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The Amicus submission concerns the following complaints heard by the Compliance Committee on 1 July 2009:
ACCC/C/2008/23 (Mr Morgan) (Complaint 23)
ACCC/C/2008/27 (Cultra Residents’ Association) (Complaint 27)
ACCC/C/2008/33 (James Thornton et al) (Complaint 33)
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The Norwegian Supreme Court found in favor of the Sami parties, holding that the Sami community had acquired collective ownership to a parcel of land through communal utilization since time immemorial.
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THE FACTS The applicants are 428 individuals from the Thule District in Greenland, and Hingitaq 53, a group that represents the interests of relocated Inughuit (the Thule Tribe) and their descendants in a legal action against the Danish Government. They were represented before the Court by Mr Christian Harlang, a lawyer practising in Copenhagen.
A. The circumstances of the case The facts of the case, as submitted by the applicants, may be summarised as follows.
(This is an excerpt taken from the Danish Supreme Court decision reproduced in the ECHR decision in Hingitaq 53 v. Denmark)
In a judgment of 28 November 2003 the Supreme Court unanimously upheld the High Court’s judgment and held as follows:
