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Court revives
lawsuit against former
Somali PM
(Virginia, January,
10 2009 Ceegaag Online)
A federal
appeals court has reinstated a human rights lawsuit against
a former prime minister of Somalia who is accused of
overseeing killings and other atrocities.
The 4th
U.S. Circuit Court of Appeals in Richmond ruled Thursday
that plaintiffs can sue Mohamed Ali Samantar of Fairfax,
Va., who was defense minister and prime minister of Somalia
in the 1980s and early 1990s under dictator Siad Barre.
The lawsuit
alleges that Samantar was responsible for killings, rapes
and torture, including waterboarding, of his own people
while in power, particularly against disfavored clans.
The lawsuit was filed in 2004 at
federal court in Alexandria under the Torture Victim
Protection Act. U.S. District Judge Leonie Brinkema tossed
out the case in 2007, ruling that Samantar was entitled to
immunity under a separate U.S. law, the Foreign Sovereign
Immunities Act.
But the
appellate court ruled that the law does not extend immunity
to individuals, only to foreign states themselves and their
agencies.
The ruling
sets up a split among federal circuits. The 9th U.S. Circuit
Court of Appeals in California, for instance, has ruled that
individuals are eligible for immunity under the law.
Samantar's
lawyer, Fred B. Goldberg, said Friday that he intends to
appeal — he can ask to 4th Circuit for a rehearing or appeal
to the U.S. Supreme Court. The fact that a circuit split
exists makes it more likely that the Supreme Court would
agree to hear an appeal, he said.
Samantar
has declined numerous requests for an interview.
Pamela Merchant — executive director
for the San Francisco-based Center for Justice and
Accountability, which brought the suit on behalf of several
Somali plaintiffs, said it only makes sense that Samantar,
who has lived in the U.S. for more than 10 years, should be
subject to U.S. law.
"It is an
important step in ensuring that human rights abusers who
seek safe haven in the U.S. will be held accountable in our
courts," she said in a statement.
The appeals
court's ruling was unanimous, with Judge William B. Traxler,
an appointee of Bill Clinton, writing the opinion, joined by
Judge Robert B. King, also a Clinton appointee. Judge
Allyson Kay Duncan, an appointee of George W. Bush, writing
a concurring opinion that differed only on one small point.
Source: AP
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