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Tag: Tyler Giannini

Human Rights Program’s 2018-2019 Annual Report

Via HRP 

Source: HRP Blog 

We are delighted to present HRP’s 2018-2019 Annual Report. The report showcases the global reach and impact of the Human Rights Program in its 35th year. Previews have already run on the Harvard Law School website: profiles of Paras Shah JD ’19Jenny B. Domino LLM ’18, and Anna Khalfaoui LLM ’17. In addition to celebrating these former students and fellows, the annual report explores how members of HRP contributed to a convention on crimes against humanity, innovated in clinical pedagogy, and advocated for LGBT rights. We thank all of the students, partners, and alumni who made last year so strong and look forward to engaging with our community and working on the most pressing issues in 2019-2020.

You can view our annual report in several different modes: a flipbook version, a color PDF, and a black-and-white PDF.

Read the introduction below, which highlights the words of the Human Rights Program and International Human Rights Clinic Co-Directors:


The Human Rights Program: Reflecting on 35 Years

Founded by Professor Emeritus Henry Steiner in 1984 as a center for human rights scholarship, Harvard Law School’s Human Rights Program (HRP) enters its 35th year in 2019. Concurrently, the International Human Rights Clinic celebrates its 15th anniversary. HRP was founded as a place of reflection and engagement and a forum that brings academics and advocates together. Since 1984, HRP has only deepened its commitment to this endeavor. With this past year marking the 70th anniversary of the signing of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly, it is a particularly opportune time to take stock of human rights at Harvard Law School (HLS) and how the Program’s impact has reverberated beyond the university.

“The Universal Declaration set forth a vision of liberty and equality and social solidarity that has never been fully achieved; it continues to inspire people around the world as we strive to fulfill its mission,” said Gerald L. Neuman JD ’80, Co-Director of HRP and the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at HLS. “The Program has always been about critical involvement with human rights. In a time when human rights face extreme challenges globally, that means thinking more deeply about what changes are needed and  how we can contribute to the system, scholarship, and the world.”

Today, HRP comprises the Academic Program and the Clinic, which together bridge theory with practice and engage with pressing human rights issues around the world. As a center for critical thinking, the Academic Program organizes conferences and other events; publishes working papers and books; offers summer and post-graduate fellowships to launch students in human rights careers; and draws human rights advocates and academics from across the globe as part of the Visiting Fellows Program.

Over the past decade and a half, the Clinic has engaged more than 1,000 students in an analytical and reflective approach to human rights lawyering. While devoting itself to the training of future practitioners, the Clinic has promoted and protected human rights through scores of projects around the world. This work includes pushing for global equity in the realm of gender and sexuality, litigating landmark accountability cases, and helping to negotiate treaties that ban nuclear weapons and cluster munitions.

“The formal founding of the International Human Rights Clinic 15 years ago is really consequential; it recognizes the diversity of ways that people can contribute to the human rights movement,” said Susan H. Farbstein JD ’04, Co-Director of the Clinic and Clinical Professor of Law. While not all clinical students pursue careers in human rights, they often cite their clinical education as influential and formative. For many, clinics are the one place at HLS where they have the opportunity to engage in real-world preparation and see their efforts make an impact. “We’re training students in critical approaches to human rights practice, emphasizing cross-cultural sensitivity and how to be guided by the clients and communities we serve. We hope this leads to better, more effective human rights advocacy,” Farbstein said.

This year, HRP recognizes the anniversary of the Program, the Clinic, and the UDHR with both celebration and humility. After decades of training students and building a network of HRP fellows and partners, it is inspiring to step back and glimpse the network that we’ve built. “It’s not about one particular year but about the cumulative impact,” said Tyler R. Giannini, Co- Director of HRP and the Clinic and Clinical Professor of Law. “When we see the success of our students, alumni, partners, and fellows, it’s a testament to the power of this community.”

Human Rights Program Summer 2019 Highlights

Via HRP

Human rights work doesn’t stop for the summer. HRP staff, however, do take a moment to pause and regroup, taking the necessary time to recharge and plan before their project and teaching work picks up full steam in the Fall. Staff spent the summer on mountains, at the opera, and at the beach. We also developed new classes focused on women’s leadership and taught human rights and populism in Berlin.

Read on to see what we’ve all been up to this summer!


Following the release of Clinical Instructor Thomas Becker’s IHRC report “Femicide and Impunity in Bolivia” last year, the Bolivian government implemented a ten point emergency plan this summer to tackle the high rate of femicides in the country. In other news, after two months of climbing, Becker summited Mount Everest. With temperatures reaching as low as -40 degrees on the mountain, he thinks he is finally prepared for winter in Cambridge. Following Everest, Thomas’s work led him to a slightly warmer destination, the Sahara, where he spent several weeks meeting with human rights activists, women’s groups, and social movement leaders in refugee camps in Algeria.

Anna Crowe accomplished an intra-Cambridge move in July and submitted a book chapter on a disarmament topic to be published later this year.

Bonnie Docherty spoke at the International Symposium for Peace in Hiroshima on the advantages of the humanitarian approach to nuclear disarmament and why Japan can and should join the Treaty on the Prohibition of Nuclear Weapons (check out a transcript of her remarks here!) She also had meetings in Hiroshima and Nagasaki with civil society advocates, student activists, and doctors who have treated the hibakusha who survived the atomic bombings. On her recent work trip to Geneva for killer robots meetings at the UN, she carved out a weekend for mountains and marmots. She visited the alpine peaks of Chamonix and met some furry friends in the hills above Montreux. Hiking buddy Elizabeth Minor of Article 36, longtime Clinic partner, even brought her tote bag from ACCPI’s humanitarian disarmament conference.

