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US Federal Appeals Court rules on the Mamani v. Sánchez de Lozada case on killings during the Gas War. Four big positive conclusions…Permalink On twitter.com
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First some background: The plaintiffs, surviving relatives of eight people killed during 2003 protests in Bolivia sued fmr President Gonzalo Sánchez de Lozada and fmr Def Min Carlos Sánchez Berzaín for damages in US civil court.On twitter.com
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In an March-April 2018 trial, a United States jury found the defendants liable under the Torture Victims Protection Act and not liable under a wrongful death claim. A judge set aside the jury's ruling in May 2018. Full chronology: hrp.law.harvard.edu/areas-of-focus/alien-tort-statute/mamani-v-sanchez-de-lozada-and-sanchez-berzain/Permalink On twitter.com
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Today's Appeals Court ruling (media.ca11.uscourts.gov/opinions/pub/files/201812728.pdf ) … 1. Vacates the judge's move to set aside the verdict, and imposes a new standard for judgement. 2. Makes an explicit case that a reasonable jury could have found the defendants liable.Permalink On twitter.com
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3. Clarifies a broader standard for defining "extrajudicial killings" under the TVPA—based on the indiscriminate use of force—that can be used going forward.Permalink On twitter.com
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4. Opens the door for a new trial on the wrongful death claims by ruling that inadmissible hearsay (from US government cables) was provided to the jury improperly.Permalink On twitter.com
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Fuller write up here: wp.me/pcFxY-16nPermalink On twitter.com
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