Charter of the International Military Tribunal for Germany, concluded by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, acting in the interests of all the United Nations and by their representatives duly authorized thereto, annexed to the London Agreement, London, 8 August 1945, Article 12.
Article 6(3)(c) of the 1950 European Convention on Human Rights provides that everyone charged with a criminal offence has the right “to defend himself in person”.
European Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, as amended by Protocol No. 11, Strasbourg, 11 May 1994, Article 6(3)(c).
Article 14(3)(d) of the 1966 International Covenant on Civil and Political Rights provides: “Everyone shall be entitled to …be tried in his presence”.
International Covenant on Civil and Political Rights, adopted by the UN General Assembly, Res. 2200 A (XXI), 16 December 1966, Article 14(3)(d).
Article 8(2)(d) of the 1969 American Convention on Human Rights provides that during proceedings, every person accused of a criminal offence has “the right …to defend himself personally”.
American Convention on Human Rights, adopted by the OAS Inter-American Specialized Conference on Human Rights, San José, 22 November 1969, also known as Pact of San José, Article 8(2)(d).
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 75(4)(e). Article 75 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 250.
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 6(2)(e). Article 6 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 97.
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 63(1).
Article 67(1)(d) of the 1998 ICC Statute states that the accused, “subject to article 63, paragraph 2, [shall] be present at the trial”.
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 67(1)(d).
Article 17(4)(d) of the 2002 Statute of the Special Court for Sierra Leone provides: “In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality: …to be tried in his or her presence”.
Statute of the Special Court for Sierra Leone, annexed to the 2002 Agreement on the Special Court for Sierra Leone, Freetown, 16 January 2002, annexed to Letter dated 6 March 2002 from the UN Secretary-General to the President of the UN Security Council, UN Doc. S/2002/246, 8 March 2002, p. 29, Article 17(4)(d).
Statute of the Special Tribunal for Lebanon, attached to the Agreement between the UN and the Lebanese Republic on the Establishment of a Special Tribunal for Lebanon annexed to UN Security Council Resolution 1757 of 30 May 2007, Article 16(4)(d) and (5).
(c) Has absconded or otherwise cannot be found and all reasonable steps have been taken to secure his or her appearance before the Tribunal and to inform him or her of the charges confirmed by the Pre-Trial Judge.
(c) Whenever the accused refuses or fails to appoint a defence counsel, such counsel has been assigned by the Defence Office of the Tribunal with a view to ensuring full representation of the interests and rights of the accused.
Statute of the Special Tribunal for Lebanon, attached to the Agreement between the UN and the Lebanese Republic on the Establishment of a Special Tribunal for Lebanon annexed to UN Security Council Resolution 1757 of 30 May 2007, Article 22.
Article 12(c) of the 1946 IMT Charter (Tokyo) provides that the Tribunal shall “provide for the maintenance of order at the trial and deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any accused or his counsel from some or all further proceedings, but without prejudice to the determination of the charges”.
Charter of the International Military Tribunal for the Far East, approved by an Executive Order, General Douglas MacArthur, Supreme Commander for the Allied Powers in Japan, Tokyo, 19 January 1946, amended on 26 April 1946, Article 12(c).
Article 8(e) of the 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind provides that an individual charged with a crime against the peace and security of mankind has the right “to be tried in his presence”.
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-third session, 29 April–19 July 1991, UN Doc. A/46/10, 1991, Article 8(e).
Article 21(4)(d) of the 1993 ICTY Statute provides that the accused shall be entitled “to be tried in his presence”.
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, adopted by the UN Security Council, Res. 827, 25 May 1993, as amended by Res. 1166, 13 May 1998 and by Res. 1329, 30 November 2000, Article 21(4)(d).
Article 20(4)(d) of the 1994 ICTR Statute provides that the accused shall be entitled “to be tried in his or her presence”.
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994, adopted by the UN Security Council, Res. 955, 8 November 1994, as amended by Res. 1165, 30 April 1998, and by Res. 1329, 30 November 2000, Article 20(4)(d).
Article 11(1)(e) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind provides that an individual charged with a crime against the peace and security of mankind has the right “[t]o be tried in his presence”.
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-eighth session, 6 May–26 July 1996, UN Doc. A/51/10, 1996, Article 11(1)(e).
Canada’s LOAC Manual (1999) provides that, in non-international armed conflict, “accused persons have the right to be present at their trial”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-3, § 29(e).
Canada’s LOAC Manual (2001) states in its chapter on non-international armed conflicts: “As a minimum, accused persons: … e. shall have the right to be present at trial”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1716.2.e.
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees: … judgment must be pronounced in the presence of the accused”.
e. judgment must be pronounced in the presence of the accused.
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(C)(e).
Peru’s IHL Manual (2004) states that a person charged with a criminal offence under international humanitarian law must be provided with certain guarantees, including “trial in the presence of the accused”.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 32.n.(5).
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 33(n)(5), p. 251.
In the case of penal offences relating to the armed conflict, the basic principles of natural justice must be observed … These principles include the following: … anyone charged with an offence shall have the right to be tried in his presence.
(a) Presence required. The accused shall be present at the arraignment, the time of the plea, every stage of the trial including sessions conducted without members (except for certain in camera and ex parte presentations as may be permitted under R.M.C. 701-703 and Mil. Comm. R. Evid. 505), voir dire and challenges of members, the announcement of findings, sentencing proceedings, and post-trial sessions, if any, except as otherwise provided by this rule.
(b) Continued presence not required. The further progress of the trial to and including the return of the findings and, if necessary, determination of a sentence shall not be prevented and the accused shall be considered to have waived the right to be present whenever an accused, after being warned by the military judge that disruptive conduct will cause the accused to be removed from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom. Prior to exclusion of the accused under this section, the military judge shall consider and may, in his sole discretion, implement alternative measures to preserve the decorum of the proceedings and protect the parties and spectators to the trial.
United States, Manual for Military Commissions, published in implementation of the Military Commissions Act of 2006, 10 U.S.C. §§ 948a, et seq., 18 January 2007, Part II, Rule 804(a) and (b), pp. II-65 and II-66.
(a) Presence required. Except for certain in camera and ex parte presentations as may be permitted … , the accused shall be present at the arraignment, the time of the plea, every stage of the trial including sessions conducted without members, voir dire and challenges of members, the announcement of findings, sentencing proceedings, and post-trial sessions, if any, except as otherwise provided by this rule.
(2) to prevent disruption of the proceedings by the accused.
(2) after being warned by the military judge that disruptive conduct will cause the accused to be removed from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom.
An accused who is in military custody or otherwise subject to military control at the time of trial or other proceeding may not properly be absent from the trial or proceeding without securing the permission of the military judge on the record. Prior to exclusion of the accused under this section, the military judge shall consider and may, in the military judge’s sole discretion, implement alternative measures to preserve the decorum of the proceedings and protect the parties and spectators to the trial.
United States, Manual for Military Commissions, published in implementation of Chapter 47A of Title 10, United States Code, as amended by the Military Commissions Act of 2009, 10 U.S.C, §§ 948a, et seq., 27 April 2010, Rule 804, p. II-70.
Note. Numerous pieces of domestic legislation provide for the right of the accused to be tried in their presence.
See, e.g., Georgia, Code of Criminal Procedure, 1998, Article 77(3); Kenya, Constitution, 1992, Article 77; Kyrgyzstan, Criminal Code, 1997, Article 28; Russian Federation, Constitution, 1993, Article 123(2).
Article 5. Suspect and Accused.
7. The police, the Saranwal [prosecutor] and the Court are duty bound to clearly inform the suspect and the accused, [both] before interrogation and at the time of arrest, about his or her … right to be present during searches, line-ups, expert examinations and the trial.
2. The suspect … ha[s] the right to be present during searches, confrontations, line-up procedures and expert examinations as well as during the trial.
1. When it has not been possible to serve the notifications on the accused by any of the forms provided for in article 17 [General Rules for Notifications], because none of the places there indicated are known, the Court shall issue a decree stating that the accused cannot be found, appointing a defence counsel for him.
2. [Subsequently] the notifications shall be served on the defence counsel.
3. Notifications made in this way are valid to all intents and purposes. The accused that cannot be found is [to be] represented by the defence counsel.
Article 47. Trial in Absence of the Summoned Accused.
1. When the notification indicated in article 42 [notification ordered by the Court indicating the date for the commencement of the trial] has been delivered to the accused and he does not appear, the judge [will] appoint a defence counsel for him.
Article 52. Order of the Hearing.
3. The Primary Saranwal, the accused and his defence counsel have the right to be always present.
4. The accused [whose] behaviour disrupts the proceedings can be excluded by the Court for part or all the duration of the hearing. He is, [however, to be] readmitted in the room when the verdict is read out.
2. The accused and his defence counsel have the right to be present.
Article 81. Cases of Revision.
f. When the sentence was adopted at the end of a process conducted without informing the accused by regular notifications or not giving him the possibility to appear so [as] to deprive him of the right of defence or when a real impediment for appearing was not known or disregarded by the Court.
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 5(7), 38(2), 46(1)–(3), 47(1), 52(3) and (4), 53(2) and 81(1)(f).
