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March 10, 2015
Posted by Tyler Giannini and Susan Farbstein
After 11 long years of litigation, plaintiffs from Somalia learned yesterday that their $21 million judgment for damages for torture and war crimes would stand. The U.S. Supreme Court declined to take the appeal of the defendant, General Mohamed Ali Samantar, a former Somali Prime Minister and Minister of Defense who was implicated in the abuses. Samantar, who now lives in Virginia, can make no additional appeals.
Beyond the victory for the plaintiffs, counsel from the Center for Justice & Accountability noted this ruling is critically important because it preserves a Fourth Circuit Court of Appeals decision that found egregious rights violations cannot be considered “official acts” shielded by sovereign immunity.
The ruling comes amidst ongoing debate about how the United States should treat high-ranking former foreign government officials who are accused of human rights abuses and are now living in the United States. The International Human Rights Clinic and its partners have been involved since 2007 in one such case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, which brings Alien Tort Statute claims against the former President and the former Defense Minister of Bolivia for their role in extrajudicial killings in 2003. Last Friday, the Mamani plaintiffs filed a brief with the Eleventh Circuit opposing the defendants’ appeal, which is considering the issues of exhaustion of remedies and command responsibility.
Like Samantar, the defendants in Mamani came to the United States after leaving power, and have remained in the country ever since.
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