Fourth Circuit Reinstates Case Against Former Minister of Defense of Somalia
Harvard’s International Human Rights Clinic submitted amicus curiae brief on behalf of coalition of torture survivors and their families, religious organizations and human rights groups
Cambridge, MA - The United States Court of Appeals for the Fourth Circuit has ruled that former Somali General Mohamed Ali Samantar can be sued in U.S. courts for violations of human rights, for his role in systematizing the use of torture, rape, prolonged arbitrary detention and mass executions against the civilian population of Somalia during the 1980s. The case, Yousuf v. Samantar, was originally dismissed by a lower district court in Virginia, which had found that Samantar was protected under the Foreign Sovereign Immunity Act (FSIA). The case was brought on behalf of five Somali survivors, represented by the Center for Justice and Accountability and the law firm Cooley Godward Kronish LLP.
As part of the appeal, the International Human Rights Clinic (IHRC) at Harvard Law School submitted an amicus brief on behalf of several torture survivors, their family members, religious organizations and human rights groups, arguing that the FSIA legislation could not bar survivors of torture from suing their perpetrators, under the Torture Victim Protection Act. The Fourth Circuit agreed, saying that “individual foreign government agents like Samantar” were not immune from prosecution, and reversing and remanding the lower court’s decision.
More than a half dozen Harvard Law School students worked on the brief, under the supervision of Lecturer on Law and IHRC Director Tyler Giannini and Human Rights Program Henigson Fellow Nate Ela (J.D. ’07). Students who worked on the brief included: Thomas Davies (J.D. ’09), Fernando Delgado (J.D. ’08), Matthew Perault (J.D. ’08), Deborah Popowski (J.D. ’08), Sarah Sorscher (J.D. ’10), Claret Marcia Vargas (J.D. ’10), and Joy Wang (J.D. ’10).
“The Fourth Circuit’s decision ensures that survivors of torture will continue to have access to justice in U.S. courts in order to bring their perpetrators to trial,” said Giannini. “This ruling shows that General Samantar – or any government official who conducts or oversees torture – cannot hide a history of human rights violations behind the FSIA legislation.”
Individuals and organizations represented in the IHRC’s amicus brief include Dolly Filártiga, Sister Dianna Ortiz, the Program for Survivors of Torture and Severe Trauma, the Torture Abolition and Survivor Support Coalition (TASSC), and EarthRights International, among others. For a complete list of organizations, or for a copy of the amicus brief, click here.