Human rights — Freedom of association — Freedom of expression — Alleged persecution for political opinions — Conviction for offence of reorganizing fascist party — Whether a violation of International Covenant on Civil and Political Rights, 1966 — Derogations from human rights — Activities aimed at the destruction of the rights and freedoms guaranteed by the Covenant — Extradition of alleged political offender

International tribunals — Competence — Admissibility of application — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Competence ratione temporis — Communication alleging violation of rights based upon events occurring before Covenant entered into force — Whether consequences continuing after entry into force — Whether consequences allegedly continuing after entry into force disclose violations in themselves

International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Right to submit communication to Committee — Standing confined to individuals — Allegation that legislation contrary to Covenant — Whether Committee will review compatibility of legislation with Covenant in abstracto

Human rights — Discrimination — Allegation that legislation discriminates against certain categories of handicapped persons

Human rights — Arrest and detention — Conditions of detention — Failure to respect inherent dignity of human person — Detention incommunicado — Right to be brought before a court — Torture, inhuman and degrading treatment — Fair trial — Right to consult counsel — Right to prompt trial — Freedom of expression — Persecution for political opinions — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Whether allegations to be treated as substantiated in the absence of contrary evidence from State Party — Whether facts set out in communication sufficient to justify finding of violation

Human rights — Self-determination — Nature of right — Whether a collective or an individual right — Definition of a “people” — Tribal society in Canada — Whether a “people” for the purpose of self-determination — International Covenant on Civil and Political Rights, 1966, Article 1 — Optional Protocol — Whether right of self-determination may be the subject of a communication under the Optional Protocol

International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Whether alleged violation of right of self-determination within competence of Committee — Admissibility of application — Whether representative of group duly authorized to act on behalf of group

Territory — Self-determination — Definition of a “people” — Tribal society in Canada — Allegation that rejection of claim to lands a denial of self-determination — Whether principle of self-determination applicable to group within a State

Human rights — Arrest and detention — Right of accused to be informed of reason for his arrest — Whether accused informed in sufficient detail — Fair trial — Right to consult counsel — Right to adequate opportunity to prepare case — Whether right to see documentary evidence against him entitles defendant to copies of relevant documents — Whether defendant entitled to free legal assistance — Joinder of charges — Whether reducing defendant’s opportunity to prepare his defence — Right to question witnesses — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Reservation by Norway — Reservation providing that Committee not to have jurisdiction in respect of any case examined by another international procedure — Application to European Commission of Human Rights dismissed for being out of time — Whether application examined by European Commission

International tribunals — Competence — Admissibility of application — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Competence ratione temporis — Communication alleging violation of rights based upon events occurring before Covenant entered into force — Whether communication admissible — Whether consequences of alleged violation continuing after entry into force — Request that Committee review conviction by national tribunal

Human rights — Fair trial — Alleged failure by national court to take due account of defence evidence

Human rights — Hearing, right to — Expulsion of alien seeking asylum — Whether alien allowed adequate opportunity to put his case — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — Admissibility of application — United Nations Human Rights Committee — Whether communication discloses facts in support of claim of a violation of the Covenant

Human rights — Nationality, right to — Acquisition of nationality by naturalization — Proposal to increase residency and other requirements — Whether infringing right to nationality — Discrimination — On basis of nationality — Preferential treatment for applicants for naturalization who are citizens by birth of certain countries — Discrimination on grounds of sex — Different naturalization provisions for foreign men marrying female nationals and foreign women marrying male nationals — American Convention on Human Rights, 1969, Articles 17, 20 and 24

Nationality — Nature of nationality — Right to nationality as a human right — Grant of nationality within discretion of State — Extent to which that discretion regulated by international law

Aliens — Acquisition of nationality by naturalization — Conditions — Discrimination — Whether differential treatment of certain categories of aliens necessarily involving unjustified discrimination

Treaties — Interpretation — Ordinary meaning of terms — Context — Object and purpose of Convention — Vienna Convention on the Law of Treaties, 1969

International tribunals — Competence — Inter-American Court of Human Rights — Advisory jurisdiction — Provision for Court to give advisory opinions regarding compatibility of national laws with Convention — Whether including provisions of national constitution — Whether including draft laws

Treaties — Interpretation — Ordinary meaning of words — Context — Object and purpose of treaty — Human rights agreement — Provision for restriction of rights by “laws” — Meaning of “laws” — American Convention on Human Rights, 1969, Article 30

Human rights — Derogations — Provision for restriction of rights by “laws” enacted for reasons of general interest — Meaning — Nature of human rights agreements — Inter-American Court of Human Rights

Human rights — Expression, freedom of — Right of person injured by inaccurate or false statements communicated to the public to reply or publish a correction — American Convention on Human Rights, 1969, Article 14(1) — Relationship to Articles 1 and 2 — Whether States required to legislate to guarantee right

Treaties — Interpretation — Ordinary meaning of words — Context — Object and purpose of treaty — American Convention on Human Rights, 1969, Article 2

International tribunals — Competence — Procedure — Inter-American Court of Human Rights — Advisory jurisdiction — Scope — Request for opinion regarding application of Convention in national law inadmissible — Majority decision that request as a whole admissible — Whether minority judges required to vote on merits

