islamophobia or other forms of right-wing extremism. -
Lessons Learned from China's Solar Policies
Lessons learned from China’s solar policies: Implications for Southeast Asia Dr Sam Geall chinadialogue [email protected] April 2019, Wilson Center 19th Party Congress, 2017: the “Driver’s Seat”? • In 3+ hours, Xi’s speech had 89 mentions of ‘environment,’ just 70 of the ‘economy’ • China now “is in the driver’s seat” on climate cooperation • Poverty alleviation focus: “Down-to-earth, adaption to local conditions, classified guidance and targeted poverty alleviation” China’s 13th Five Year Plan (2016-2020) • The “new normal”: from investment-led to consumer-led growth, innovation and services • “Ecological civilization”: focus on green policies and technologies • Energy efficiency, promotion of renewables and reduction of coal in the energy mix: 18% reduction in carbon intensity from 2015 levels by 2020 • 15% reduction in energy intensity • 15% of primary energy from non fossil sources • Reduce energy consumption below 5 billion tonnes of standard coal equivalent by 2020 Top Five Countries Annual Investment/Capacity Additions /Production in 2016 Source: REN21 2017 China’s solar industry boom • Crisis in 2010 led to government intervention; • Domestic market boom between 2010 and 2015; • 15GW installed in 2015 alone; • Hit the ceiling when power grid has no capacity for accommodation and transmission; • Curtailment reaches 50% in some areas in early 2016; • Distributed system favored by government but not by private investors Why renewables for development? • Renewable energy technologies: • help to mitigate climate change • provide cheap and reliable energy to areas where grid-based provision is unreliable or otherwise prohibited by geography or high costs • improve energy availability, energy security and economic resilience. -
Qinghai WLAN Area 1/13
Qinghai WLAN area NO. SSID Location_Name Location_Type Location_Address City Province 1 ChinaNet Quality Supervision Mansion Business Building No.31 Xiguan Street Xining City Qinghai Province No.160 Yellow River Road 2 ChinaNet Victory Hotel Conference Center Convention Center Xining City Qinghai Province 3 ChinaNet Shangpin Space Recreation Bar No.16-36 Xiguan Street Xining City Qinghai Province 4 ChinaNet Business Building No.372 Qilian Road Xining City Qinghai Province Salt Mansion 5 ChinaNet Yatai Trade City Large Shopping Mall Dongguan Street Xining City Qinghai Province 6 ChinaNet Gome Large Shopping Mall No.72 Dongguan Street Xining City Qinghai Province 7 ChinaNet West Airport Office Building Business Building No.32 Bayi Road Xining City Qinghai Province Government Agencies 8 ChinaNet Chengdong District Government Xining City Qinghai Province and Other Institutions Delingha Road 9 ChinaNet Junjiao Mansion Business Building Xining City Qinghai Province Bayi Road Government Agencies 10 ChinaNet Higher Procuratortate Office Building Xining City Qinghai Province and Other Institutions Wusi West Road 11 ChinaNet Zijin Garden Business Building No.41, Wusi West Road Xining City Qinghai Province 12 ChinaNet Qingbai Shopping Mall Large Shopping Mall Xining City Qinghai Province No.39, Wusi Avenue 13 ChinaNet CYTS Mansion Business Building No.55-1 Shengli Road Xining City Qinghai Province 14 ChinaNet Chenxiong Mansion Business Building No.15 Shengli Road Xining City Qinghai Province 15 ChinaNet Platform Bridge Shoes City Large Shopping -
Preventive Detention Draft 1
Volume 14, No. 1 2010 TOURO INTERNATIONAL LAW REVIEW 128 EXTREME MEASURES: DOES THE UNITED STATES NEED PREVENTIVE DETENTION TO COMBAT DOMESTIC TERRORISM? By Diane Webber Preventive detention: “an extreme measure which places the individual wholly under the control of the state, not as a punishment for a proven transgression of the law but rather as a precautionary measure based on a presumption of actual or future criminal conduct…” 1 ABSTRACT This paper deals with preventive detention in the United States, i.e. the detaining of a suspect to prevent a future domestic terrorist offense. Two recent events are examined: the Fort Hood shootings; and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. The paper demonstrates that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible terrorist acts, the paper proposes three possible ways to fill this gap in U.S. law, and give the United States the same tools to fight terrorism as the other countries discussed in the paper, within the boundaries of the Constitution. Diane Webber, Solicitor of the Senior Courts of England and Wales, LL.B. University College London, LL.M. Georgetown University, Candidate for SJD Georgetown University expected completion in 2014. I would like to thank Professor David P. Stewart for all his help and guidance, and my family John Webber, Daniel Webber and Katie Hyman for their unwavering support and encouragement. -