Susan Farbstein developed new teaching modules on women’s leadership to pilot in the advanced Human Rights Careers Workshop this fall. She was lucky to work with one of the Clinic’s alumni, Salomé Gómez Upegui LLM ’18, as well as current SJD student Regina Larrea Maccise, to review and curate materials and build the sessions. She’s excited to see how the 3Ls will respond to what they’ve put together. She also spent a lot of time with her family, swimming, hiking, riding bikes, flying kites, building sand castles, and eating fried fish and ice cream across New England (and in Canada!).

After being on sabbatical Spring semester, Tyler Giannini went to Berlin to conduct a human rights simulation with Yee Htun. He also had the opportunity to visit members of the extended HRP family in the Netherlands and got to learn about their work at the ICC (Juan Calderson-Meza, former clinical fellow) and innovative work on business and human rights (Fola Adeleke, former clinical fellow; Deval Desai LLM ’08, SJD ’18, former research fellow; and Amelia Evans LLM ’11, former clinical instructor). With his family, Giannini also visited his roots in Ireland and in Lucca, northern Italy, for the first time, where they met long-lost cousins they never knew existed. 

Clinical Instructor Yee Htun completed a book chapter on populism in Thailand and Myanmar for an edited collection to be out next year from Cambridge University Press. She also taught a module entitled “Human Rights Under a Military Dictatorship: A Case Study on Myanmar/Burma” at the Lucerne Academy on Human Rights Implementation as well as presented at “Gender Matters: A Summer Workshop for Educators” organized by the Asia Center, the Center for African Studies, the Center for Middle Eastern Studies, the Davis Center for Russian and Eurasian Studies, the Global Health Education and Learning Incubator, and the Religious Literacy Project of Harvard University.  In personal news, Htun is feeling a little lighter after donating 14 inches of her locks to Wigs for Kids.

Beatrice Lindstrom joined HRP as a Clinical Instructor at the end of August. Her summer was busy moving from New York and closing out nine years with the Institute for Justice & Democracy in Haiti (IJDH). She worked on responding to a deteriorating human rights situation in Haiti, including preparing a request for precautionary measures from the Inter-American Commission for Human Rights for victims displaced by a brutal massacre in La Saline. She also published a chapter in the book Emerging Threats to Human Rights that came out in July. Before the move, Lindstrom got to spend some time with family on a lake in Maine.

Gerald Neuman presented his work on populism and human rights at the Wissenschaftszentrum Berlin in June, during a two-week stay at that social science research institute. While in Berlin he found something he has wanted for years at the Pergamon Museum – a working facsimile of a Babylonian cylinder seal. He will not be using it, however, for HRP correspondence.

New Clinical Instructor Aminta Ossom moved here from Geneva, finishing up her work with the Office of the High Commissioner for Human Rights and joined the Clinic. Before she left, she had the opportunity to cross off some items from her Geneva bucket list, including spending a day on a “funky jazz and blues boat” at the Montreux Jazz Festival in July and enjoyed a sunrise concert from the aubes musicales (“musical dawns”) concert series on the shores of Lake Geneva before work, which is a Geneva summer tradition. 


We hope you all had relaxing and productive summers! We look forward to picking up threads of old projects and meeting some new faces this year.

Mamani: Lessons and Learning From a Decade-Long Struggle for Justice

From L to R: Nicole Antoine (’18), Lindsay, Elisa, Kelsey Jost- Creegan (’17), Amy Volz (’18), and Lisandra outside of the court- house in Fort Lauderdale. Antoine, Jost-Creegan, and Volz previ- ously worked on the case.

From L to R: Nicole Antoine (’18), Lindsay, Elisa, Kelsey Jost- Creegan (’17), Amy Volz (’18), and Lisandra outside of the courthouse in Fort Lauderdale. Antoine, Jost-Creegan, and Volz previously worked on the case.

By: Lindsay Bailey, J.D. ’19, Lisandra Novo, J.D. ’19, and Elisa Quiroz, J.D. ’19

Having grown up, lived, or worked abroad for several years in Ghana, Chile, and Cuba, among other locations, the three of us came to Harvard Law School excited about pursuing international law. We had ideas about what a career in this field might look like and were eager to get involved with clinics and student practice organizations. But prior to joining the International Human Rights Clinic and working on the Mamani case, we didn’t really understand what practicing intentional human rights law meant.

Since the fall of our 2L years, we have worked together on Mamani et al v. Sánchez de Lozada and Sánchez Berzaín, a federal lawsuit against the former president of Bolivia, Gonzalo Sánchez de Lozada, and the former Minister of Defense, Carlos Sánchez Berzaín, for their respective roles in planning and ordering security forces to use deadly military force against unarmed civilians to suppress popular protests against government policies. In 2003, security forces under their leadership slaughtered 58 citizens and injured more than 400, almost all from indigenous Aymara communities.

On April 3, 2018, following a month-long trial, the jury issued a historic verdict and found both men liable for extrajudicial killings under the Torture Victim Protection Act, awarding our plaintiffs—the parents, husbands, wives, and siblings of individuals who were killed—$10 million in damages. The judge subsequently overturned the jury’s verdict after a Rule 50 motion, and the case is currently on appeal in the Eleventh Circuit.

We have continued to work on the appeal well into our last semester as HLS students. And though our time on the case will at some point come to an end, we are certain the long- lasting effects of this experience will continue to shape our lives and careers.

