ACLU FILES FIRST-EVER DOMESTIC VIOLENCE COMPLAINT AGAINST THE UNITED STATES
ACLU FILES FIRST-EVER DOMESTIC VIOLENCE COMPLAINT AGAINST THE UNITED STATES WITH INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Caroline Bettinger- López '03 worked on the ACLU's petition on behalf of domestic violence victims
NEW YORK, NY (12/27/2005) - The American Civil Liberties Union has filed a petition with the Inter-American Commission on Human Rights (IACHR) on behalf of Jessica Gonzales, the mother of three girls killed by her estranged husband whose domestic violence protection claims were rejected by the U.S. Supreme Court. The petition, the first of its kind filed against the United States, asserts that domestic violence victims have the right to be protected by the state from the violent acts of their abusers.
In June 2005, the U.S. Supreme Court ruled against Gonzales when it found that the Constitution does not recognize an entitlement by domestic violence victims to enforcement of their protective orders.
"Jessica Gonzales' quest for justice met a dead end at the U.S. Supreme Court," said Caroline Bettinger-López '03, a Skadden Fellow and attorney with the ACLU Women's Rights Project. "She suffered devastating harm as a result of police inaction and if the U.S. Supreme Court won't hear her case on the merits, we will bring it to the international community. The police department's failure to protect the lives of Jessica's three young daughters should be internationally condemned."
Gonzales is represented by Bettinger-López, Emily Martin and Lenora Lapidus of the ACLU Women's Rights Project and Ann Beeson and Steven Watt of the ACLU Human Rights Working Group.
Columbia Law School's Commitment to Human Rights
Prior to joining the ACLU Women's Rights Project , Bettinger-López was a student at Columbia Law School, where she worked at the Human Rights Clinic on a petition to the IACHR on behalf of Haitians and Dominicans of Haitian descent who had been arbitrarily expelled from the Dominican Republic in violation of international human rights law. Bettinger-López said working on the Gonzales petition seemed like a natural continuation of the work she did at Columbia's Human Rights Clinic.
"Working on the petition against the Dominican Republic with the Clinic was an incredible experience, and I remember how much I learned about international human rights law, litigation, and working collaboratively to try to remedy a grave harm that individuals and a group had suffered," said Caroline. "The Gonzales petition seemed in many ways like a natural continuation of my work in the CLS Clinic."
Gonzales' Story
Gonzales is a Colorado woman whose three children were brutally murdered by her estranged husband after local police refused to enforce a restraining order she had against him. She repeatedly called the police, telling them of her fears for the safety of her daughters and guiding them to the girls' location. The police failed to respond and several hours later all three children were shot and killed by their father, the abductor. Gonzales brought a lawsuit against the police, alleging that they violated her Constitutional rights by failing to enforce the restraining order and not following the specific terms of Colorado's mandatory arrest law, which directs police officers to arrest individuals whom they have probable cause to believe have violated a restraining order. The case made its way up to the U.S. Supreme Court, which ruled against Jessica Gonzales in June 2005.
"Jessica Gonzales is an incredibly brave client and empowered woman who helped us to tell the story of an egregious human rights violation of which she was the unfortunate victim. She courageously spoke out to ensure that what happened to her would not happen to other domestic violence victims, and that the police in this country would learn that victims' cries for help should not and cannot fall on deaf ears," said Bettinger- López .
ACLU Petition
The ACLU said that its concern is not limited to the specific Gonzales case. It extends more broadly to all victims of domestic violence who are not adequately protected by law enforcement. This case is the first individual complaint against the United States brought before any international human rights body for the violation of the rights of victims of domestic violence.
The ACLU petition seeks compensation for the violation of Gonzales' rights, adoption by the United States of necessary measures to deter the commission of similar crimes, and an advisory opinion from the Inter-American Court of Human Rights on the obligations of the United States under international law to protect victims of domestic violence.
The Inter-American Commission on Human Rights was created in 1959 and is expressly authorized to examine allegations of human rights violations by members of the Organization of American States, which include the United States. It also carries out on-site visits to observe the general human rights situations in all 35 member states of the Organization of American States and to investigate specific allegations of violations of Inter-American human rights treaties. Its charge is to promote the observance and the defense of human rights in the Americas.
PEDRO J. MARTINEZ FRAGA '87 WINS '2005 MOST EFFECTIVE LAWYER AWARD' FOR OUTSTANDING LEGAL WORK BY FLORIDA LAWYERS
Martinez Led Legal Team That Found Funds and Records Used In Pinochet Case
MIAMI, FLORIDA (December 7, 2005) - Pedro J. Martinez-Fraga was named one of the "Most Effective Lawyers" by the Miami-based Daily Business Review for his work as lead counsel in the United States on behalf of the Republic of Chile in the pending cases against former dictator Augusto Pinochet. Martinez-Fraga is Chairman of Greenberg Traurig's International Litigation and International Arbitration Department in Miami.
Martinez-Fraga's team was successful in recovering thousands of documents in the U.S. that were successfully used as evidence in the consolidated criminal cases in Santiago de Chile. The team also recovered substantial funds that Augusto Pinochet had hidden in U.S.-based financial institutions.
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NEW YORK, NY (12/27/2005) - The American Civil Liberties Union has filed a petition with the Inter-American Commission on Human Rights (IACHR) on behalf of Jessica Gonzales, the mother of three girls killed by her estranged husband whose domestic violence protection claims were rejected by the U.S. Supreme Court. The petition, the first of its kind filed against the United States, asserts that domestic violence victims have the right to be protected by the state from the violent acts of their abusers. 