Article 33. Notification of the decision.
3. If the issues discussed during trial harms the child psychologically, the court can continue the hearing in the absence of the child, provided that the summary of the trial is later communicated to him [or] her.
Article 34. Attending the hearing.
1. The child … may attend the hearings.
Afghanistan, Juvenile Code, 2005, Articles 33(3) and 34(1).
The military prosecutor is required and the accused and his defense counsel have the right to be always present; however, should the accused’s behavior disrupt the proceedings, he can be excluded by the military judge for part or all of the duration of the trial. He will be readmitted to the trial when the verdict is read out.
Article 23. Presence of Defence Counsel.
(3) … [T]he accused ha[s] the right to be present during searches, [the] interrogation of witnesses, the collection of physical evidence and [the] examination by expert witness.
Article 34. Presence of the Accused at Trial.
The accused is required, as long as his presence is deemed necessary, to attend the trial.
Article 39. Good Order of the Trial.
(3) The … accused … ha[s] the right to be present [during] the judicial sessions, however, in case the accused … disturb[s] the order of the trial, the chief panel judge is authorized … [to] exclude the person who disturbed the trial from part of the trial. In this case, [with regard] to the [proceedings that] have been executed in the absence of the accused … , [the latter] will be [provided with] information of the proceedings after their next appearance.
Article 49. Stay of Execution and Appeals in the Case of the Accused’s Absence.
(1) [The] [e]xecution of the Basic Court’s decision [first instance judgement] may be stayed in case of the absence of the accused until … the accused or his defence counsel submits an appeal application.
In this case, the beginning of the appeal period for the accused starts from [the point in time when he is] presen[t] and [when the] notification is delivered to him.
(4) [I]n case[s where] … the physical attendance of [the] accused is known [to be] non-essential in [the] appeal proceeding[s], the military appeal court can proceed [with] the case in his [or] her absence when hav[ing] appointed a defence counsel for the accused, on condition that the appeal application is presented by the convict or his [or] her defence counsel to the primary court or military appeal court.
Afghanistan, Military Criminal Procedure Code, 2010, Articles 23(3), 34, 39(3), 49(1) and 53(4).
Bosnia and Herzegovina, Criminal Procedure Code, 2003, Article 246(1).
Bosnia and Herzegovina, Criminal Procedure Code, 2003, Article 247.
d. to be tried in their own presence.
(8) the request for extradition is made by the Requesting State on the basis of a judgment rendered by default, unless the Requesting State undertakes that the person sought has the opportunity to have the case retried under conditions of his presence.
China, Extradition Law, 2000, Article 8(8).
If the defendant sent or brought before the military jurisdictions for an offence could not be seized or, after having been seized, has escaped, or if, regularly summoned, he does not appear, the judgement, as far as it concerns him, is rendered in absentia.
If the judgement has not been personally served, an objection can be received until the expiration of the limitation period of the penalty. If the convicted person presents himself or if he is arrested before the penalty has expired by limitation, he is without delay notified of the judgement.
The notification, under penalty of nullity, includes the note that he can, within five days in time of peace and within 24 hours in time of war, lodge an objection against the judgement by declaration either at the time of its notification, or to the registry of the closest military jurisdiction, and that, after expiration of that time limit without objection having been lodged, the judgement will become definitive at the expiration of the time limits for demurring.
Democratic Republic of the Congo, Military Judiciary Code, 2002, Articles 326 and 331.
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 155.
D. To be tried in his presence.
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(D).
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 123 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Article 75(4)(e), as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 6(2)(e), are punishable offences.
(A) Every person tried before a military court shall be entitled to be present during the whole trial so long as he conducts himself properly.
(B) If the accused does not conduct himself properly the court may, at its own discretion, order his removal from the courtroom and continue the proceedings in his absence, provided that it makes provisions for informing the accused of what has occurred during the trial, and gives the accused the opportunity to defend himself.
(C) The court may, as it deems fit, permit the accused to be absent from the court during the whole or any part of a trial on such terms as it may set.
Israel, Order concerning Security Provisions, 1970, Section 35.
(a) Every defendant shall have the right to be present during all of the trial proceedings, as long as he conducts himself appropriately.
(b) If a defendant conducts himself improperly, the court may, at its discretion, order his removal from the courtroom and continue the trial proceedings without him present, on the condition that he is updated regarding the content of the trial proceedings, and is given an opportunity to defend himself.
(c) The military court may allow the defendant to be outside the courtroom during the entire trial or part of it, if it sees fit to do so, under the conditions it determines.
Israel, Order regarding Security Provisions (Judea and Samaria), 2009, Article 114.
Provided further that the Special Court will proceed with the trial after taking the necessary steps to appoint an advocate to defend the accused person who is not before the Court.
Explanation – An accused who is tried in his absence under sub-section (10) shall be deemed not to have admitted the commission of any offence for which he has been charged.
(11) The advocate appointed under the second proviso to sub-section (10) shall be a person selected by Anti-Terrorism Court for the purpose and he shall be engaged at the expense of the Government.
(11-A) Nothing contained in sub-section (10) or (11) shall be construed to deny the accused the right to consult or be defended by a legal practitioner of his own choice.
Provided that the Anti-Terrorism Court may exercise its powers under this sub-section in a case in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that he could not appear within the said period by reason of circumstances beyond his control.
Pakistan, Anti-Terrorism Act, 1997, Section 19(10)–(12).
(c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the court for purposes of identification. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.
Philippines, Revised Rules of Criminal Procedure, 2000, Rule 115, Section 1(c).
c) To be present at every stage of the proceedings, from arraignment to promulgation of judgment. The juvenile may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence at the trial is specifically ordered by the court for purposes of identification. The absence of the juvenile without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When the juvenile under custody escapes, he shall be deemed to have waived his right to be present in all subsequent hearings until custody over him is regained.
Philippines, Rule on Juveniles in Conflict with the Law, 2002, Section 26(c).
7° the accused shall have the right to be tried in his or her presence.
8º the right to be tried in his [or] her presence.
Rwanda, Organic Law concerning Transfer of Cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and from Other States, 2007, as amended in 2009, Article 13(8º).
Sierra Leone, Constitution, 1991, Sections 23(5)(c) and (10) and 29(2) and (5).
Whenever any prisoner is required to appear before any court, to give evidence, or for any other purpose, it shall be lawful for such court in its discretion, if it considers the presence of such prisoner necessary for the ends of justice, by an order in writing to direct the Superintendent of the prison, where such prisoner shall be imprisoned, to produce such prisoner before such court, and such Superintendent shall in the absence of good and sufficient cause to the contrary, cause such prisoner to be produced in compliance with such order.
Sri Lanka, Prisons Ordinance, 1878, as amended to 2005, Article 96.
This article applies to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
(4) The trial of any person before the High Court under this regulation may commence or continue in the absence of such person if the Court is satisfied that he is [evading] arrest or absconding or feigning illness.
Sri Lanka, Emergency Regulations, 2005, as amended to 5 August 2008, Sections 62(1) and (4).
(iii) by reason of his conduct in court is obstructing or impeding the progress of the inquiry, the Magistrate may, if satisfied of these facts, commence and proceed or continue with the inquiry in the absence of the accused.
(b) An attorney-at-Law may appear for such absent accused.
(c) The inquiry shall proceed as far as is practicable in accordance with the provisions of this Act except that the provisions of section 416 of the Code of Criminal Procedure Act, No. 15 of 1979 [regarding the Court’s power where an accused has absconded to examine and record depositions of prosecution witnesses to be used in a trial upon arrest of the accused] shall not apply to the depositions recorded where there is a trial on indictment in the High Court, whether the accused is present in the High Court or not.
Sri Lanka, Code of Criminal Procedure (Special Provisions) Act, 2007, Article 6(11).
1. An accused is fit to plead if he or she is physically or mentally capable of understanding the proceedings.
2. In the event of temporary unfitness to plead, procedural acts that cannot be delayed shall be carried out in the presence of the defence.
3. If the accused remains unfit to plead, the criminal proceedings shall be suspended or abandoned.
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 114 (1)–(3).
“(2) be made a part of the record.
“(c) DELIBERATION OR VOTE OF MEMBERS.—When the members of a military commission under this chapter deliberate or vote, only the members may be present.
“(2) to prevent disruption of the proceedings by the accused.
United States, Military Commissions Act, 2006, Public Law 109-366, Chapter 47A of Title 10 of the United States Code, 17 October 2006, pp. 120 Stat. 2602, 2611 and 2612, §§ 948b(a) and 949d(b), (c) and (e).
“(B) To be present at all sessions of the military commission (other than those for deliberations or voting), except when excluded under section 949d of this title.
United States, Military Commissions Act, 2009, § 949a(b)(2)(B).
United States, Military Commissions Act, 2009, § 949d(d).
Venezuela, Penal Procedure Code, 2009, Article 125(12); see also Article 332.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states: “The trial will take place with the uninterrupted presence of the judge and the parties”.
Venezuela, Penal Procedure Code, 2012, Article 315; see also Explanatory Notes p. 5.
(3) Every person who is charged with a criminal offence … except with his own consent, the trial shall not take place in his absence.