Our time on Mamani contributed significantly to our lawyering skills and career paths. Between the three of us, we traveled to Bolivia to conduct interviews of witnesses that would testify at trial; helped lawyers from HLS and Akin Gump  take and defend depositions of expert and lay witnesses prior to trial, in locations ranging from Washington D.C. to Ecuador; and spent, collectively, hundreds of hours in two weeks between the hotel “war room” and the federal courthouse in Fort  Lauderdale,  Florida, working on the first civil trial in U.S. courts against a living former head of state for human rights abuses committed abroad. We learned how to interview plaintiffs, conduct depositions, review evidence, and prepare nervous witnesses, who had traveled thousands of miles to an unfamiliar place, for a historic trial.

More importantly, however, Mamani shaped our identities as lawyers. With our clinical instructors – Susan Farbstein, Tyler Giannini and Thomas Becker – we were lucky to experience firsthand how to be an effective lawyer while retaining compassion, humility, and humanity. We observed Thomas treating plaintiffs and witnesses not just as clients, but as equals and friends. We watched how Tyler was able to bring peace of mind to a nervous plaintiff, who had witnessed the death of his father, and remind him that the truth was his  own. We learned from Susan about the importance of caring for each other during tough times and working as a team, which became a true family.

Our time in the human rights clinic confirmed our passion for and commitment to international law. Next year we will be pursuing a Fulbright in Spain to research the creation of a Truth Commission to investigate Franco-era crimes; litigating cases of universal jurisdiction in Geneva, Switzerland; and continuing to pursue human rights litigation in U.S. courts. Through these new and challenging experiences, we will bring with us the frustrations, joys and lessons we learned on Mamani wherever we go.

JET-Powered Learning: New 1L January Experiential Term courses focus on skills-building, collaboration and self-reflection

Via Harvard Law Today 

By: Elaine McArdle

Imagine that you’ve come to law school knowing that you want to be a great public interest lawyer or an inventive entrepreneur or a savvy trial lawyer. Or you want to focus consciously on what it takes to be an effective public- or private-sector leader. Or perhaps you don’t yet know exactly what you want to do but you’re curious about the options the world holds for you. Through a sweeping array of new, innovative, hands-on courses, Harvard Law School’s new January Experiential Term gives 1L students a chance, early in their time on campus, to learn by doing, to work in teams, and to explore—or discover—what inspires their passion in the law.

For Armani J. Madison ’21, the new JET offerings did just that. Madison arrived at Harvard Law School with the goal of working for the public interest, possibly with a civil rights law firm that represents lower-income clients. For his J-term course, Madison chose “Lawyering for Justice in the United States,” one of eight courses developed for the new JET curriculum designed to give students time to develop practical lawyering skills, to reflect on their studies and careers, and to connect with each other.

Lawyering for Social Justice explores how lawyers can contribute to broader movements for social change through such means as impact litigation, legislative and policy advocacy, transactional work, and community lawyering. Team-taught by four clinical professors—Esme Caramello ’99, faculty director of the Harvard Legal Aid Bureau; Tyler Giannini, co-director of the International Human Rights Clinic; Michael Gregory ’04, clinical professor, Education Law Clinic; and Dehlia Umunna, faculty deputy director of the Criminal Justice Institute—Lawyering for Justice focused on a different social justice problem each day. Covering areas as diverse as criminal justice, education, human rights, immigration, predatory lending, and more, this unique course enabled students to practice core competencies required for effective systemic advocacy including diagnosing problems, identifying stakeholders, and designing remedies. Working in teams, students also engaged in exercises such as participating in a mock bail argument on behalf of a client they’d just met, and counseling clients on whether to take a settlement. The course culminated with a day-long “hackathon,” in which student teams developed a plan of action to address a specific social justice lawyering challenge.

Madison, who calls the course “amazing,” says he valued the opportunity to see what actual lawyering is like; the mock bail hearings, for example, had a significant impact on his understanding of the criminal justice system. “We not only had the opportunity to argue our points and rebut the other side, but we were in front of someone playing a judge with all the characteristics [a real judge] might have,” he says.

Credit: Lorin Granger
Dehlia Umunna (left) team-taught “Lawyering for Justice in the United States” with Esme Caramello ’99, Tyler Giannini, and Michael Gregory ’04.

Credit: Lorin Granger
“The Lawyering for Justice” course culminated with a day-long “hackathon,” in which student teams developed a plan of action to address a specific social justice lawyering problem.

. . .

The new courses are part of a series of initiatives that stem from an effort to rigorously examine and question assumptions about the Law School’s curriculum—all with an eye toward better preparing students for legal practice in the 21st century. One of the first steps Dean John F. Manning ’85 took after beginning his deanship in July 2017 was to constitute a curricular innovations committee, chaired by deputy deans John Goldberg and Kristen Stilt. The committee’s work during its first year included outreach to students, alumni, and other members of the practicing bar through surveys, focus groups, and multiple individual conversations. The aim was to get a firm understanding of what students and practitioners valued and hoped for in the 1L curriculum and how individual courses influenced career paths and professional success. In addition, Manning and the curriculum committee, which includes the deputy deans and Catherine Claypoole, associate dean and dean for academic and faculty affairs, began to hold “curriculum committee open office hours” to create an another venue in which students could share their thoughts about the School’s curriculum, including what was working, what wasn’t, and what courses students would like to see added. Feedback throughout was overwhelmingly in support of rethinking the academic experience for 1Ls students during the January term.

