What would happen if the criteria for taking a case were more less stringent

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What would happen if the criteria for taking a case were more less stringent

Demons, officer of the watch on board the Lotus at the time of the collision, in consequence of the loss of the Boz-Kourt having involved the death of eight Turkish sailors and passengers? Demons, provided, according to the principles of international law, reparation should be made in similar cases?

They have done so by formulating more or less developed conclusions summarizing their arguments. Thus the French Government, in its Case, asks for judgment to the effect that: Article 15 cannot be read as supporting any reservation whatever or any construction giving it another meaning.

Consequently, Turkey, when exercising jurisdiction in any case concerning foreigners, need, under this article, only take care not to act in a manner contrary to the principles of international law.

Boz-Kourt flying the Turkish flag, Turkey's jurisdiction in the proceedings taken is as clear as if the case had occurred on her territory-as is borne out by analogous cases.

Turkey, therefore, is entitled from this standpoint also to claim jurisdiction. The one he formulated in the documents filed by him in the written proceedings must therefore be regarded as having been maintained unaltered.

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The Facts [13] According to the statements submitted to the Court by the Parties' Agents in their Cases and in their oral pleadings, the facts in which the affair originated are agreed to be as follows: The Boz-Kourt, which was cut in two, sank, and eight Turkish nationals who were on board perished.

After having done everything possible to succour the shipwrecked persons, of whom ten were able to be saved, the Lotus continued on its course to Constantinople, where it arrived on August 3rd.

The examination, the length of which incidentally resulted in delaying the departure of [p11] the Lotus, led to the placing under arrest of Lieutenant Demons without previous notice being given to the French Consul-General - and Hassan Bey, amongst others.

This arrest, which has been characterized by the Turkish Agent as arrest pending trial arrestation preventivewas effected in order to ensure that the criminal prosecution instituted against the two officers, on a charge of manslaughter, by the Public Prosecutor of Stamboul, on the complaint of the families of the victims of the collision, should follow its normal course.

On that occasion, Lieutenant Demons submitted that the Turkish Courts had no jurisdiction; the Court, however, overruled his objection. When the proceedings were resumed on September 11th, Lieutenant Demons demanded his release on bail: For, the Court having obtained cognizance of the present case by notification of a special agreement concluded between the Parties in the case, it is rather to the terms of this agreement than to the submissions of the Parties that the Court must have recourse in establishing the precise points which it has to decide.

In this respect the following observations should be made: Lotus, flying the French flag, and the S. Boz-Kourt, flying the Turkish flag, took place on the high seas: It is not therefore a question relating to any particular step in these proceedings - such as his being put to trial, his arrest, his detention pending trial or the judgment given by the Criminal Court of Stamboul - but of the very fact of the Turkish Courts exercising criminal jurisdiction.

That is why the arguments put forward by the Parties in both phases of [p13] the proceedings relate exclusively to the question whether Turkey has or has not, according to the principles of international law, jurisdiction to prosecute in this case.

The discussions have borne exclusively upon the question whether criminal jurisdiction does or does not exist in this case. It is clear, in the first place, that this result of the collision constitutes a factor essential for the institution of the criminal proceedings in question; secondly, it follows from the statements of the two Parties that no criminal intention has been imputed to either of the officers responsible for navigating the two vessels; it is therefore a case of prosecution for involuntary manslaughter.

The French Government maintains that breaches of navigation regulations fall exclusively within the jurisdiction of the State under whose flag the vessel sails ; but it does not argue that a collision between two vessels cannot also bring into operation the sanctions which apply to criminal law in cases of manslaughter.

What would happen if the criteria for taking a case were more less stringent

The precedents cited by it and relating to collision cases all assume the possibility of criminal proceedings with a view to the infliction of such sanctions, the dispute being confined to the question of jurisdiction concurrent or exclusive - which another State might claim in this respect.

As has already been observed, the Court has not to consider the lawfulness of the prosecution under Turkish law; questions of criminal law relating to the justification of the prosecution and consequently to the existence of a nexus causalis between the actions of Lieutenant Demons and the loss of eight Turkish nationals are not relevant to the issue so far as the Court is concerned.

Moreover, the exact conditions in which these persons perished do not appear from the documents submitted to the Court ; nevertheless, there is no doubt that their death may be regarded as the direct [p14] outcome of the collision, and the French Government has not contended that this relation of cause and effect cannot exist.

In regard to the conception of "connexity" of offences connexitethe Turkish Agent in the submissions of his Counter-Case has referred to the Turkish Code of criminal procedure for trial, the provisions of which are said to have been taken from the corresponding French Code.

Now in French law, amongst other factors, coincidence of time and place may give rise to "connexity" connexite.

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In this case, therefore, the Court interprets this conception as meaning that the proceedings against the captain of the Turkish vessel in regard to which the jurisdiction of the Turkish Courts is not disputed, and the proceedings against Lieutenant Demons, have been regarded by the Turkish authorities, from the point of view of the investigation of the case, as one and the same prosecution, since the collision of the two steamers constitutes a complex of acts the consideration of which should, from the standpoint of Turkish criminal law, be entrusted to the same court.Accessible Space offers affordable, accessible housing for people with disabilities and traumatic brain injuries.

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What would happen if the criteria for taking a case were more less stringent

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