Zimbabwe, Constitution, 1979, as amended to 2009, Sections 18(3) and 26(7).
Zimbabwe, Constitution, 2013, Sections 69(1), 70(1)(g), 86(2)(b) and (3)(e), and 87(1) and (4).
[I]t can be seen that it is possible to remove the accused from the courtroom if the accused persists in disruptive conduct after being warned by the Presiding Judge and that the proceedings may continue during this period if the accused is represented by counsel. Thus, the conclusion of the first instance panel that the mere fact that the accused is not physically present in the courtroom does not automatically mean that the trial cannot continue is additionally supported. And above all, it was noted that the purpose of the constant improper conduct of the accused was obviously to prevent continuation of the proceedings and delay it, as correctly concluded by the first instance panel. Considering the alternative measure which could be applied in the concrete case, that is, forceful bringing of the accused to the courtroom in spite of his will, regardless of the threats to appear in his underwear, as proposed by the Defense Attorney … in his appeal, the first instance panel concluded correctly that such treatment would represent the inhumane treatment of the accused, undermining the physical integrity of the accused and authority and the dignity of the Court.
Groundless is the appellate argument of the defence counsel noting that the main trial was held without the presence of the person whose presence was necessary pursuant to the law … In order to … protect [certain] witnesses …, the [first-instance] Panel rendered the decision to remove the Accused from the courtroom during the testimony of [these] witnesses. At the same time, the first-instance Panel decided to allow the Accused to follow their testimonies using technical means for transferring the image and sound in order to be able, following the direct examination, to consult his defence counsel concerning the cross examination. Contrary to the appellate arguments, the principle of the ban on trial in absentia was not violated by such conduct, nor was the Accused prevented from observing the trial and taking part in the main trial … [A]lthough the mentioned rights of the Accused were partially limited it was done in accordance with the statutory limitations and the ruling provided that the Accused follow the course of the main trial adequately, without violating his right to a defence.
[T]he universal jurisdiction clause, based on the presence in France of the supposed perpetrator of an offence which is likely to fall within the provisions of the New York Convention [1984 Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment] … is strict and cannot be extended to the situation where the interested person has domicile or residence in France but where the condition of physical presence of this person at the commencement of the proceedings is not satisfied.
France, Court of Cassation (Criminal Chamber), “Disappeared of the Beach” case, Judgment, 9 April 2008, p. 9.
Nothing in the record before us demonstrates that it would be impracticable to apply court-martial rules in this case. There is no suggestion, for example, of any logistical difficulty in securing properly sworn and authenticated evidence or in applying the usual principles of relevance and admissibility. Assuming arguendo that the reasons articulated in the President’s Article 36(a) determination ought to be considered in evaluating the impracticability of applying court-martial rules, the only reason offered in support of that determination is the danger posed by international terrorism. Without for one moment underestimating that danger, it is not evident to us why it should require, in the case of Hamdan’s trial, any variance from the rules that govern courts-martial.
United States, Supreme Court, Hamdan case, Judgment, Part VI C, 29 June 2006.
Venezuela, Supreme Tribunal of Justice, Ballestas case, Judgment, 10 December 2001, p. 2.
Article 75 of Protocol I will be applied insofar as sub-paragraph (e) of paragraph 4 is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom.
Austria, Reservations made upon ratification of the 1977 Additional Protocol I, 13 August 1982, § 3(a).
Article 6, paragraph 2, sub-paragraph (e) of Protocol II will be applied insofar as it is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom.
Austria, Reservations made upon ratification of the 1977 Additional Protocol II, 13 August 1982, § 6.
In 2006, in its fifth periodic report to the Human Rights Committee, Chile stated: “According to the new Code [of Criminal Procedure], accused persons have the following rights: … not to be tried in absentia, without prejudice to situations where an accused person is in default”.
Chile, Fifth periodic report to the Human Rights Committee, 5 July 2006, UN Doc. CCPR/C/CHL/5, submitted 7 February 2006, § 149; see also § 215.
- To be tried in his or her presence if he or she is accessible to the court.
Article 74, paragraph 4, subparagraph (e) of Additional Protocol I will be applied in such manner that it is for the court to decide whether an accused person held in custody may appear in person at the hearing before the court of review.
Germany, Declarations made upon ratification of the 1977 Additional Protocol I, 14 February 1991, § 8.
Article 6, paragraph 2, subparagraph (e) of Additional Protocol II will be applied in such manner that it is for the court to decide whether an accused person held in custody may appear in person at the hearing before the court of review.
Germany, Declarations made upon ratification of the 1977 Additional Protocol II, 14 February 1991, § 8.
Article 75 will be applied in Ireland insofar as paragraph 4(e) is not incompatible with the power enabling a judge, in exceptional circumstances, to order the removal of an accused from the court who causes a disturbance at the trial.
Ireland, Declarations and reservations made upon ratification of the 1977 Additional Protocol I, 19 May 1999, § 13.
Article 6 will be applied in Ireland insofar as paragraph 2(e) is not incompatible with the power enabling a judge, in exceptional circumstances, to order the removal of an accused from the court who causes a disturbance at the trial.
Ireland, Declarations and reservations made upon ratification of the 1977 Additional Protocol II, 19 May 1999, § 2.
Paragraph 4(e) is not incompatible with legislation under which any accused who causes a disturbance in court or whose presence could impede the questioning of another accused, a witness or expert may be excluded from the courtroom.
Liechtenstein, Reservations made upon ratification of the 1977 Additional Protocol I, 10 August 1989, § 1(a).
Article 6, paragraph 2(e), of Protocol II will be implemented provided that it is not incompatible with legislation under which any accused who causes a disturbance in court or whose presence could impede the questioning of another accused or of a witness or expert may be excluded from the court room.
Liechtenstein, Reservations made upon ratification of the 1977 Additional Protocol II, 10 August 1989, § 2.
Sub-paragraph (e) of paragraph 4 is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing or another witness or expert witness, may be removed from the courtroom.
Malta, Reservations made upon accession to the 1977 Additional Protocols I and II, 17 April 1989, § 1(a).
paragraph 2, sub-paragraph (e) of Protocol II will be applied insofar as it is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom.
Malta, Reservations made upon accession to the 1977 Additional Protocols I and II, 17 April 1989, § 2.
Nepal, Declaration of commitment on the implementation of human rights and international humanitarian law, 26 March 2004, § 5.
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include … Article 6 providing the rule on penal prosecutions due to the fact that these norms are reflected in Common Article 3 of the  Geneva Conventions.
(d) Verdicts delivered by military and single-judge courts in absentia may be contested within a period of five days commencing on the day following the date of communicating the verdict. Except in specified cases, all such verdicts are subject to appeal (articles 15, 79 and 80 of the Military Penal and Criminal Procedure Code). In all cases, including exceptions specified by the law, article 81 of the Code authorizes the Minister of Defence to appeal judgements before the Court of Cassation. Article 15, paragraph 4, stipulates that sentences of capital punishment are excluded from these exceptions and they may be appealed before the Court of Cassation in all cases.
Syrian Arab Republic, Third periodic report to the Human Rights Committee, 19 October 2004, UN Doc. CCPR/C/SYR/2004/3, submitted 5 July 2004, § 212.
5. Urges States to guarantee that all persons brought to trial before courts or tribunals under their authority have the right to be tried in their presence and to defend themselves in person or through legal assistance of their own choosing.
UN Commission on Human Rights, Res. 2003/39, 23 April 2003, preamble and § 5, voting record: 31-1-21.
4. Urges States to guarantee that all persons brought to trial before courts or tribunals under their authority have the right to be tried in their presence, to defend themselves in person or through legal assistance of their own choosing and to have all the guarantees necessary for the defence.
UN Commission on Human Rights, Res. 2004/32, 19 April 2004, preamble and § 4, adopted without a vote.
5. Urges States to guarantee that all persons brought to trial before courts or tribunals under their authority have the right to be tried in their presence, to defend themselves in person or through legal assistance of their own choosing and to have all the guarantees necessary for the defence.
UN Commission on Human Rights, Res. 2005/30, 19 April 2005, preamble and § 5, voting record: 52-0-1.
The Rapporteur of the Third Committee at the CDDH noted in relation to Article 75(4)(e) of the 1977 Additional Protocol I that “it was understood that persistent misconduct by a defendant could justify his banishment from the courtroom”.
CDDH, Official Records, Vol. XV, CDDH/407/Rev.1, 10 June 1977, p. 462, § 48.
96. The Appeals Chamber recalls that, pursuant to Article 20(4)(d) of the [1994 ICTR] Statute, the accused is entitled to be present at trial. The Appeals Chamber notes that this article is modeled on Article 14(3)(d) of the International Covenant on Civil and Political Rights (“ICCPR”) and to a very large extent reproduces it. The right of any accused to be tried in his or her presence is, moreover, fully provided for in regional human rights regimes. The question is whether a trial can be held in the absence of the accused where he refuses to attend the proceedings.
102. The fact that there is no prohibition on holding a trial in the absence of the accused if he refuses to attend emerges clearly from the practice deriving from international human rights instruments, as established prior to 23 October 2000, date of the first day of hearing in the present case. In particular, the Human Rights Committee had already held in 1983 that the provisions of Article 14 of the ICCPR do not prohibit proceedings in the accused’s absence when, for example, “the accused person, although informed of the proceedings sufficiently in advance, declines to exercise his right to be present”.