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In Clinic Case, Jury Finds Former Bolivian President Responsible for Extrajudicial Killings of Indigenous People; Awards $10 Million in Damages

Via International Human Rights Clinic

April 3, 2018 – In a landmark decision today, a federal jury found the former president of Bolivia and his minister of defense responsible for extrajudicial killings carried out by the Bolivian military in September and October 2003. The decision comes after a ten-year legal battle spearheaded by family members of eight people killed in what is known in Bolivia as the “Gas War.” It marked the first time in U.S. history a former head of state has sat before his accusers in a U.S. human rights trial. The jury awarded a total of $10 million in compensatory damages to the plaintiffs.

Both the former Bolivian president, Gonzalo Sánchez de Lozada, and his former defense minister, José Carlos Sánchez Berzaín, have lived in the United States since they fled Bolivia following the massacre known as “Black October.”  During that period, more than 50 people were killed and hundreds were injured. In Bolivia, in 2011, former military commanders and government officials who acted under Sánchez de Lozada and Sánchez Berzaín’s authority were convicted for their roles in the killings. Both Sánchez de Lozada and Sánchez Berzaín were indicted in the same case, but could not be tried in abstentia under Bolivian law.

The lawsuit originated in the International Human Rights Clinic, and dozens of students have worked on the case since 2006.

“After many years of fighting for justice for our family members and the people of Bolivia, we celebrate this historic victory,” said Teófilo Baltazar Cerro, a plaintiff and member of the indigenous Aymara community of Bolivia, who were victims of the defendants’ decision to use massive military force against the population. “Fifteen years after they fled justice, we have finally held Sánchez de Lozada and Sánchez Berzaín to account for the massacre they unleashed against our people.”

In Mamani v. Sánchez de Lozada and Sánchez Berzaín, the families of eight Bolivians who were killed filed suit against Sánchez de Lozada and Sánchez Berzaín in 2007. Today’s verdict affirms the plaintiffs’ claims that the two defendants were legally responsible for the extrajudicial killings and made decisions to deploy military forces in civilian communities in order to violently quash opposition to their policies.

“To me, it was the biggest honor of my life to work with the plaintiffs and learn from them in their struggle for justice,” said Thomas Becker ’08, who brought the idea for the lawsuit to IHRC after spending time in Bolivia and learning about the massacre there. “It’s an extraordinary privilege to witness this and be a small part of this.”

The three-week trial included the testimony of 29 witnesses from across Bolivia who recounted their experiences of the 2003 killings. Twenty-three appeared in person. Eight plaintiffs testified about the deaths of their family members, including: Etelvina Ramos Mamani and Eloy Rojas Mamani, whose eight-year-old daughter Marlene was killed in front of her mother when a single shot was fired through the window; Teófilo Baltazar Cerro, whose pregnant wife Teodosia was killed after a bullet was fired through the wall of a house; Felicidad Rosa Huanca Quispe, whose 69-year-old father Raul was shot and killed along a roadside; and Gonzalo Mamani Aguilar, whose father Arturo was shot and killed while tending his crops.

One witness, a former soldier in the Bolivian military, testified about being ordered to shoot at “anything that moves” in a civilian community, while another recounted witnessing a military officer kill a soldier for refusing to follow orders to shoot at unarmed civilians. Witnesses recounted how tanks rolled through in the streets and soldiers shot for hours on end. Others testified about how the president and minister of defense committed to a military option instead of pursuing dialogue with community leaders to reach a peaceful resolution.

In 2016, a U.S. appeals court held that the plaintiffs could proceed with their claims under the Torture Victim Protection Act (TVPA), which authorizes suits for monetary damages in U.S. federal court for extrajudicial killings. Sánchez de Lozada and Sánchez Berzaín then sought and were denied a review by the U.S. Supreme Court in 2017, and the case moved forward in U.S. District Court. After a review of the evidence gathered by both sides, District Court Judge James I. Cohn ruled on February 14 that the plaintiffs had presented sufficient evidence to proceed to trial.

“There are just no words for what the plaintiffs have done over the past ten years to seek justice for their lost loved ones as well as many others who were killed in Bolivia,” said Tyler Giannini, Co-Director of Harvard Law School’s International Human Rights Clinic. “Today the jury gave the plaintiffs a huge victory, and showed that the former president and his defense minister are not above the law.”

“When I heard the verdict, I almost couldn’t believe it,” added Susan Farbstein, Co-Director of Harvard Law School’s International Human Rights Clinic. “The only thing I could think of was: We didn’t let down the plaintiffs, we didn’t disappoint them, we did our jobs.”

The plaintiffs and their litigation team.

The plaintiffs and their litigation team.

As co-counsel, the International Human Rights Clinic has been involved in all phases of the litigation from the outset, including researching and drafting for the complaint and various motions and briefs, assisting with oral arguments, and undertaking more than a dozen investigative missions to Bolivia since 2007. Over the past year, during the discovery phase, students traveled to Bolivia numerous times, and assisted with document review, interrogatories, and the depositions of plaintiffs, witnesses and experts; more than a half dozen students worked on every facet of the case during the three weeks of trial.

“It was fascinating to work under the legal team and have complete faith in their talent and ability to manage such a complex case,” said Amy Volz ’18, who traveled to Bolivia on four fact-finding trips. “It was a once-in-a-lifetime opportunity.”

After the jury announced its verdict, the defendants made a motion asking the judge to overturn the jury’s finding of liability against both defendants. Both parties will submit briefing on this issue in the coming weeks.

