Good governance as a precondition for subsidiarity: human rights litigation in Nigeria and ECOWAS

ABSTRACT

Similar to the European Union, the Economic Community of West African States (ECOWAS) evolved gradually from little more than a customs union to a supranational organisation with sophisticated governance arrangements. As a consequence, subsidiarity has become an inevitable adjustment mechanism to align individual member state policies with objectives of the Community as a whole. In particular, since the inclusion of a protocol on good governance and democracy in 2001 an increasing number of policy areas require a delineation of competencies between state and Community organs. Moreover, the ECOWAS Community Court of Justice confines itself to the vertical application of human rights law and does not accept human rights claims against private persons since the extension of its mandate in 2005. Many cases involving the Federal Republic of Nigeria illustrate well a double procedural effect of the principle of subsidiarity in the human rights litigation within the ECOWAS legal order.     

Metacarpal sexual determination in a Spanish population

Anthropologists and forensic pathologist determine the sex of skeletons by analyzing quantitative and qualitative characters in the bone remains. Generally, the skull and os coxae are the elements most used, but they are not always preserved. In such cases, the investigator needs to have available other techniques based on different remains. The aim of the present work is to develop and describe discriminating functions for sex determination in a recent Spanish population using metacarpal morphology. A sample of bones corresponding to a contemporary Spanish population deposited at the Complutense University of Madrid (UCM) was analyzed. This sample comprised 697 metacarpals, corresponding to 79 adult individuals (37 men and 42 women). These allowed us to obtain 120 unifactorial discriminant functions. We selected the 10 equations, one for each metacarpal from both hands, that provided the best sexual discrimination. The correct sex classification rank progressed from 81%, for right (R) metacarpals IV and V, to 91%, for left (L) metacarpal II. The results suggest that metacarpals are structures that can be used for sex determination in paleoanthropological and forensic identifications.     

A qualitative study of compact bone microstructure and nuclear short tandem repeat obtained from femur of human remains found on the ground and exhumed 3 years after death

Forensic identification of human remains is composed of anthropological study of race, sex, age, etc. By using these traditional methods, inconclusive or nonidentified cases could be subjected to DNA analysis. However, in spite of advances in human identification techniques, especially by PCR-amplified DNA, some limitations that affect the ability of obtaining DNA from human remains still persist. Light microscope sections of postmortem compact bones from human remains are presented here for the purpose of increasing a forensic examiner's prediction of successful nuclear DNA typing. Femoral compact bones were obtained from 7 human remains found on the ground, in different degrees of decomposition, and were cleaned by boiling to remove soft tissues, 8 collections of bones having undergone natural decomposition, not boiled (as no soft tissue was adhered), and 5 cadavers 12 to 16 hours postmortem. The histologic sections were stained by hematoxylin and eosin, the loci CSF1PO, TPOX, TH01, F13A01, FESFPS, vWA, D16S539, D7S820, D13S317, and amelogenin were amplified by PCR, and the polyacrylamide gel was stained with silver. The results presented here clarify questions concerning the viability of DNA for identification analysis, and they also may help to establish better strategies for optimization of DNA extraction and analysis in compact bones of human remains.     

On intelligence and crime: a comparison of incarcerated sex offenders and serious non-sexual violent criminals

The impact of low IQ on crime has been a focus of debate for several decades now. Although sociologists have virtually removed it from the list of possible factors influencing crime, the impact of IQ on crime continues to generate a significant amount of scientific research and a substantial number of publications. The purpose of this study is to assess intellectual levels and to compare two groups of incarcerated criminals. Using MANCOVA and ANCOVA procedures, 261 sex offenders and 150 non-sexual violent criminals were compared on IQ subscales. The results show significant differences on vocabulary, comprehension, arithmetic, mental math computations, object assembly, letter-number sequencing, and perception subscales, as well as on performance IQ and total IQ. The impacts of penal filtering and sample composition are hypothesized to explain differences between the two subgroups. Theoretical and practical implications are discussed.     

Pellagra: a rare disease observed in a victim of mental and physical abuse

Lesions of the brain stem and cerebellum due to nutritional deficiencies are mostly seen in chronic alcohol abuse and more rarely in severe malnutrition. We report the case of a 27-year-old woman, found dead in the family flat. She presented cachexia (167 cm, 25 kg) and multiple hematomas of the limbs. Postmortem examination revealed lesions due to peritonitis. Neuropathological examination showed severe atrophy of the corpus callosum and central neuronal chromatolysis, which are observed in pellagra. Inflammatory colitis or celiac disease was not found. Toxicological analysis was negative, in particular no alcohol absorption. Pellagra, which is due to nicotinamide deficiency, is a disease rarely seen in this country. In this case, nutritional deficiency was the consequence of failure to eat in a context of abuse. The woman was born of an incestuous relationship and presented intellectual retardation due to poor affective relations with her mother.     

Elemental analysis of glass fragments by ICP-MS as evidence of association: analysis of a case

Inductively coupled plasma mass spectrometry (ICP-MS) was used to analyze glass evidence from a case in which a person broke a window in each of 15 vehicles in a parking lot in order to gain entry into the vehicles. The results of the analysis by traditional methods, which measure the properties of color, thickness, density, and refractive index, are also reported. A total of 15 known samples representing the windows on the cars and 42 questioned glass fragments recovered from the suspect and the police vehicle where the suspect was sitting were submitted for analysis. Density comparisons separated one of the known samples into three samples, increasing the number of known samples from 15 to 17. The concentrations of 16 elements were measured for all but three of the samples using an external calibration ICP-MS method with internal standardization. Color assessment (non-instrumental) separated the 17 known samples into two groups, and refractive index measurements resulted in six groups when the Emmons double variation method was used and ten groups when the Glass Refractive Index Measurement 2 (GRIM2) system was used. Elemental analysis, by itself, differentiated all of the known samples from each other and associated four of the known sample fragments with several of the questioned sample fragments. The informing power of RI, density, and elemental analysis comparisons is evaluated and a summary of the case results is reported.