103. In C v. Italy, the European Commission of Human Rights recognized the possibility for an accused to waive his right to be present at trial. This possibility was subsequently recognized by the European Court of Human Rights.
104. Moreover, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa provide that “[t]he accused may voluntarily waive the right to appear at a hearing, but such a waiver shall be established in an unequivocal manner and preferably in writing”.
105. The Appeals Chamber further notes that, even though the Rules of the ICTY do not contain a rule corresponding to Rule 82 bis, the jurisprudence of the ICTY recognizes that the right to be present at trial can be waived explicitly.
106. Lastly, although its adoption occurred after 23 October 2000, the Appeals Chamber takes the view that Rule 60(A)(i) and (B) of the Rules of the Special Court for Sierra Leone sheds light on the aforementioned international practice in that it provides that an accused cannot be tried in his absence unless he has made his initial appearance, has been afforded the right to appear at his own trial, but refuses to do so.
107. It clearly emerges from the aforementioned concurring instruments and jurisprudence that, however firmly the right of the accused to be tried in his presence may be established in international law, that did not, on 23 October 2000, preclude the beneficiary of such right from refusing to exercise it. Insofar as it is the accused himself who chooses not to exercise his right to be present, such waiver cannot be assimilated to a violation by a judicial forum of the right of the accused to be present at trial. Such right is clearly aimed at protecting the accused from any outside interference which would prevent him from effectively participating in his own trial; it cannot be violated when the accused has voluntarily chosen to waive it.
108. According to the European Court of Human Rights, such a waiver must be given of the accused’s free will, with knowledge of the nature of the proceedings against him and of the date of the trial; it must be unequivocal and must not run counter to any important public interest. The Human Rights Committee also allows such a waiver provided that it is in the interest of the sound administration of justice, that the accused has been informed beforehand of the proceedings against him, as well as of the date and place of the trial, and that he has been notified that his attendance is required.
109. Pursuant to the foregoing case-law, the Appeals Chamber concludes that waiver by an accused of his right to be present at trial must be free and unequivocal (though it can be express or tacit) and done with full knowledge. In this latter respect, the Appeals Chamber finds that the accused must have had prior notification as to the place and date of the trial, as well as of the charges against him or her. The accused must also be informed of his/her right to be present at trial and be informed that his or her presence is required at trial. The Appeals Chamber finds further that, where an accused who is in the custody of the Tribunal decides voluntarily not to be present at trial, it is in the interests of justice to assign him or her Counsel in order, in particular, to guarantee the effective exercise of the other rights enshrined in Article 20 of the Statute. Moreover, Rule 82 bis of the Rules [of Procedure and Evidence], which allows the Trial Chamber to adjust the proceedings where an accused has refused beforehand to be present during his or her trial, also imposes such conditions.
ICTR, Nahimana case, Judgment on Appeal, 28 November 2007, §§ 96, 100 and 102–109.
Article 14, paragraph 3 (d) contains three distinct guarantees. First, the provision requires that accused persons are entitled to be present during their trial. Proceedings in the absence of the accused may in some circumstances be permissible in the interest of the proper administration of justice, i.e. when accused persons, although informed of the proceedings sufficiently in advance, decline to exercise their right to be present. Consequently, such trials are only compatible with article 14, paragraph 3 (d) if the necessary steps are taken to summon accused persons in a timely manner and to inform them beforehand about the date and place of their trial and to request their attendance.
Human Rights Committee, General Comment No. 32 [Article 14: Right to Equality before Courts and Tribunals and to a Fair Trial], 23 August 2007, § 36.
14.1 … According to article 14 (3) of the [1966 International Covenant on Civil and Political Rights], everyone is entitled to be tried in his presence and to defend himself in person or through legal assistance. This provision and other requirements of due process enshrined in article 14 cannot be construed as invariably rendering proceedings in absentia inadmissible irrespective of the reasons for the accused person’s absence. Indeed, proceedings in absentia are in some circumstances (for instance, when the accused person, although informed of the proceedings sufficiently in advance, declines to exercise his right to be present) permissible in the interest of the proper administration of justice. Nevertheless, the effective exercise of the rights under article 14 presupposes that the necessary steps should be taken to inform the accused beforehand about the proceedings against him (art. 14 (3) (a)). Judgement in absentia requires that, notwithstanding the absence of the accused, all due notification has been made to inform him of the date and place of his trial and to request his attendance. Otherwise, the accused, in particular, is not given adequate time and facilities for the preparation of his defence (art. 14 (3) (b)), cannot defend himself through legal assistance of his own choosing (art. 14 (3) (d)) nor does he have the opportunity to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf (art. 14 (3) (e)).
14.2 The Committee acknowledges that there must be certain limits to the efforts which can duly be expected of the responsible authorities of establishing contact with the accused. With regard to the present communication, however, those limits need not be specified. The State party has not challenged the author’s contention that he had known of the trials only through press reports after they had taken place. It is true that both judgements state explicitly that summonses to appear had been issued by the clerk of the court. However, no indication is given of any steps actually taken by the State party in order to transmit the summonses to the author, whose address in Belgium is correctly reproduced in the judgement of 17 August 1977 and which was therefore known to the judicial authorities. The fact that, according to the judgement in the second trial of March 1978, the summons had been issued only three days before the beginning of the hearings before the court, confirms the Committee in its conclusion that the State party failed to make sufficient efforts with a view to informing the author about the impending court proceedings, thus enabling him to prepare his defence. In the view of the Committee, therefore, the State party has not respected D. Monguya Mbenge’s rights under article 14 (3) (a), (b), (d) and (e) of the Covenant.
Human Rights Committee, Daniel Monguya Mbenge v. Zaire, Views, 25 March 1983, §§ 14.1–14.2.
… The Committee considers that the author was entitled to oral proceedings before the Court of Appeal. As the State party itself concedes, only this procedure would have enabled the Court to proceed with the reevaluation of all the evidence submitted by the parties, and to determine whether the procedural flaw had indeed affected the verdict of the District Court. In the light of the above, the Committee concludes that there has been a violation of article 14, paragraph 1 [of the 1966 International Covenant on Civil and Political Rights].
Human Rights Committee, Karttunen v. Finland, Views, 23 October 1992, § 7.3.
The Committee observes that when a defendant is not given an opportunity equal to that of the State party in the adjudication of a hearing bearing on the determination of a criminal charge, the principles of fairness and equality are engaged. It is for the State party to show that any procedural inequality was based on reasonable and objective grounds, not entailing actual disadvantage or other unfairness to the author. In the present case, the State party has offered no reason, nor does the file reveal any plausible reason, why it would be permissible to have counsel for the State take part in the hearing in the absence of the unrepresented defendant, or why an unrepresented defendant in detention should be treated more unfavourably than unrepresented defendant not in detention who can participate in the proceedings. Accordingly, the Committee concludes that a violation of the guarantee of equality before the courts in article 14, paragraph 1, [of the 1966 International Covenant on Civil and Political Rights] occurred in the circumstances of the case.
Human Rights Committee, Dudko v. Australia, Views, 29 August 2007, § 7.4.
In its judgment in the Colozza case in 1985, the European Court of Human Rights held that the conduct of a criminal trial without the presence of the accused was incompatible with Article 6 of the 1950 European Convention on Human Rights and that in cases where a person was convicted in absentia, there must be an opportunity for that person to reopen the trial.
European Court of Human Rights, Colozza case, Judgment, 12 February 1985, § 29.
The European Court of Human Rights held that a hearing in absentia was permitted if the State had acted diligently, but unsuccessfully, to give the accused effective notice of the hearing.
European Court of Human Rights, Colozza case, Judgment, 12 February 1985, § 28; see also F. C. B. v. Italy case, Judgment, 28 August 1991, § 33.
In several cases, the European Court of Human Rights decided that the right to be present included appeal proceedings if the issues considered were not purely those of law, but included issues of fact or sentencing.
See, e.g., European Court of Human Rights, Ekbatani v. Sweden, Judgment, 26 May 1988, § 31; Kremzow v. Austria, Judgment, 21 September 1993, §§ 59 and 67.
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “The conviction must be pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which include …trial in the presence of the accused”.
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 202(e).
The ICRC Commentary on the Additional Protocols states that Article 75(4)(e) of the 1977 Additional Protocol I “does not exclude sentencing a defendant in his absence if the law of the State permits judgement in absentia”.
Yves Sandoz et al. (eds.), Commentary on the Additional Protocols, ICRC, Geneva, 1987, § 3109.
In some countries the discussions of the judges of the court are public and take place before the defendant; in other countries the discussion is held in camera, and only the verdict is made public. Finally, there are countries where the court’s decision is communicated to the defendant by the clerk of the court in the absence of the judges. This sub-paragraph does not prohibit any such practices: the important thing is that the defendant is present at the sessions where the prosecution puts its case, when oral arguments are heard, etc. In addition, the defendant must be able to hear the witnesses and experts, to ask questions himself and to make his objections or propose corrections.