“We’re not one to leave halfway through the fight,” said Baltazar Cerro. “We will struggle until the last moment.”

In addition to the Clinic, a team of lawyers from the Center for Constitutional Rights and the law firms of Akin Gump Strauss Hauer & Feld LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP are representing the family members. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.

WEBINAR: Human rights and Myanmar’s transition from military rule

Via International Human Rights Clinic

Several weeks ago, Tyler Giannini, Co-Director of the International Human Rights Clinic, and Yee Htun, Clinical Advocacy Fellow, presented a webinar for Harvard Law School alumni on human rights and Myanmar’s transition from military rule. The talk was so popular, the school asked if it could feature it as part of its bicentennial celebration.

Great work, Tyler and Yee.

Op-Ed: UN investigation can help Myanmar down the path of democracy

Via International Human Rights Clinic

This opinion piece by Clinical Advocacy Fellow Yee Htun and Tyler Giannini, co-director of the International Human Rights Clinic, appeared in The Irrawaddy on March 29, 2017.

At first glance, the UN Human Rights Council resolution passed on Myanmar looks like a rebuke of Aung San Suu Kyi and her National League for Democracy (NLD) government. The resolution calls for an international investigation into “alleged recent human rights violations by the military and security forces,” singling out Rakhine State in particular for scrutiny.

Given her muted public response to the violence, her government’s denials, and the lack of any serious domestic investigation to date, it would be easy to lay a lot of the blame at Aung San Suu Kyi’s door. But the real story remains in plain sight: there are roadblocks that prevent her and the civilian government from investigating and controlling the abuses of security forces. These roadblocks are rooted in the country’s Constitution, adopted by the military in 2008, and until they are removed, domestic and international maneuvering will be necessary to pressure the military to change its violent ways.

This is not the first time that we have seen Myanmar’s Constitution fail its citizens. Despite her party winning the first open elections in a generation, Aung San Suu Kyi herself was denied the presidency under the Constitution. She and her party had to resort to creating a new position – State Counselor – that has made her the de facto leader of the government. It was a creative, and necessary, move to bring a just outcome to the election.

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Clinic Files Reply Brief in Petition for Certiorari in Apartheid Litigation

Via International Human Rights Clinic

Last week, the International Human Rights Clinic and co-counsel filed our reply brief with the U.S. Supreme Court, responding to Ford and IBM’s opposition to the petition for a writ of certiorari in the in re South African Apartheid Litigation. The reply brief points out the clear circuit splits that require the Supreme Court’s attention, flatly rejecting Defendants’ claim to the contrary.

The petition, which was filed in February, asks the Supreme Court to resolve the splits among the circuits over the standard for aiding and abetting liability under the Alien Tort Statute (“ATS”); the question of when claims “touch and concern” the United States; and the availability of corporate liability under the ATS. The reply notes how “IBM and Ford do not seriously dispute the existence of these conflicts.” Despite Defendants’ attempts to argue otherwise, the reply brief makes clear that the Second Circuit, in a series of decisions culminating in the Apartheid litigation opinion, has adopted “the most restrictive rules governing ATS liability.” These rules conflict with Supreme Court decisions, other circuits’ rulings, and basic principles of international law. The Supreme Court needs to take up these essential and timely issues, which are the most important ones facing current and future ATS litigation.

Clinic Files Petition for Certiorari in Final Attempt to Hold Two U.S. Corporations Accountable for Supporting Apartheid

Via International Human Rights Clinic

IHRL Clinic

The Clinic and its partners today filed a petition for writ of certiorari with the U.S. Supreme Court in the In re South African Apartheid Litigation suit, asking the Court to clarify the circumstances under which defendants may be held accountable in U.S. courts for human rights violations. The case, which involves the actions of U.S. corporations IBM and Ford, raises questions about whether a defendant’s knowledge is sufficient to establish aiding and abetting liability, or whether specific intent or motive must also be demonstrated. It also concerns how closely a human rights violation must be connected to the United States in order to sue under the Alien Tort Statute(ATS), and whether corporations can be held liable at all under the ATS.

The petition argues that through their actions, and decades-long support for violations associated with apartheid, defendants IBM and Ford purposefully facilitated violations of international law by enabling the “denationalization and violent suppression, including extrajudicial killings, of black South Africans living under the apartheid regime.” According to the petition, “IBM and Ford purposefully designed, sold, and serviced customized technology and vehicles for the South African government that they knew in advance would be used to racially segregate and systematically oppress black South Africans.”

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Clinic Submits Report In Support Of Hearing On Rights Of People Affected By The CIA Rendition And Torture Program

Via International Human Rights Clinic

Last week, the International Human Rights Clinic submitted a report in support of an Inter-American Commission on Human Rights thematic hearing on the rights of people affected by the CIA rendition and torture program. The hearing was requested by the ACLU and the NYU Global Justice Clinic, who asked us to adapt our 2014 shadow report to the U.N. Committee Against Torture for this purpose.

Titled Denial of Justice: The United States’ Failure to Prosecute Senior Officials for Torture, the report documents how the Obama administration and other government entities are in violation of the law by shielding from criminal liability the senior officials, including lawyers, who were responsible for the post-9/11 U.S. torture program. It notes that the U.S. government has failed to heed calls by the Inter-American Commission and other human rights authorities to conduct an in-depth and independent investigation into all allegations of torture and ill-treatment and to prosecute and punish those responsible.

We submitted both the Inter-American Commission and the U.N. Committee reports as members of the advocacy group U.S. Advocates for Torture Prosecutions.

