Wednesday
Mar032010
Somali Torture Victims Try To Overcome Prime Minister's Immunity Claim
Bashe Abdi Yousuf and four other former Somalis claim they were tortured or had family members murdered by the Somali government in the 1980s. They sued Mohamed Ali Samatar, a former Somali Prime Minister, in US federal court after discovering that Samatar was living in Virginia. In the Supreme Court today, Samatar's lawyers argued that his actions were taken while he was a government official, and thus Samatar should have immunity under the 1976 Foreign Sovereign Immunities Act (FSIA).
The FSIA says that foreign governments cannot be sued in US courts (with the exception of countries listed by the State Department as state sponsors of terrorism), and Samatar's argument is that, while the statute's terms don't protect government officials from suit, the law would be ineffective if a plaintiff could sue the top officials in that government. The rationale behind the immunity is that US courts should not pass judgment on foreign governments, but that immunity would be worthless if foreign government officials could be threatened with lawsuits over official acts they carried out in their home country.
Justice Stephen Breyer seemed the most receptive to this argument in court today, at one point telling Yousuf's lawyer that if the law doesn't protect officials, "this act is only good as against the bad lawyer." Any clever lawyer, Breyer said, would just sue the officials directly.
The lawyers for the Somalis argued that there were still teeth in FSIA, even if it does not protect officials individually, since any suit that asked for a change in government policy, return of land, or other remedies against a foreign government would be thrown out under FSIA. Further, some actions taken by government officials would still be protected under common-law immunity principles.
The argument that seemed to gain the most support, though, was based on the Torture Victim Protection Act (TVPA), passed by Congress in 1991. If government officials have immunity, and the TVPA did not change that, then the TVPA served no purpose, several Justices suggested. Lawyers for the Somalis replied that, in some cases, governments waive immunity protection for their officials, so torture prosecutions can proceed.
Overall, the stance of the Justices was unclear, since they were faced with seemingly contradictory statutory language. The case, Samantar v. Yousuf, will be decided by this summer.
The FSIA says that foreign governments cannot be sued in US courts (with the exception of countries listed by the State Department as state sponsors of terrorism), and Samatar's argument is that, while the statute's terms don't protect government officials from suit, the law would be ineffective if a plaintiff could sue the top officials in that government. The rationale behind the immunity is that US courts should not pass judgment on foreign governments, but that immunity would be worthless if foreign government officials could be threatened with lawsuits over official acts they carried out in their home country.
Justice Stephen Breyer seemed the most receptive to this argument in court today, at one point telling Yousuf's lawyer that if the law doesn't protect officials, "this act is only good as against the bad lawyer." Any clever lawyer, Breyer said, would just sue the officials directly.
The lawyers for the Somalis argued that there were still teeth in FSIA, even if it does not protect officials individually, since any suit that asked for a change in government policy, return of land, or other remedies against a foreign government would be thrown out under FSIA. Further, some actions taken by government officials would still be protected under common-law immunity principles.
The argument that seemed to gain the most support, though, was based on the Torture Victim Protection Act (TVPA), passed by Congress in 1991. If government officials have immunity, and the TVPA did not change that, then the TVPA served no purpose, several Justices suggested. Lawyers for the Somalis replied that, in some cases, governments waive immunity protection for their officials, so torture prosecutions can proceed.
Overall, the stance of the Justices was unclear, since they were faced with seemingly contradictory statutory language. The case, Samantar v. Yousuf, will be decided by this summer.
tagged Somalia, Supreme Court, immunity, torture in News/Commentary, Supreme Court
Uganda Bombings Highlight Need For Vigilance In Africa, Says Administration Official
Philip Bunnell - Talk Radio News Service
The U.S. must maintain vigilance over the Horn of Africa following an upswing in violence from the Somali terrorist organization Al Shabbab, an Obama administration official told reporters Tuesday.
The briefing came in the wake of Al Shabbab’s July 11 bombings in Kampala, Uganda during a World Cup party. The official said that this is the first time the terrorist group has carried out attacks outside of Somalia.
“Al Shabaab has always engaged in domestic terrorism,” said the administration official, “but have now manifested outside of Somalia.”
Al Shabaab has been fighting the weakened Somali transitional government for control, and has hijacked foreign aid and launched attacks against African Union forces assisting the Somali government, of which Uganda is a part of. The official emphasized that “we need other countries in the region to know that the United States stands by them,” and noted that it is imperative to “stabilize the transitional government” in Somalia, and “continue to provide assistance to Uganda, Burundi, and Somali refugees.” The official also said that the FBI has sent a team to assist Ugandan law enforcement in their investigation, and that there was no advance warning of the attack, saying that the United States is “working very closely with countries in the region.”
The administration official also voiced caution concerning Al Shabaab’s ties to Al Qaeda, noting that “their agenda is similar to Al Qaeda.”
“Ties have always existed… Individuals in Al Shabaab have associations with Al Qaeda in East Africa and Al Qaeda in the Arabian Peninsula. There is a lot of bundling together of individuals at the top of these organizations,”according to the official.
The official said that Al Qaeda in the Arabian Peninsula is the most operationally active group and that the administration was concerned about Al Qaeda in the Arabian Peninsula in Yemen and the Horn of Africa.
The official also touched upon several United States citizens who have travelled to Somalia and joined Al Shabaab, saying that the FBI and law enforcement agencies have watched those citizens “very closely.” Several Somali-Americans from Minnesota have joined Al Shabaab, including one who participated in a suicide bombing.