Yves Sandoz et al. (eds.), Commentary on the Additional Protocols, ICRC, Geneva, 1987,7break; § 3110.
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 9(d), IRRC, No. 282, 1991, p. 334.


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Showing 13 posts from May 2007.
Matulich v. Aegis Communications Group. Inc., C.A. No. 2601-CC (May 31, 2007).
Under Section 253 of the DGCL, a parent corporation that owns 90% or more of the stock entitled to vote in a subsidiary may merge the subsidiary into itself without a stockholder vote. Here, however, some of the subsidiary's stock had the right to 'consent' to major corporate events, but not to vote on those events. Illustrating the importance of adherence to proper corporate formalities, this decision holds that the right to "'consent' is not the same thing as the right to vote". Hence, the merger was valid when the parent company had 90% of the voting stock of the subsidiary, even if the minority stockholder with the right to consent to the merger did not do so. In short, be careful how you write a corporate charter because the words used really count.
On January 15, 2008, the Delaware Supreme Court affirmed the Court of Chancery's judgment.
Ginsburg v. Philadelphia Stock Exchange, C.A. No. 2202-CC (May 31, 2007).
It is often thought that even a short delay in seeking injunctive relief may bar a claim. Certainly in the case of claims to rescind a corporate transaction, any delay may be fatal. However, when the Court is satisfied that the plaintiff has been diligent, it is less likely to punish the delay that occurs in following the command of the Delaware Supreme Court to use the right to review corporate records before filing suit.
In this decision, the plaintiff knew he objected to the sale of securities by the PHLX and filed a demand to review its records on that sale. A year after the sale, he sued to have it rescinded. The Court denied the motion of the defendants for summary judgment on the claim for rescission because much of the delay in suing was attributed to the time the PHLX took in producing the documents the plaintiff had sought to review. In short, if you follow the rules to use the tools at hand you may get the time to do so.
Xpress Management Inc. v. Hot Wings International Inc., C.A. No. 2856-VCL (May 30, 2007).
Under very unusual circumstances, this decision entered a stay of a Delaware proceeding to dissolve a Delaware corporation because of prior filed litigation in Canada. While the law governing stays of Delaware litigation is very well developed, it is unusual to stay a proceeding for dissolution of a Delaware corporation. That is a particularly Delaware-based remedy that its courts are reluctant to forgo when the statutory prerequisites are met.
Here, however, the facts supporting the issuance of a stay were particularly strong. These included extensive and abusive litigation between the parties in Canada, the jurisdiction of the Canadian courts over the key assets in dispute and the existence of orders by the Canadian courts that dealt with the merits of the underlying dispute between the parties that had little to do with Delaware law.
North American Catholic Educational Programming Foundation, Inc. v. Gheewalla, C.A. No. 521, 2006 (May 18, 2007).
For many years, the rights of corporate creditors to bring breach of fiduciary duty claims against directors has been the subject of much debate. For the most part, commentators have felt there was little need to protect creditors who it was said should protect themselves through their loan agreements. Nonetheless, substantial case law existed that upheld the right of creditors to sue directors.
Openwave Systems Inc. v. Harbinger Capital Partners Master Fund I, Ltd., C.A. No. 2690-VCL (May 18, 2007).
Corporate bylaws sometimes require that the company be given advance notice of the intent to nominate anyone for election to the board. When those provisions are not clear, they will be interpreted in the way that expands stockholder rights. However, when the provisions are clear enough to give notice of their minimum requirements, then they will be enforced. That is what occurred here where the winning candidate was disqualified for his failure to comply with a reasonably clear advanced-notice bylaw.
Pershing Square L.P. v. Ceridian Corporation, C.A. No. 2780-CC (Del. Ch. May 11, 2007).
To obtain inspection of corporate records, a stockholder must show that her purpose is a proper one. This decision holds that determining the suitability of a candidate to serve as a director is a proper purpose. That much is no surprise.
Levy v. HLI Operating Company, Inc., C.A. No. 1395-VCL (May 16, 2007).
It is widely thought that fee provisions in indemnification agreements are always enforceable. Think again. This decision held void a provision in an indemnification agreement that would have provided for payment of attorney fees even when the plaintiff lost his right to indemnification. Hence, agreements to pay attorneys fees to directors will need to be redrafted to make sure that an employment benefit is not dependent on the right to indemnification itself.
Wilmington Paper Corp. v. ANDA Management LLC, C.A. No. 2568-VCN (May 14, 2007).
When a dispute is subject to an arbitration agreement, it is often the case that immediate relief is needed to protect the parties in the period before the arbitration is decided. While sometimes an arbitration panel may have the power to issue orders that provide that relief, that is not always the case. Here, the Court of Chancery issued a status quo order that limited management powers while an arbitration panel was being formed and was to review the disputes.
Status quo orders are thus a way to deal with problems that occur before the arbitrators can decide what to do. Note, however, that the Court limited the status quo order to the period before the arbitrators could act.
Crescent/Mach I Partnership LLP v. Turner, C.A. 17455-VCN (May 2, 2007).
Predicting how the Court of Chancery will determine value in an appraisal proceeding is a difficult task. To some extent, each appraisal case will involve a battle of experts. Which side will ultimately prevail can be hard to predict, at least before cross examination. Further, the discounted cash flow approach frequently used by the Court of Chancery can be complicated. This decision offers a primer on that process and is well worth the trip for those willing to put in the time.
In re: The Topps Company Shareholder Litigation, C.A. No. 2786-VCS (Del. Ch. May 9, 2007).
Dittrick v. Chalfant, C.A. No. 2156-S (Del. Ch. May 8, 2007).
Delaware's Court System Does It Again!
To read a copy of the study, click here.
In re Appraisal of Transkaryotic Therapies Inc., C.A. 1554-CC (May 2, 2007).
A company subject to an appraisal petition argued that a beneficial owner who acquired its shares after the record date to vote for the merger should be required to prove that those shares had been voted against the merger by the record holder, Cede & Co.
The Court rejected that argument and noted that the Delaware Supreme Court has long held that a beneficial owner may demand appraisal through a record owner such as Cede & Co. Given that it is not practical for a beneficial owner to trace its shares through depositories such as Cede, this result seems fair and in compliance with prior decisions.

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Inhibition of C5-cytosine-DNA-methyltransferases by O. V. Kirsanova; N. A. Cherepanova; E. S. Gromova (1175-1186).
Changes in the methylation pattern of genomic DNA, particularly hypermethylation of tumor suppressor genes, occur at early stages of tumor development. Errors in DNA methylation contribute to both initiation and progression of various cancers. This stimulates significant interest in searching for inhibitors of C5-DNA-methyltransferases (MTases). Here we review the known nucleoside mechanism-based reversible and irreversible inhibitors of the MTases, as well as non-nucleoside ones, and discuss their inhibitory mechanisms and application for MTase investigations and cancer therapy.
Production of biologically active human myelocytokines in plants by A. S. Zvereva; L. E. Petrovskaya; A. V. Rodina; O. Y. Frolova; P. A. Ivanov; L. N. Shingarova; T. V. Komarova; Y. L. Dorokhov; D. A. Dolgikh; M. P. Kirpichnikov; J. G. Atabekov (1187-1194).
An effective system for expression of human granulocyte and granulocyte macrophage colony-stimulating factors (hG-CSF and hGM-CSF) in Nicotiana benthamiana plants was developed using viral vector based on tobacco mosaic virus infecting cruciferous plants. The genes of target proteins were cloned into the viral vector driven by actin promoter of Arabidopsis thaliana. The expression vectors were delivered into plant cells by agroinjection. Maximal synthesis rate was detected 5 days after injection and was up to 500 and 300 mg per kg of fresh leaves for hG-CSF and hGM-CSF, respectively. The yield of purified hG-CSF and hGM-CSF was 100 and 50 mg/kg of fresh leaves, respectively. Recombinant plant-made hG-CSF and hGM-CSF stimulated proliferation of murine bone marrow and human erythroleucosis TF-1 cells, respectively, at the same rate as the commercial drugs.
Use of models of biomacromolecule separation in AMT database generation for shotgun proteomics by M. L. Pridatchenko; I. A. Tarasova; V. Guryca; A. S. Kononikhin; C. Adams; D. A. Tolmachev; A. Yu. Agapov; V. V. Evreinov; I. A. Popov; E. N. Nikolaev; R. A. Zubarev; A. V. Gorshkov; C. D. Masselon; M. V. Gorshkov (1195-1202).
Generation of a complex proteome database requires use of powerful analytical methods capable of following rapid changes in the proteome due to changing physiological and pathological states of the organism under study. One of the promising technologies with this regard is the use of so-called Accurate Mass and Time (AMT) tag peptide databases. Generation of an AMT database for a complex proteome requires combined efforts by many research groups and laboratories, but the chromatography data resulting from these efforts are tied to the particular experimental conditions and, in general, are not transferable from one platform to another. In this work, we consider an approach to solve this problem that is based on the generation of a universal scale for the chromatography data using a multiple-point normalization method. The method follows from the concept of linear correlation between chromatography data obtained over a wide range of separation parameters. The method is further tested for tryptic peptide mixtures with experimental data collected from mutual studies by different independent research groups using different separation protocols and mass spectrometry data processing tools.