Aliens — Deportation — Members of former Nazi governments involved in religious and political persecution — Retrospective removal of bar to deportation — Whether constitutional — Nature of deportation — Whether a punishment — Persecution — Definition — Whether unconstitutionally vague — The law of the United States

Extradition — Political offence — Definition — Requirement that crimes be reasonably incidental to political upheaval — Murders allegedly committed by member of puppet government in occupied Yugoslavia — Crimes allegedly motivated by personal gain and religious or racial hatred — Whether capable of being political offences

Extradition — Procedure — Second application for extradition — Doctrine of res judicata — Whether applicable to extradition proceedings — Appeal procedure

State succession — Treaties — Yugoslavia — Whether successor to treaty obligations of Serbia — The law of the United States

Relationship of international law and municipal law — Treaties — Whether creating private right of action — Criteria for determining whether treaty self-executing — Customary international law — Whether part of United States law — Whether international law creates private right of action for violations — Recognition and enforcement of foreign laws — Retrospective criminal legislation — Whether contrary to international law — Whether international law requires United States courts not to enforce foreign criminal legislation which is retrospective

War and armed conflict — Enforcement of the laws of war — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Geneva Prisoners of War Convention, 1929 — Whether creating private right of action in municipal courts — Civil action for alleged breach of treaty — War crimes and crimes against humanity — Scope — Extent of crimes against humanity during Second World War — Whether international law creates private right of action in respect of alleged war crimes and crimes against humanity — Limitation periods

Jurisdiction — Violations of international law — Whether civil action for violation of international law within jurisdiction of United States courts — Case not falling within Alien Tort Statute — Plaintiffs United States citizens

Treaties — Application by municipal courts — Whether treaties creating private rights of action — The law of the United States

Extradition — Procedure — Appeals — Whether Government permitted to refile application for extradition when first application rejected — Doctrine of res judicata — Whether applicable to extradition proceedings — Function of the courts in extradition applications — The law of the United States

Extradition — Political offence — Application — Allegation that requesting State motivated by political considerations in seeking extradition — Whether a matter for Executive or courts — Definition of political offence — Motive of requesting State in seeking extradition — Whether relevant in determining whether offence political

Extradition — Procedure — Evidence — Extent to which accused is entitled to challenge evidence in extradition proceedings — The law of the United States

Extradition — Conditions — Allegation that lives of accused would be in jeopardy if they were extradited — Whether matter for Executive or courts

Extradition — Of nationals — Accused claiming United States nationality — Discretion of Executive whether or not to surrender nationals — Mexico-United States Extradition Treaty, 1899, Article IV — Government of Mexico allegedly declining to extradite Mexican nationals — Whether precluding United States from extraditing United States nationals to Mexico — Whether matter for Executive or courts

Extradition — Political offence — Definition — Requirement that offence be committed in course of political upheaval — Political motivation alone insufficient

Extradition — Procedure — Evidence — Extent to which accused is entitled to challenge evidence in extradition proceedings — Scope of judicial review of determination by magistrate

Treaties — Interpretation — Subsequent practice — Practice regarding provision in extradition treaty — Significance of adoption of similar provision in new treaty — The law of the United States

Extradition — Political offence — Application — Whether application of political offence exception a matter for the Executive or the courts — Definition of political offence — Bomb attack on civilians — Whether capable of amounting to a political offence — Whether reasonably incidental to political upheaval — Accused a member of Al Fatah organization — Whether membership of organization indicative that offence political — Significance of motives of accused

Extradition — Procedure — Evidence — Whether disclosing probable cause — Evidence of accomplice — Whether accused entitled to challenge evidence adduced by requesting State — Confession — Whether accused entitled to submit evidence of retraction

Extradition — Speciality — Allegation that requesting State seeking accused’s extradition in order to punish him for membership of organization — Challenge to good faith of requesting State — Whether a matter for the Executive or the courts — The law of the United States

Extradition — Political offence — Definition — Political upheaval — Northern Ireland — Accused charged with committing offences against British soldiers in Northern Ireland — Whether a political offence — United Kingdom-United States Extradition Treaty, 1977 — Interpretation — Whether application of political offence exception a matter for the Executive or the courts — The law of the United States

Extradition — Political offence — Definition — Whether political offence exception limited to acts committed during armed insurrection — Northern Ireland — Activities of Provisional Irish Republican Army (“PIRA”) — Whether political offences — Importance of PIRA’s command structure in determining whether acts of its members political offences — Factors to be borne in mind in determining whether conduct constitutes a political offence — Whether conduct which violates international law may constitute a political offence — Emergency legislation in Northern Ireland — Whether offences under emergency legislation automatically political offences — Whether accused tried under emergency legislation denied a fair trial

Extradition — Procedure — Evidence establishing probable cause — Convicted person — Certificate of conviction and warrant for arrest sufficient to establish probable cause — The law of the United States

Extradition — Procedure — Appeals against refusal of extradition — Availability of judicial review in absence of an appeal — Whether remedies available to the accused which are not available to the requesting State — Nature of extradition — Executive prerogative in foreign relations — Whether limiting availability of judicial remedies — The law of the United States