Alternative Report About Torture Situation in Peru by the Group Against Torture of the National Coordinator of Human Rights
ALTERNATIVE REPORT ABOUT TORTURE SITUATION IN PERU BY THE GROUP AGAINST TORTURE OF THE NATIONAL COORDINATOR OF HUMAN RIGHTS I.- Presentation: The National Coordinator of Human Rights (CNDDHH) is a human right’s collective which groups 79 non-governmental organizations dedicated to defend, promote and educate in human Rights in Peru. It is also, an organization with a special consultative status in the Social and Economic Council of United Nations (UN) and is credited to participate in activities of the Organization of American States (OAS). The present report was developed by the Work Group against Torture of the CNDDHH, specifically on behalf of the Executive Secretariat of the CNDDHH, the Episcopal Commission for Social Action (CEAS), the Center for Psychosocial Care (CAPS) and the Human Rights Commission (COMISEDH). This report expects to report the human rights situation in our country, dealing specifically with problems regarding torture, taking as starting point the information delivered, on behalf of the Peruvian State, in the document called: “Sixth Periodical Report that the State parties must present in 2009, submitted in response to the list of issues (CAT/CPER/Q/6) transmitted to the State party pursuant to the optional reporting procedure (A/62/44, paras. 23 and 24). Peru” dated 28 th July 2011. The information delivered will regard issues that the Committee against Torture (CAT) has formulated to the Peruvian State, taking into account the information we have according to the lines of work of each institution which took part developing the present report. II.- Information regarding the Conventions articles ARTÍCLE 2º 1. -
Genetic Signatures of High-Altitude Adaptation and Geographic
www.nature.com/scientificreports OPEN Genetic signatures of high‑altitude adaptation and geographic distribution in Tibetan sheep Jianbin Liu1,2*, Chao Yuan1,2, Tingting Guo1,2, Fan Wang3, Yufeng Zeng1, Xuezhi Ding1, Zengkui Lu1,2, Dingkao Renqing4, Hao Zhang5, Xilan Xu6, Yaojing Yue1,2, Xiaoping Sun1,2, Chune Niu1,2, Deqing Zhuoga7* & Bohui Yang1,2* Most sheep breeding programs designed for the tropics and sub‑tropics have to take into account the impacts of environmental adaptive traits. However, the genetic mechanism regulating the multiple biological processes driving adaptive responses remains unclear. In this study, we applied a selective sweep analysis by combing 1% top values of Fst and ZHp on both altitude and geographic subpopulations (APS) in 636 indigenous Tibetan sheep breeds. Results show that 37 genes were identifed within overlapped genomic regions regarding Fst signifcantly associated with APS. Out of the 37 genes, we found that 8, 3 and 6 genes at chromosomes (chr.) 13, 23 and 27, respectively, were identifed in the genomic regions with 1% top values of ZHp. We further analyzed the INDEL variation of 6 genes at chr.27 (X chromosome) in APS together with corresponding orthologs of 6 genes in Capra, Pantholops, and Bos Taurus. We found that an INDEL was located within 5′UTR region of HAG1 gene. This INDEL of HAG1 was strongly associated with the variation of APS, which was further confrmed by qPCR. Sheep breeds carrying “C‑INDEL” of HAG1 have signifcantly greater body weight, shear amount, corpuscular hemoglobin and globulin levels, but lower body height, than those carrying “CA‑INDEL” of HAG1. -
An Analysis of Preventive Detention for Serious Offenders
An Analysis of Preventive Detention for Serious Offenders PETER MARSHALL* I INTRODUCTION Modem societies are increasingly concerned with risk and the management of insecurity. Preventive detention occupies a key role in the penal response. It is difficult to deny that particularly dangerous offenders should be detained for substantial periods until the risk they pose has reduced. Indeed many Western constituencies demand laws providing these powers. However, preventive detention is an extremely serious and invasive intervention, bearing directly on fundamental human rights and civil liberties. It is also an inherently expansionist policy, often driven by fear and alarm.' As such a detailed examination of the complexities with, and objections to, the practice of preventive detention is