Primary processes of charge separation in reaction centers of YM210L/FM197Y and YM210L mutants of Rhodobacter sphaeroides by A. G. Yakovlev; L. G. Vasilieva; A. Y. Shkuropatov; V. A. Shuvalov (1203-1210).
Difference femtosecond absorption spectroscopy with 20-fsec temporal resolution was applied to study a primary stage of charge separation and transfer processes in reaction centers of YM210L and YM210L/FM197Y site-directed mutants of the purple bacterium Rhodobacter sphaeroides at 90 K. Photoexcitation was tuned to the absorption band of the primary electron donor P at 880 nm. Coherent oscillations in the kinetics of stimulated emission of P* excited state at 940 nm and of anion absorption of monomeric bacteriochlorophyll B A − at 1020 nm were monitored. The absence of tyrosine YM210 in RCs of both mutants leads to strong slowing of the primary reaction P* → P+B A − and to the absence of stabilization of separated charges in the state P+B A − . Mutation FM197Y increases effective mass of an acetyl group of pyrrole ring I in the bacteriochlorophyll molecule PB of the double mutant YM210L/FM197Y by a hydrogen bond with OH-TyrM197 group that leads to a decrease in the frequency of coherent nuclear motions from 150 cm−1 in the single mutant YM210L to ∼100 cm−1 in the double mutant. Oscillations with 100–150 cm−1 frequencies in the dynamics of the P* stimulated emission and in the kinetics of the reversible formation of P+B A − state of both mutants reflect a motion of the PB molecule relatively to PA in the area of mutual overlapping of their pyrrole rings I. In the double mutant YM210L/FM197Y the oscillations in the P* emission band and the B A − absorption band are conserved within a shorter time ∼0.5 psec (1.5 psec in the YM210L mutant), which may be a consequence of an increase in the number of nuclei forming a wave packet by adding a supplementary mass to the dimer P.
Myoglobin and mitochondria: Oxymyoglobin interacts with mitochondrial membrane during deoxygenation by G. B. Postnikova; S. V. Tselikova; E. A. Shekhovtsova (1211-1218).
The rates of oxygen uptake by rat liver mitochondria (MC) (native coupled, freshly frozen, and uncoupled by FCCP) have been measured polarographically in the absence (V 0) or presence (V 1) of 0.11–0.25 mM sperm whale MbO2. Under the same standard conditions, the rate of sperm whale MbO2 deoxygenation (V 2) has been studied spectrophotometrically in the presence of respiring MC. For freshly frozen MC, the dependence of V 1 and V 2 on the overall charge of MbO2 has been investigated at pH 5.6–7.6, and the influence of other differently charged proteins (apomyoglobin, egg lysozyme, lactalbumin, and BSA) has been studied at pH 7.4. It is shown that the rate of mitochondrial respiration in the presence of MbO2 increases by 10–30% (V 1 > V 0). No myoglobin effect is observed for FCCP-uncoupled MC (V max does not change). The rate of MbO2 deoxygenation is equal to the rate of oxygen uptake by mitochondria (V 2/V 1 ∼ 1 at pH 7.2–7.5). At varying pH < 7.2, the V 2 values become markedly higher than V 1, evidently due to the increased MbO2 positive charge and its stronger interaction with negatively charged mitochondrial membrane. At pH 7.4, on the contrary, V 2 is twice lower than V 1 in the case of negatively charged CM-MbO2 (pI 5.2), which has carboxymethylated histidines. Positively charged lysozyme (pI 11) strongly inhibits MbO2 deoxygenation (V 2) without affecting oxygen uptake by MC (V 0 and V 1). At the same time, apomyoglobin (pI 8.5), which is structurally very similar to the holoprotein, and both negatively charged lactalbumin (pI 4.4) and BSA (pI 4.7) have no substantial influence on V 2 and V 1. The MC membrane evidently has no specific sites for the interaction with myoglobin. Rather, the protein contacts with phospholipids of the outer membrane during MbO2 deoxygenation, and electrostatic interactions are of great importance for this process.
Revealing of Saccharomyces cerevisiae yeast cell wall proteins capable of binding thioflavin T, a fluorescent dye specifically interacting with amyloid fibrils by A. A. Gorkovskii; E. E. Bezsonov; T. A. Plotnikova; T. S. Kalebina; I. S. Kulaev (1219-1224).
Proteins binding thioflavin T leading to its specific fluorescence were discovered in a fraction of noncovalently bound Saccharomyces cerevisiae yeast cell wall mannoproteins. Thioflavin-binding proteins display high resistance to trypsin digestion in solution. These data are the first experimental evidence for the presence of proteins whose properties are characteristic of amyloids in yeast cell wall, except for data on glucanotransferase Bgl2p that has amyloid properties. Our data suggest the anchoring of these proteins in the cell wall by a trypsin-sensitive part of the protein molecule. Experiments with a mutant strain devoid of the BGL2 gene suggest the compensation of absent amyloid-like protein Bgl2p by increase in contents of thioflavin-binding proteins in the cell wall.
Study of interaction of ceruloplasmin, lactoferrin, and myeloperoxidase by photon correlation spectroscopy by A. V. Sokolov; V. N. Prozorovskii; V. B. Vasilyev (1225-1227).
In this work, the diameters of protein complexes formed upon interaction of ceruloplasmin (CP) with lactoferrin (LF) and myeloperoxidase (MPO) were determined. Gage dependence of the diameter of protein particles (myoglobin, albumin, LF, CP, MPO, aldolase, ferritin) on their molecular mass logarithm was calculated. The diameter of a complex formed upon mixing CP and LF was 8.4 nm, which is in line with the radius of gyration obtained previously when the 1CP-1LF complex was studied by small-angle X-ray scattering. The diameter of a complex formed upon interaction of CP with MPO is 9.8 nm, corresponding to the stoichiometry 2CP: 1MPO. The diameter of a complex formed when LF is added to the 2CP-1MPO complex is 10.7 nm. The latter is consistent with the notion of a pentameric structure 2LF-2CP-1MPO with molecular mass of about 585 kDa.
Appearance of differentiation characteristics (Induction of Ah-Receptor-Dependent Genes) during cultivation of transformed cell clone K8 from embryonic rat fibroblasts by V. A. Evteev; A. V. Gasparian; N. P. Scherbak; V. A. Kobliakov (1228-1233).
The differentiation status of fibroblasts can be characterized by their ability to induce Ah-receptor-dependent genes. The ability to induce Ah-receptor-dependent genes encoding cytochrome P450 isoforms, Ah-receptor repressor, and NADPH-quinine oxidoreductase were studied in the transformed cell clone K8 obtained from immortalized embryonic rat fibroblasts by treatment with benzo(a)pyrene and in the parental clone F27. Treatment with benz(a)anthracene did not induce the genes in the transformed clone K8 on passages 4–14, but the induction was recorded in the transformed clone beginning from the 16th passage and later, whereas in F27 cells the induction was observed throughout the experiment. Induction levels of mRNA of the induction-regulating genes encoding the Ah-receptor and Ah receptor nuclear translocator were similar in F27 cells and in the transformed cell clone K8 in both early and late passages. Electrophoretic mobility shift assay showed that in clone K8 transmission of the induction signal was disturbed in the early passages before interaction of the activated Ah-receptor with the recognizing region of DNA. Possible mechanisms responsible for the absence of induction in the early passages in the transformed cells are discussed.
Halogenated pyruvate derivatives as substrates of transketolase from Saccharomyces cerevisiae by O. A. Esakova; L. E. Meshalkina; G. A. Kochetov; R. Golbik (1234-1238).
Pyruvate derivatives halogenated at C3 were shown to be donor substrates in the transketolase reaction. No drastic differences between the derivatives were observed in the value of the catalytic constant, whereas the Michaelis constant increased in the following order: Br-pyruvate < Cl-pyruvate < Cl2-pyruvate < F-pyruvate < Br2-pyruvate. The presence of the halogenated pyruvate derivatives increased the affinity of apotransketolase for the coenzyme; of note, the extent of this effect was equal with both of the active centers of the enzyme. In contrast, the presence of any other substrate known to date, including hydroxypyruvate (i.e. pyruvate hydroxylated at C3), induced nonequivalence of the active centers in that they differed in the extent to which the affinity for the coenzyme increased. Consequently, the β-hydroxyl of dihydroxyethylthiamine diphosphate (an intermediate of the transketolase reaction) played an important role in the phenomenon of non-equivalence of the active centers associated with the coenzyme binding. The fundamental possibility was demonstrated of using halogenated pyruvate derivatives as donors of the halogen-hydroxyethyl group in organic synthesis of halogenated carbohydrates involving transketolase.
Proteomic analysis of human skeletal muscle (m. vastus lateralis) proteins: Identification of 89 gene expression products by M. A. Kovalyova; L. I. Kovalyov; I. Yu. Toropygin; S. V. Shigeev; A. V. Ivanov; S. S. Shishkin (1239-1252).
