Herz

Caesar, R.

doi:10.1007/978-3-642-97874-6_3

Cited by 4 publications

(2 citation statements)

References 320 publications

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“…Even the IACtHR, which enjoys the discretion to apply such a presumption (as mentioned earlier, the African Court does not, as per its Rules of Procedure), still needs to ensure that the evidence is consistent with the facts on which the non-appearing state remains silent. 80 To give an example, the Court found a violation of the right to a defence under article 7(1)(a) of the African Charter on account of the applicant's allegations that the High Court Chamber for International Crimes refused to hear his arguments, experts and witnesses as well as the Public Prosecutor's refusal to provide the applicant with the information necessary to prepare his defence. 81 However, the Court in its judgment makes no reference to the actual judgment by the High Court Chamber and whether there was evidence of the applicant's claims therein.…”

Section: Were Mugesera's Claims Well-founded In Fact?mentioning

confidence: 99%

The judicial function of the African Court on Human and Peoples’ Rights in default judgments: the developments set forth in the Léon Mugesera case

Rachovitsa

2023

AHRY

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This case discussion focuses on the judicial function of the African Court on Human and Peoples’ Rights (Court) in default judgments. The discussion brings to the foreground the changes introduced by the Court in its recently revised Rules of Procedure and how these changes are put in practice in its case law. The revised provision on default judgments includesthe extended power of the Court to decide on its own motion on whether to issue a default judgment and the introduction of a legal innovation in international dispute settlement, namely, a remedy for the defaulting party to set aside a default judgment. The recent default judgment in Léon Mugesera v Rwanda serves as a focal point in the analysis since it is the first instance that the revised Rules of Procedure were put into practice and since the Mugesera case illustrates the difficulties encountered by the Court in cases of non-appearance of the respondent state. The Court’s Rules of Procedure and case law are also placed within the corpus of international (human rights) law and the jurisprudence of its two regional counterparts on matters pertaining to default judgments so as to shed light on different approaches. The analysis makes two main arguments. The first concerns theprocedural requirements for rendering a judgment in default. Until the Mugesera decision, the Court was not consistent in meeting these requirements, and had been known to decide in default on its own motion without having a textual basis in the Protocol or the Rules of Procedure to do so. The recently revised Rule of Procedure grants the Court the power to decide on its own motion. Second, the analysis argues that the Mugesera decision cements an alarming trend in the case law, whereby in cases of nonappearance the Court does not satisfy itself that the applicant’s submissions are well-founded.

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Section: Were Mugesera's Claims Well-founded In Fact?mentioning

confidence: 99%

The judicial function of the African Court on Human and Peoples’ Rights in default judgments: the developments set forth in the Léon Mugesera case

Rachovitsa

2023

AHRY

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“…Primary cardiomyopathies are common in all age groups, decreasing in frequency from congestive to hypertrophic and restricted cardiomyopathies [8]. Histiocytoid cardiomyopathies in infants have only been reported in a small number of cases [1, 5, 6, 11, 13, 14, 15, 17-23, 27, 29, 30].…”

Section: Introductionmentioning

confidence: 99%

Unexpected infant death attributable to cardiac tumor or cardiomyopathy

et al. 1990

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The pathological findings, including immunohistochemical and electron microscopical findings, in three infants who died unexpectedly of cardiac tumor or cardiomyopathy are reported. The first was a 13-month-old boy with tuberous sclerosis and multiple rhabdomyomas of the heart, who presented with a postpartal cardiac murmur and moderate cardiomegaly. The further history was unknown. The rhabdomyoma nodules were composed of spider cells containing small amounts of desmin and myosin as well as isolated myofibrils. Microscopically small glioma nodules contained high amounts of GFAP. The second case, a boy 4 months of age, died of a large benign fibrous histiocytoma of the heart after an uneventful history. Tumor cells contained alpha-1-anti-chymotrypsin and lysozyme. The third case, a girl 2 months of age, died unexpectedly of histiocytoid cardiomyopathy. The affected cells contained fat droplets, glycogen granules, many leptomer myofibrils and small amounts of myosin and desmin.

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Der Sekundenherztod aus morphologischer Sicht

Janssen¹

1992

Unerwartete Todesfälle in Klinik Und Praxis

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Herz

Cited by 4 publications

References 320 publications

The judicial function of the African Court on Human and Peoples’ Rights in default judgments: the developments set forth in the Léon Mugesera case

The judicial function of the African Court on Human and Peoples’ Rights in default judgments: the developments set forth in the Léon Mugesera case

Unexpected infant death attributable to cardiac tumor or cardiomyopathy

Der Sekundenherztod aus morphologischer Sicht

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