Thanks to Michelle Ha, JD ’16, Kelsey Jost-Creegan, JD ’17, and Marin Tollefson, JD ’17 for their work on the report, and to Fernando Delgado, Tyler Giannini, and original co-authors Ben Davis, Trudy Bond, and Curtis Doebbler, for their review.

Read the rest of the documents the ACLU and the GJC submitted for the hearing.

Harvard Law champions entrepreneurship and innovation

A native of California who came to HLS with an interest in startups and business, Shant Hagopian ’15 gave legal advice to entrepreneurs as a student in the Transactional Law Clinic during his 2L year. Shortly thereafter, he co-founded Virtudent, a tele-dentistry startup designed to increase oral health care access for underserved populations. Credit: Heratch Photography

A native of California who came to HLS with an interest in startups and business, Shant Hagopian ’15 gave legal advice to entrepreneurs as a student in the Transactional Law Clinic during his 2L year. Shortly thereafter, he co-founded Virtudent, a tele-dentistry startup designed to increase oral health care access for underserved populations.
Credit: Heratch Photography

Via HLS News

The moment Shant Hagopian ’15 stepped through the doors of the Harvard Innovation Lab, the air was abuzz with the energy of wildly creative ideas, and he knew Harvard Law School had been the right choice for him.

“The first time I walked into the i-lab I thought, ‘Wow, this is a really cool place,’” says Hagopian, a native of California who came to HLS with an interest in startups and business. “The i-lab brings together students from many different academic backgrounds to launch their ideas for how the world should look in the future.”

The i-lab, a collaborative workspace and idea incubator at Harvard University which champions entrepreneurship and innovation, connects students, faculty, and other creative idea-makers from across the university to resources, thought leaders, and funding sources. Since launching in 2011, it has drawn scores of law students who’ve worked on a wide variety of cutting-edge projects—some law-related, and many not.

Credit: Martha Stewart Chris Bavitz, Clinical Professor of Law and managing director of the HLS Cyberlaw Clinic at the Berkman Center for Internet & Society

Credit: Martha Stewart
Chris Bavitz, Clinical Professor of Law and managing director of the HLS Cyberlaw Clinic at the Berkman Center for Internet & Society

“Anyone with a Harvard ID can tap in, sit down, and do their thing,” says Chris Bavitz, Clinical Professor of Law and managing director of the HLS Cyberlaw Clinic at the Berkman Center for Internet & Society, and Dean’s Designate to the i-lab. “That means anything from having shared space to work to looking at a physical bulletin board where people are looking for a software developer or lawyer. Nearly every night of the week, there’s programming about venture capital or how to deal with employment issues or any number of other legal and business concerns that startups face.”

As a 2L in the HLS Transactional Law Clinics , which holds office hours at the i-lab where law students give legal advice to entrepreneurs, Hagopian found himself wanting to make the leap to the other side and become an entrepreneur himself.

Just a few months later, he did—as a co-founder of Virtudent, a tele-dentistry startup created by a friend, Dr. Hitesh Tolani, a graduate from the University of Pennsylvania School of Dental Medicine. Hagopian introduced Virtudent to the i-lab, where doors quickly opened and connections were made. Last year, Virtudent, designed to increase oral health care access for underserved populations, was a finalist in the 2014 President’s Challenge, which offers a $100,000 prize for the most innovative idea for solving a complex societal problem. Though it didn’t win the grand prize, Virtudent received initial funding from Harvard and will soon be rolling out.

Continue reading the full story here.

Australian Radio Interviews Tyler Giannini on Mining Company Settlement with Rape Survivors

Via the International Human Rights Clinic 

Earlier this week, Australian radio interviewed Tyler Giannini about a significant development in the world of business and human rights: one of the world’s largest mining companies, Barrick Gold, recently settled claims with a group of women in Papua New Guinea who were raped by the company’s security guards. The settlement, negotiated by EarthRights International, came as the women were preparing to file suit.

The International Human Rights Clinic has been investigating abuses around the Porgera mine for several years, along with NYU’s Global Justice Clinic and Columbia’s Human Rights Clinic. Reports of rape around the mine in the highlands of Papua New Guinea date back to at least 2006, but the company did not acknowledge them for years.

In 2012, the company set up a complaint mechanism, which Tyler describes in the interview as inadequate. Initially, the company was preparing to offer the women who stepped forward a compensation package of used clothing and chickens. At the urging of advocates, including the Clinic, the company later revised its offer, and more than 100 women accepted the settlement.

EarthRights represented a group that did not agree to settle through the company’s complaint mechanism. At least one woman described the original settlement offers as “offensive.”

“If you have settlements that aren’t really getting to justice, the discourse with the community is not really healed, and you don’t get real reconciliation,” Tyler said in the interview. “That’s not good for the company, that’s not good for the survivors, and I think that’s one of the lessons that needs to be taken away.”

Listen to the full 7 minute interview here

Plaintiffs’ Victory Against Former Somali Prime Minister Allowed to Stand

CaptureVia the International Human Rights Clinic 

After 11 long years of litigation, plaintiffs from Somalia learned yesterday that their $21 million judgment for damages for torture and war crimes would stand. The U.S. Supreme Court declined to take the appeal of the defendant, General Mohamed Ali Samantar, a former Somali Prime Minister and Minister of Defense who was implicated in the abuses. Samantar, who now lives in Virginia, can make no additional appeals.

Beyond the victory for the plaintiffs, counsel from the Center for Justice & Accountability noted this ruling is critically important because it preserves a Fourth Circuit Court of Appeals decision that found egregious rights violations cannot be considered “official acts” shielded by sovereign immunity.