Proteins from bioptates and autoptates of human skeletal muscle m. vastus lateralis were separated by O’Farrell two-dimensional gel electrophoresis (2DE). MALDI-TOF MS and MS/MS enabled identification of 89 protein spots as expression products of 55 genes. A modification of the O’Farrell’s method including non-equilibrium electrophoresis in a pH gradient allowed detection — among major sarcomeric, mitochondrial, and cytosolic proteins — of several proteins, such as PDZ- and LIM domain-containing ones (pI > 8.70), fragments of known proteins, and a stable complex of heavy and light ferritin chains. The data underlie further studies of human skeletal muscle proteins in terms of molecular mechanisms of some physiological and pathological processes.
Heavy metal ions affect the activity of DNA glycosylases of the Fpg family by I. R. Grin; P. G. Konorovsky; G. A. Nevinsky; D. O. Zharkov (1253-1259).
Prokaryotic enzymes formamidopyrimidine-DNA glycosylase (Fpg) and endonuclease VIII (Nei) and their eukaryotic homologs NEIL1, NEIL2, and NEIL3 define the Fpg family of DNA glycosylases, which initiate the process of repair of oxidized DNA bases. The repair of oxidative DNA lesions is known to be impaired in vivo in the presence of ions of some heavy metals. We have studied the effect of salts of several alkaline earth and transition metals on the activity of Fpg-family DNA glycosylases in the reaction of excision of 5,6-dihydrouracil, a typical DNA oxidation product. The reaction catalyzed by NEIL1 was characterized by values K m = 150 nM and k cat = 1.2 min−1, which were in the range of these constants for excision of other damaged bases by this enzyme. NEIL1 was inhibited by Al3+, Ni2+, Co2+, Cd2+, Cu2+, Zn2+, and Fe2+ in Tris-HCl buffer and by Cd2+, Zn2+, Cu2+, and Fe2+ in potassium phosphate buffer. Fpg and Nei, the prokaryotic homologs of NEIL1, were inhibited by the same metal ions as NEIL1. The values of I50 for NEIL1 inhibition were 7 µM for Cd2+, 16 µM for Zn2+, and 400 µM for Cu2+. The inhibition of NEIL1 by Cd2+, Zn2+, and Cu2+ was at least partly due to the formation of metal-DNA complexes. In the case of Cd2+ and Cu2+, which preferentially bind to DNA bases rather than phosphates, the presence of metal ions caused the enzyme to lose the ability for preferential binding to damaged DNA. Therefore, the inhibition of NEIL1 activity in removal of oxidative lesions by heavy metal ions may be a reason for their comutagenicity under oxidative stress.
Stress-induced changes in accumulation of sorbitol and in activities of concomitant enzymes in digestive gland of freshwater snail by I. L. Tsvetkov; A. S. Konichev (1260-1265).
Sorbitol content was determined in the digestive gland of freshwater snail (Viviparus viviparus L.) in different seasons and in a short-term experiment on the water temperature decrease and on intoxication with cadmium chloride. In the model experiments, changes in activities of enzymes involved in sorbitol metabolism (acid phosphatases, sorbitol dehydrogenase, and aldose reductase) were also studied. Sorbitol was accumulated by the snail in response to the temperature decrease (as a cryoprotectant) and under conditions of acute intoxication (as a probable metabolic regulator or a nonspecific protective factor). However, the mechanisms of this accumulation are different: on cold adaptation sorbitol is produced as a result of reduction of glucose under the influence of aldose reductase, and on intoxication sorbitol is mainly produced from fructose under the influence of sorbitol dehydrogenase. Pathways of the sorbitol accumulation and its re-involvement into metabolism are not always the same, and this might be a mechanism for regulation of carbohydrate metabolism (at the initial stage of glycolysis) on adaptation to unfavorable factors of the environment.
Preparation and characterization of Cu,Zn-superoxide dismutase covalently modified by polyunsaturated fatty acids by Z. J. Zhan; Z. G. Zhou; W. G. Shan (1266-1269).
To improve its stability and lipophilicity, Cu,Zn-superoxide dismutase (SOD) was chemically modified with linoleic and α-linolenic acids using two different methods. Higher retained enzymatic activity has been observed compared with SOD modified by macromolecular substances. Enhanced heat stability, acid and alkali resistance, and anti-pepsin/trypsin ability of the modified SOD were observed compared with those of the natural enzyme, the apparent oil-water partition coefficient being especially increased. The results characterize SOD modified with polyunsaturated fatty acids as a promising pharmacological tool.
Identification of messenger RNA substrates for mouse T-STAR by L. Y. Zhang; M. Zeng; P. Chen; H. Q. Sun; D. C. Tao; Y. Q. Liu; L. Lin; Y. Yang; S. Z. Zhang; Y. X. Ma (1270-1277).
Using the method of isolation of specific nucleic acids associated with proteins (SNAAP), we have identified 10 candidate target mRNA substrates bound by mT-STAR (mouse T-STAR protein) from testis extract. Among them, our study focused on Fabp9, a gene that is essential for male gametogenesis, and showed that mT-STAR could directly bind to Fabp9 mRNAs. The binding sites are in a short sequence of the coding region and 3′ untranslated region of Fabp9 mRNA. These suggest that mT-STAR can regulate the metabolism and expression of Fabp9. In conclusion, identification of mT-STAR-bound mRNA substrates might help to illustrate the potential spectrum of the process and provide valuable insight into the biological function of this RNA-binding protein in spermatogenesis.
Interaction of DNA topoisomerase 1 with DNA intermediates and proteins of base excision repair by N. A. Lebedeva; N. I. Rechkunova; K. Agama; Y. Pommier; O. I. Lavrik (1278-1284).
The interaction of human recombinant DNA topoisomerase 1 (Top1) with linear and circular DNA structures containing a nick or short gap but lacking a specific Top1 recognition site was studied. The effect of key excision repair proteins on formation of the Top1 covalent adduct with the DNA repair intermediates was shown. Partial inhibition of the Top1-DNA-adduct formation upon addition of poly(ADP-ribose) polymerase 1 in the absence of NAD+ was shown, whereas in the presence of NAD+ formation of a high molecular weight product, most likely corresponding to poly(ADP)-ribosylated Top1-DNA adduct, was observed. The data show that the key base excision repair proteins can influence formation of suicide Top1-DNA adducts. Top1 was identified by immunoprecipitation in the bovine testis nuclear extract as the protein forming the main modification product with nick-containing DNA.
Isotachophoresis of nucleic acids in agarose gel rods by V. N. Kondratova; I. V. Botezatu; V. P. Shelepov; A. V. Lichtenstein (1285-1288).
A new method of electrophoresis (isotachophoresis in agarose gel rods) in which nucleic acid molecules are not separated but, oppositely, are brought together into one band, was elaborated. Heterogeneous in size DNA and RNA polymers present in a few milliliters of a solution at so low concentration that their isolation by other methods is hardly attainable and fraught with losses are brought together into one visible narrow band when put in a discontinuous electric field. Polynucleotides migrate in dilute (0.1%) semifluid agarose gel that permits easy quantitative isolation of the band of interest. Resulting DNA can be used directly in PCR. The suggested method for isolation of micro amounts of nucleic acids from dilute solutions can be applied to forensic and clinical research and cancer gene diagnostics by the analysis of fragmented circulating DNA from bodily fluids.
Glycoscience. Chemistry and chemical biology by G. Wiederschain (1289-1289).

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James W. Bannister graduated from the University of South Carolina School of Law in 1995.
In 1995, he was admitted to the practice of law in South Carolina and is a member of the South Carolina Bar, Federal Bar Association, O'Neal Inn of Court, Greenville Young Lawyers Association, National Association of Criminal Defense Lawyers, South Carolina Criminal Defense Lawyers Association, National Board of Trial Advocacy, and the Greenville Chamber of Commerce (member, Board of Regents, 1999-2001). Mr. Bannister was appointed by the South Carolina Supreme Court to the South Carolina Criminal Rules Task Force. Additionally, he serves on the South Carolina Bar Criminal Law Committee. He is also LexisNexis Martindale-Hubbell Peer Review Rated.
Recognized as a top lawyer in Greenville, Mr. Bannister was listed in the Best Lawyers in America for the past 5 years (2007-2012) for his work in DUI/DWI Defense as well as white and non-white collar criminal defense. He achieved Criminal Trial Advocacy Certification from the National Board of Trial Advocacy in 2007. He serves actively as a member of the Board of Stewards at Buncombe St. United Methodist Church in Greenville.
In 2004, he received the Young Lawyer of the Year Award for S.C., from the American Board of Trial Advocates and was listed as one of the Best & Brightest Under 35 in the Greenville Magazine.
Born in Greenville, Mr. Bannister was a member of Phi Eta Sigma and Phi Beta Kappa. He also served on the Order of the Barristers and formerly served as a law clerk to the Honorable Henry M. Herlong, Jr. of the U.S. District Court. From 2000-2004, Mr. Bannister worked on the Civil Service Commission.
