Term

Amicus curiae brief

An amicus curiae brief is a written submission to a court in which an amicus curiae (literally a “friend of the court:” a person or organization who/which is not party to the proceedings) can set out legal arguments and recommendations in a given case.

Netherlands

Against progress: RWE sues the Netherlands

RWE

In December 2019, the Dutch parliament passed a law to phase out coal. With this, the country on the North Sea wants to ban the burning of coal for power generation from 2030, also in order to comply with its obligations under the Paris Climate Agreement. Among other things, the law obligated the energy company RWE to stop burning coal at its Eemshaven power plant by the end of the decade. RWE therefore sued the Netherlands for 1.4 billion euros in damages.

Argentina

Argentine court follows international jurisdiction on sexual violence

Military dictatorship

In October 2010, ECCHR, along with Theo van Boven filed two amicus curiae briefs before Argentinean courts. The briefs support four different cases in the trials regarding sexualviolence in detention centers during the military dictatorship.

Argentina

Mercedes Benz supported the Argentine military dictatorship

Military dictatorship

In the Mercedes Benz case ECCHR is assisting relatives of trade unionists who disappeared from a Mercedes Benz plant in Buenos Aires. A senior manager at the company stands accused of involvement in the disappearances and murders of trade union activists carried out by Argentine security forces.

India

India: Clinical trials with minors

Pharmaceutical industry

In 2009, the States of Andhra Pradesh and Gujarat launched a research project for the vaccination against the human papilloma virus (HPV). In 2010, the Government of India suspended the program as several violations of ethical standards were reported.

Institute

Crimes during liberation wars: The Lumumba murder

Research & Academia

The criminal investigation into Lumumba’s assassination is part of a broader context of structural impunity for the crimes committed by European colonial powers during decolonization. While the long-term effects of colonization persist, direct accountability is rarely possible.

Colombia

Amicus curiae brief on command responsibility in Colombia’s Special Jurisdiction for Peace

Peace process

ECCHR criticizes the passing of a new law in context of peace negotiations with Colombian FARC. The law contains gaps, including those regarding military commanders’ effective control over their subordinate units.

Nigeria

Kiobel case: ECCHR supports victims of corporate abuse before US Supreme Court

Torture

ECCHR supports claimants in a case of corporate crime in front of the US Supreme Court. The proceedings are a continuation of the high-profile case taken against Shell. The claimants argue that Shell, through its Nigerian subsidiary, aided and abetted crimes, including torture and extrajudicial executions.

Pakistan

KiK: Paying the price for clothing produced in South Asia

Textile industry

Transnational corporations responsibilities also extend to the working conditions in their subsidiary and supplier companies abroad. This position is supported by survivors and relatives of victims of the fatal fire at the Ali Enterprises textile factory in Karachi. Together with ECCHR, they filed a legal action for compensation against KiK.

Peru

Mining in the Andes: Complaint and lawsuit filed against Swiss firm Glencore, Switzerland and Peru

Mining

Mining projects in Africa, Asia and Latin America often give rise to environmental problems and social conflict. Local communities near the Tintaya Antapaccay mine in Peru have raised concerns about heavy metals polluting the water and associated health problems. The mine is run by a Glencore subsidiary.

Zimbabwe

International and national forums neglect indigenous land rights

Indigenous rights

Border Timbers Limited, a company owned by European investors, challenged the Zimbabwe government’s expropriation of its timber plantations in national and international forums. Indigenous communities, supported by ECCHR, have tried to assert their rights in these proceedings.

South Africa

Daimler and Rheinmetall facing lawsuit for supporting apartheid crimes

Apartheid

ECCHR is supporting the lawsuit filed by South African victims of the apartheid regime against eight European and US corporations (among them Daimbler and Rheinmetall). The plaintiffs accuse the companies of either directly committing human rights violations in South Africa, or of facilitating and supporting state-sponsored human rights violations.

USA

Torture in Guantánamo: Spain closes investigations into “Bush Six”

Guantánamo

In March 2009, ECCHR partner lawyer Gonzalo Boye filed a criminal complaint against six former US officials of the Bush administration regarding their accountability for violations of international law, including war crimes and torture. The US officials became known as the “Bush Six.”

USA

ECCHR supports “extraordinary rendition” case

Torture

ECCHR sumbitted an amici curiae brief in order to support the compensation claim in the Arar case. Maher Arar, a Canadian citizen, was arrested and abducted by US officials in 2002 and brought to Syria. During his one-year detention he suffered torture and was imprisoned under inhumane conditions.

USA

The El Haski case

Guantánamo

Moroccan citizen El Haski was convicted to imprisonment in 2004 in Belgium for several offences committed with regard to an alleged terrorist group. At his conviction, witness testimony from Morocco was used which, according to El Haski, was procured by torture.