The ruling comes amidst ongoing debate about how the United States should treat high-ranking former foreign government officials who are accused of human rights abuses and are now living in the United States. The International Human Rights Clinic and its partners have been involved since 2007 in one such case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, which brings Alien Tort Statute claims against the former President and the former Defense Minister of Bolivia for their role in extrajudicial killings in 2003. Last Friday, the Mamani plaintiffs filed a brief with the Eleventh Circuit opposing the defendants’ appeal, which is considering the issues of exhaustion of remedies and command responsibility.

Like Samantar, the defendants in Mamani came to the United States after leaving power, and have remained in the country ever since.

Clinic Files Opening Brief in Apartheid Litigation Appeal

CaptureVia the International Human Rights Clinic

The Clinic and our partners filed an opening brief yesterday in the Second Circuit in an appeal in In re South African Apartheid Litigation. The case, which is being litigated under the Alien Tort Statute, seeks relief against IBM and Ford for assisting and supporting human rights violations committed in apartheid South Africa.

Back in August, the district court dismissed the case when the court denied Plaintiffs’ motion for leave to file an amended complaint against these two U.S. Defendants. The lower court reasoned that the claims did not sufficiently “touch and concern” the territory of the United States, as required by the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, which established a presumption against extraterritoriality in ATS cases.

On appeal, Plaintiffs contend that the lower court failed to undertake the necessary inquiry into the U.S. Defendants’ own conduct in the United States, and instead focused only on actions that took place in South Africa. The proposed amended complaint contains detailed new allegations about how, from the United States, both Defendant corporations aided and abetted the South African security forces and government to commit human rights violations over several decades. Defendants will file their opposition brief in the coming months.

Clinical students Ariel Nelson, J.D. ’15, Brian Klosterboer, J.D. ’16, and Peter Stavros, J.D. ’16, contributed research and drafting for the brief.

Clinic Files Proposed Amended Complaint in the Apartheid Litigation

CaptureVia the International Human Rights Clinic 

Last Friday, the International Human Rights Clinic filed a proposed amended complaint in the Apartheid Litigation against two defendants, Ford and IBM.

The amended complaint
demonstrates how the claims “touch and concern” the United States as required by the Supreme Court’s
Kiobel decision, as well as how the Defendants acted with the purpose to aid and abet the South African government’s violations of international law, as required by the Second Circuit’s Talisman decision. In particular, the complaint alleges that, through policies and decisions made in the United States, Defendant Ford directed and controlled the sale of specialized vehicles to the South African security forces to suppress the black population, while Defendant IBM created and maintained an identity card system to denationalize the black population.

Fourth Circuit’s Post-Kiobel Ruling Revives ATS Claims Against U.S. Corporation for Violations Committed Abroad

Via the International Human Rights Clinic

On Monday, the Fourth Circuit Court of Appeals ruled that the presumption against extraterritoriality in Alien Tort Statute (ATS) cases, established by the April 2013 U.S. Supreme Court decision in Kiobel v. Royal Dutch Petroleum, Co., does not bar claims against a U.S. contractor for torture and mistreatment of foreign nationals in Iraq.

The Al Shimari v. CACI ruling is a major decision in the ongoing battle over the meaning and interpretation of Kiobel. Kiobel held that there is a presumption against extraterritoriality in ATS cases unless the “claims touch and concern the territory of the United States with sufficient force,” in which case the presumption can be displaced. In Kiobel, the Supreme Court found the “mere corporate presence” of the defendant in the United States did not overcome the presumption.

The Fourth Circuit compared the factual circumstances in Kiobel with those in Al Shimari, and concluded that the corporate defendant had a much more significant connection to the United States than mere presence. In so ruling, it became the first appellate court to hold that the plaintiffs’ claims sufficiently “touch and concern” U.S. territory to displace the presumption.

In the wake of the Kiobel decision, lower courts across the country have wrestled with how to interpret the new “touch and concern” standard given the limited guidance provided by the Supreme Court. Some courts have avoided the complexities of the Kiobel presumption altogether. However, the Fourth Circuit embraced the challenge:

Although the “touch and concern” language in Kiobel may be explained in greater detail in future Supreme Court decisions, we conclude that this language provides current guidance to federal courts when ATS claims involve substantial ties to United States territory. We have such a case before us now, and we cannot decline to consider the Supreme Court’s guidance simply because it does not state a precise formula for our analysis.

Continue reading the full story here.

Maryum Jordan ’14 Wins CLEA’s Outstanding Clinical Student Award

Maryum Jordan ’14

Maryum Jordan ’14

By Caroline Parker, Intern, Harvard Immigration and Refugee Clinic

Congratulations to Maryum Jordan, J.D. ’14, for winning the Outstanding Clinical Student Award from the Clinical Legal Education Association (CLEA). The award is presented annually to one student from each law school for his/her outstanding clinical coursework and contributions to the clinical community. Maryum was nominated by Clinical Professor of Law Tyler Giannini, Assistant Clinical Professor of Law Susan Farbstein, Lecturer on Law and Clinic Assistant Director Sabi Ardalan, and Clinical Professor of Law Debbie Anker, for her work with both the Harvard Immigration and Refugee Clinic (HIRC) and the International Human Rights Clinic (IHRC). Over the course of her three years at Harvard Law School, she logged over 1000 pro bono hours in service to the community.

