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The Pugh Claim1

Published online by Cambridge University Press:  12 April 2017

E. Russell Lutz
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Extract

In June, 1929, James Pugh, an Irish seaman, was arrested in a bar in the city of Colon, Republic of Panama, because of his belligerent attitude toward two policemen and his refusal to pay a bill. On the way to the police station a serious fight occurred, the circumstances of which were in dispute. Pugh died shortly thereafter. The Panamanian judicial investigation of the affair acquitted the two policemen of criminal responsibility for Pugh’s death, a result which apparently was not satisfactory to the British Government, for in July, 1930, a formal request was made upon the Government of Panama by the British Government for an indemnity of ®1,000 on behalf of the children of the deceased, based upon the allegation that his death had been caused by unjustified acts of Panamanian policemen in beating him and dissatisfaction with the manner in which the police agents had been tried.

Type
Current Notes
Information
American Journal of International Law , Volume 28 , Issue 1 , January 1934 , pp. 136 - 138
Copyright
Copyright © American Society of International Law 1934

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Footnotes

1

The recent arbitration under the convention of October 15, 1932, between His Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland in the name of and representing His Majesty’s Government in the Irish Free State, and the Government of the Republic of Panama.

References

1 Memoria de Relaciónes Exteriores of Panama, 1930, p. xxxviii, and Anexos, pp. 196-200.

2 Memoria, 1932, pp. Ix-lxiii.

3 Panamanian Gaceta Oficial of December 30, 1932.

4 The original record was made available by the Arbitrator for examination by the undersigned.

5 In support of this principle, the following citations were given:

(1) Hall, International Law (8th ed.), pp. 268-269.

(2) Ralston, Law and Procedure of International Tribunals, paragraphs 261, 466, 582, 595, 597.

(3) Oppenheim, International Law (2nd ed.), Vol. I, p. 218.

(4) Borchard, Diplomatic Protection of Citizens Abroad, p. 190.

6 In support of this contention, he cited:

(1) Borchard, op. cit., p. 188.

(2) VI Moore's Digest of International Law, pp. 742, 743, 758. (3)

Ralston, op. eit., p. 330.

(4) F. S. Dunn, The Protection of Nationals, p. 125.

(5) Harvard Research, Draft Convention on State Responsibility, pp. 164 and 165.