Johnson v. Collins Entertainment Co., 204 F.3d 573 (2000); Johnson v. Collins Entertainment Co., 199 F.3d 710 (1999); Kirkland v. Chastain, 105 F.3d 647 (1997); Hamby v. U.S., 538 F.2d 324 (1976); United States v. Massingale, 500 F.2d 1224 (1974); Ex parte Strom, Opinion 25213, 539 S.E.2d 699 (2000); Lee v. South Carolina Dep't of Natural Resources, 530 S.E.2d 112 (2000); Johnson v. Collins Entertainment Co., 508 S.E.2d 575 (1998); Abba Equip. Inc.v. Thomason, 517 S.E.2d 235 (1999); Ex parte Strom, Opinion 2954, 514 S.E.2d 599 (1998).

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Most vitamins cannot be synthesized by the body in sufficient amounts, which means they must be ingested. Some vitamins, like A, D, E and K, are fat-soluble and are stored by the body so it is not necessary to consume them every day. Others, such as vitamin C and the B-complex vitamins, are water-soluble and must be replenished on a daily basis.
Among its other functions, vitamin A contributes to the growth and development of bones, cell development, prevention of infectious diseases and improvement of vision. It also contributes to the normal functioning of the reproductive system.
Although the active form of vitamin A, retinol, is found only in animal products, this doesn’t pose any problem for a vegan diet. Plants contain more than 50 components called carotenoids, like β-Carotene, which the body can convert into vitamin A. Carotenoids also have antioxidant properties and other benefits that may reduce the risks of cancer and heart disease.
Vitamin A can be obtained from orange, red and dark green vegetables, such as carrots, sweet potatoes, pumpkin, kale, spinach, radicchio, lettuce, broccoli, Brussels sprouts, asparagus, tomatoes, peaches and cantaloupe. Cooking as well as chopping and crushing fruits and vegetables improve absorption. Including some fats like nuts, seeds or avocados can also increase absorption of carotenoids. Carrots are especially rich in vitamin A and carotenoids, so much so that the necessary daily amount is contained in a small raw carrot (30 g).
It appears that sun drying destroys vitamin A, and frying can also destroy it. Canned vegetables lose between 15% and 30% of their vitamin A, and it is also missing in fried foods.
Vitamin B2 has various functions, such as converting food into energy. It works with other vitamins in the B-complex, and it’s important for body growth and the production of red blood cells. It plays a role in tissue regeneration, and it helps preserve the cells of the nervous system. These are just some of its many functions.
Both sunlight and fluorescent light can destroy riboflavin. For this reason it’s recommended that foods rich in riboflavin be stored in opaque containers.
Ingestion of very low levels of vitamin B12 can cause anemia and nervous system damage. Many people who aren’t vegan have serious problems with vitamin B12 deficiency, often due to poor assimilation related to their diet. However, in the case of vegans, as indicated above, it’s a particular problem to have any type of deficiency in this vitamin, not just for health reasons as in the case of non-vegans, but also because of the bad image of the vegan diet it may give.
For many years there has been a discussion concerning vegetable sources of vitamin B12, with some people claiming that B12 can be obtained from spirulina and certain seaweeds. Research indicates that these are not reliable sources,2 but this should not be a problem for vegans, as there are foods fortified with this vitamin, as well as supplements.
There are several ways to obtain good levels of vitamin B12 on a vegan diet. The first is to consume fortified foods several times a day with amounts adding up to 4-7 mcg.3 A second way is to take a daily B12 supplement of at least 25 mcg, preferably Cyanocobalamin, the form with the most proven effectiveness. A third possibility is to take a 1,000 mcg supplement twice a week, or larger amounts. Note that when supplements are consumed daily, the doses must be much smaller.4 This is because the body can absorb only a small percentage of each dose. Drug stores and some supermarkets sell bottles of 1,000 mcg B12 tablets that are inexpensive, so this may be the easiest way to avoid B12 deficiencies.
Vitamin D aids in the absorption of calcium and phosphorus in the intestines and contributes to them being deposited in the bones and teeth. It also contributes to cellular growth and strengthens the immune system among other functions.
We can often synthesize vitamin D through sun exposure, though this depends on several factors that are explained below. Our body retains vitamin D for several weeks, so we can have good levels of this vitamin even on the days without sun exposure. There are also vegan foods fortified with vitamin D.
There are various factors that affect how much sun exposure we need in order to produce adequate amounts of vitamin D. Some studies have found that someone with light skin needs about 10 to 15 minutes of sun exposure on their face and forearms without sunscreen during the part of the day when sunlight is the strongest (between about 10 AM and 2 PM) to produce adequate amounts. For someone with dark skin, it may take 20 minutes or more, and for the elderly, who have the poorest assimilation, about 30 minutes is recommended.
Another important consideration is that Europe, Canada, large parts of Asia and most U.S. states are above the 35th parallel north, and New Zealand and parts of Argentina and Chile are below the 35th parallel south. In these places the ability to synthesize vitamin D from sunlight during the winter and spring is greatly reduced, due to the angle of the sunlight during those months.9 In such places, special attention should be paid to meeting nutritional needs for vitamin D during those months.
For someone whose main sources of vitamin D are fortified foods or supplements, the recommended daily amount is 800 IU (20 mcg) per day for adults, and 400 IU (10 mcg) for children. Many experts recommend 1,000-2,000 IU (25-50 mcg) or more for optimal health with an upper limit of 4,000 IU (100 mcg) without medical supervision.10 Vitamin D2 (ergocalciferol) is the type of vitamin D that is always vegan, though recently a few brands have begun to sell vegan D3.
Unlike us, some animals of other species, such as cats, cannot synthesize vitamin D with exposure to sunlight. For this reason, cats must consume vitamin D through foods supplemented with it. There are various brands of vegan cat food that are supplemented with vitamin D.
Melina, V.; Craig, W. & Levin, S. (2016) “Position of the Academy of Nutrition and Dietetics: Vegetarian diets”, Journal of the Academy of Nutrition and Dietetics, 116, pp. 1970-1980 [accessed on 21 January 2017].
1 Norris, J. & Messina, V. (2011) Vegan for life, Philadelphia: Da Capo, p. 76.
2 Dagnelie, P. C.; van Staveren, W. A.; van den Berg, H. (1991) “Vitamin B-12 from algae appears not to be bioavailable”, American Journal of Clinical Nutrition, 53, pp. 695-697; Schwarz, J.; Dschietzig, T; Schwarz, J.; Dura, A.; Nelle, E.; Watanabe, F.; Wintgens, K. F.; Reich, M. & Armbruster, F. P. (2014) “The influence of a whole food vegan diet with Nori algae and wild mushrooms on selected blood parameters”, Clinical Laboratory, 60, pp. 2039-2050.
3 Bor, M. V.; von Castel-Roberts, K. M.; Kauwell, G. P. A.; Stabler, S. P.; Allen, R. H.; Maneval, D. R.; Bailey, L. B. & Nexo, E. (2010) “Daily intake of 4 to μg dietary vitamin B-12 is associated with steady concentrations of vitamin B-12–related biomarkers in a healthy young population”, The American Journal of Clinical Nutrition, 91, pp. 571-577 [accessed on 17 November 2016].
4 Hokin, B. D.; Butler, T. (1999) “Cyanocobalamin (Vitamin B-12) status in Seventh-day Adventist Ministers in Australia”, The American Journal of Clinical Nutrition, 70, suppl. 3, pp. S576-S578. Allen, L. H. (2009) “How common is vitamin B-12 deficiency”, The American Journal of Clinical Nutrition, 89, pp. S693-S696. Norris, J. & Messina, V. (2011) Vegan for life, op. cit., p. 27-32. Davis, B. & Melina, V. (2014) Becoming vegan, comprehensive ed., Summertown: Book Publishing, p. 217.
5 Holick, M. F. (2007) “Vitamin D deficiency”, The New England Journal of Medicine, 357, pp. 266-281. Schwalfenberg, G. (2007) “Not enough Vitamin D: Health consequences for Canadians”, Canadian Family Physician, 53, pp. 841-854. Urashima M.; Segawa, T.; Okazaki, M.; Kurihara, M.; Wada, Y. & Ida. H. (2010) “Randomized trial of vitamin D supplementation to prevent seasonal influenza A in schoolchildren”, The American Journal of Clinical Nutrition, 91, pp. 1255-1260.
6 Urashima M.; Segawa, T.; Okazaki, M.; Kurihara, M.; Wada, Y. & Ida. H. (2010) “Randomized trial of vitamin D supplementation to prevent seasonal influenza A in schoolchildren”, op. cit.
7 Painter, K. (2009) “Your health: Skin color matters in the vitamin D debate”, USA Today, 4/19/2009 [accessed on 5 October 2016].
8 Norris, J. & Mesina, V. (2011) Vegan for life, op. cit., p. 47-50.
9 Quesada Gómez, J.; Díaz Curiel, M.; Sosa Henríquez, M.; Malouf Sierra, J.; Nogues Solan, X.; Gómez Alonso, C.; Rodríguez Mañas, L.; Neyro Bilbao, J. L.; Cortes, X. & Delgadillo J. (2007) “Low calcium intake and insufficient serum vitamin D status in treated and non-treated posmenopausal osteoporotic women in Spain”, Journal of Bone and Mineral Metabolism, 22, p. S309.
10 Davis, B. & Melina, V. (2014) Becoming vegan, op. cit., p. 226. Norris, J. & Messina, V. (2011) Vegan for life, op. cit., p. 47.

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