Maryum has distinguished herself in many capacities. At IHRC she collaborated with other students to produce a briefing paper on transitional justice in Burma, where she later traveled to conduct research on human rights violations committed near the Taiwan border. As a 3L, Maryum returned to the clinic to work with a student-led reading group on sex-trafficking in Boston. She also worked diligently to prepare asylum cases for traumatized clients from Honduras and Uganda. Her clinical mentors call her “a skilled and extremely conscientious advocate,” who is “intelligent, humble, personable,” and “sensitive to the ethical dimensions of her work.”

“Working with both the International Human Rights Clinic and the Immigration and Refugee Clinic has been part of my best experiences at Harvard Law School and I am grateful for the mentorship, knowledge, and personal growth I have gained as a clinical student. I am deeply honored to receive this award and be recognized by clinicians whom I hold in great esteem,” Maryum said.

This fall, she will be moving to Lima, Peru to work as a fellow for Earth Rights International. Eventually, she plans to continue her work with international and gender-based human rights and pursue a career in clinical teaching.

Giannini Receives 2014 Sacks-Freund Teaching Award

Tyler Giannini, Clinical Professor of Law

Tyler Giannini, Clinical Professor of Law

Via HLS News

Clinical Professor Tyler Giannini was selected to receive the prestigious Albert M. Sacks-Paul A. Freund Award for Teaching Excellence. He was selected by the Class of 2014 in recognition of his teaching ability and general contributions to student life at the law school.

“Tyler Giannini challenges… students to grapple with difficult and complex issues while supporting them along the way, employing tools of collaborative learning and encouraging students to be constantly reflective about their work,” said one student. “He also manages to mix healthy outrage at the injustices that his work seeks to address while also maintaining his cool and managing the many things that are on his plate.”

Giannini is co-director of Harvard Law School’s Human Rights Program and the International Human Rights Clinic. His work focuses on Alien Tort Statute litigation, business and human rights, human rights and the environment as well as communities and human rights. He has extensive experience with Myanmar and South Africa and a strong interest in social entrepreneurship and clinical pedagogy in the human rights context. Previously he was a founder and director of EarthRights International, an organization at the forefront of efforts to link human rights and environmental protection. After receiving an Echoing Green fellowship to start EarthRights in 1995, Giannini spent a decade in Thailand with the organization conducting fact-finding investigations and groundbreaking corporate accountability litigation. He holds a B.A. from the College of William and Mary and a J.D. and M.A. from the University of Virginia.

Established in 1992, the Sacks-Freund award is named in honor of the late Harvard Law School Professors Albert Sacks and Paul Freund. The other finalists for the 2014 award included Professors Richard Lazarus, Robert Sitkoff, Jeannie Suk, Alex Whiting, and Mark Wu.

Class of 2014 Chooses Tyler Giannini for its Teaching Excellence Award

Via Human Rights Program Blog

Posted by Human Rights Program faculty and staff:

As friends and colleagues of Tyler Giannini, we are thrilled that the Class of 2014 has chosen to award him the Albert M. Sacks-Paul A. Freund Award for Teaching Excellence. All of us appreciate and benefit so much from his vision and commitment to our clinic and program–as a human rights advocate, a clinician, and an innovator in the field and in the classroom. It is wonderful to see his dedication to his students recognized with this award.

Tyler is a rare find, a triple threat: an advocate-teacher-scholar who embraces all these roles and finds in them a harmony that is truly a joy to witness and learn from. Anyone who works with him can sense the passion that he brings to work. It is evident in the emotion, care, and impeccable commitment to quality that he invests into everything he produces, from U.S. Supreme Court briefs to course syllabi to student role-plays. Tyler works this way because he cares deeply about teaching his students to be thoughtful and effective human rights practitioners, and because he believes so strongly in the value of the work that he does each and every day.

We are moved and beyond excited that Tyler has received this well-deserved recognition. We couldn’t be prouder of him. Thank you, Class of 2014.

Tyler Giannini and Susan Farbstein Represent Families of 2003 Bolivian Massacre Victims

Tyler Giannini and Susan Farbstein of the International Human Rights Clinic (IHRC) are part of a team of lawyers representing family members of those killed in government-planned massacres in Bolivia in 2003. Read more in HLS News and on the IHRC blog about the most recent allegations against the former president and former defense minister and the role of IHRC clinical students who contributed to the case.

Roundup: Clinical Law Teaching (Video)

Earlier this semester, HLS Office of Academic Affairs and HLS Graduate Program hosted a conversation about how to become a clinical law professor featuring our very own Tyler Giannini (Clinical Director of the International Human Rights Clinic) and Ron Sullivan (Director of the Criminal Justice Institute). The video is now available on the HLS Law Teaching Colloquia website, along with other great videos such as “The Job Talk”, “Developing a Research Agenda”, “Getting Published”, and “Becoming a Law Professor”.

Note: HLS pin is required to view the videos.

Snapshot: Clinical Fair

Tyler Giannini (R), Human Rights Program Clinical Director and Clinical Professor, chats with a student during last week’s Clinical Fair (photo courtesy of HRP)

Thanks to all the clinics and students who made last week’s Clinical Fair a success! While Clinical Registration only comes once each year, the Office of Clinical and Pro Bono Programs is available year-round to answer your clinical and pro bono questions. Don’t be shy about getting in touch!

Roundup: Speaking of the International Human Rights Clinic…

The International Human Rights Clinic‘s Susan Farbstein and Tyler Giannini write about the principals of corporate liability in The New York Times: “In exchange for rights, corporations accept certain responsibilities, including liability for harms committed by their agents.”