appropriate. The term "preventive detention" as used in this paper is a general species of sentence defined by three characteristics: it is of indefinite duration; it is targeted at "dangerous" offenders; and it is intended to prevent the offender from causing serious harm in the future. While the term preventive detention is used in New Zealand, the sentence goes by a myriad of aliases in other jurisdictions. As this paper takes a generic focus, a variety of equivalent rather than jurisdiction-specific terms are used to refer to these indefinite sentences for public protection. Discussion of, and objections to, indefinite sentences come from many different fields, including philosophy, ethics, human rights, the medical and predictive sciences, and legal theory. The concerns expressed are serious, but always contested. Although the legitimacy or illegitimacy of preventive detention cannot be determined on the basis of any one set of considerations, all have a role to play in defining the requirements for a justifiable form of this sentence. -
1 Preventive Detention in Europe and the United States © Christopher
Preventive Detention in Europe and the United States © Christopher Slobogin Vanderbilt University Law School Introduction In M. v. Germany,1 decided in 2010, the European Court of Human Rights addressed the legality of indeterminate criminal dispositions based in whole or part on assessments of risk. In more general terms, the case examines the tension between the government’s desire to keep dangerous people off the streets and a convicted offender’s interest in avoiding prolonged confinement based solely on predictions of antisocial behavior. The decisions in this case—from the lower level German courts, through the Federal Constitutional Court in Germany, to the European Court of Human Rights—illustrate a range of approaches to this difficult issue. This paper provides both a discussion of M. v. Germany on its own terms and a comparison of the case with United States law on preventive detention, particularly as laid out in the U.S. Supreme Court’s decision in Kansas v. Hendricks,2 and related sentencing jurisprudence. Read narrowly, the European Court’s decision in M. is consistent with Hendricks. Both cases prohibit indeterminate incarceration based solely on a prediction of future conduct when the incarceration is punitive in nature. Both also appear to allow non-punitive preventive detention, particularly of people with serious mental disorder. Read broadly, however, M.’s definition of “punitive” appears to be different than Hendricks’. Further, the limitations that M. imposes on indefinite detention that occurs in connection with criminal sentencing may be more stringent than those required by American constitutional restrictions on punishment. The European Court’s treatment of preventive detention ends up being both more nuanced and less formalistic than American caselaw, but it stills leaves a number of questions unanswered. -
Studies on Ethnic Groups in China
Kolas&Thowsen, Margins 1/4/05 4:10 PM Page i studies on ethnic groups in china Stevan Harrell, Editor Kolas&Thowsen, Margins 1/4/05 4:10 PM Page ii studies on ethnic groups in china Cultural Encounters on China’s Ethnic Frontiers Edited by Stevan Harrell Guest People: Hakka Identity in China and Abroad Edited by Nicole Constable Familiar Strangers: A History of Muslims in Northwest China Jonathan N. Lipman Lessons in Being Chinese: Minority Education and Ethnic Identity in Southwest China Mette Halskov Hansen Manchus and Han: Ethnic Relations and Political Power in Late Qing and Early Republican China, 1861–1928 Edward J. M. Rhoads Ways of Being Ethnic in Southwest China Stevan Harrell Governing China’s Multiethnic Frontiers Edited by Morris Rossabi On the Margins of Tibet: Cultural Survival on the Sino-Tibetan Frontier Åshild Kolås and Monika P. Thowsen Kolas&Thowsen, Margins 1/4/05 4:10 PM Page iii ON THE MARGINS OF TIBET Cultural Survival on the Sino-Tibetan Frontier Åshild Kolås and Monika P. Thowsen UNIVERSITY OF WASHINGTON PRESS Seattle and London Kolas&Thowsen, Margins 1/7/05 12:47 PM Page iv this publication was supported in part by the donald r. ellegood international publications endowment. Copyright © 2005 by the University of Washington Press Printed in United States of America Designed by Pamela Canell 12 11 10 09 08 07 06 05 5 4 3 2 1 All rights reserved. No part of this publication may be repro- duced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any infor- mation storage or retrieval system, without permission in writ- ing from the publisher.