Court revives lawsuit against former Somali PM

[Suldaanka]

By MATTHEW BARAKAT –

 

ALEXANDRIA, Va. (AP) — 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.

[RedSea]

That SOB ordered the bombing of my city. I hope he gets what he deserves.

[Poker]

I don't think it's fair.

[roobleh]

He is going to run away soon like others such as the rapist did few years ago.

[Gabbal]

I find it ironic old man Samatar can be hounded while Riyaale, a man who had direct first-person hand in the torture of civilians, can be their president.

 

Perhaps they believe this is their villages where selective justice rules the day.

 

Adigu waan ku cafinay, maya adiguse kumaan cafin.

 

Perhaps now you will understand what it is like to function under a sytem where justice isn't selective.

 

But the appellate court ruled that the law does not extend immunity to individuals, only to foreign states themselves and their agencies.

The Supreme Court really needs to get involved because this is one of those times when laws need to be explained word by word to appeals courts.

 

According to the ruling which the first District Court used, "agencies" can be clearly defined as individual "persons" of those states:

 

b) An "agency or instrumentality of a foreign state" means any entity --

 

(1) which is a separate legal person, corporate or otherwise, and

 

(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and

 

(3) which is neither a citizen of a State of the United States as defined in section 1332 © and (d) of this title, nor created under the laws of any third country.

The fact that a circuit split exists makes it more likely that the Supreme Court would agree to hear an appeal, he said.

Get on with it then and explain the law to these activists appeals courts.

 

All Samatar's lawyers had to do in the first trial was proof he represented the authority of the Somali Republic at that time in his capacity as a minister and the case was dismissed. Simple as that.

 

p.s. I am all for justice and welcome trying Samatar or anyone else if they are guilty of crimes but as long as specific groups, particularly those behind such ridiculous suits, hold on to notions of selective justice then you will be opposed and shown the folly of your ways.

 

Justice for all, not just those who are politically beneficial to you at this time!

[Jacaylbaro]

One by one sxb ,, one by one. Orders come from the top so as the trial.

[Suldaanka]

LOL@ Horn,

The list is long. Who-is-who of Afwayne's haydays. Raggii dhulka ayagoon u shaqaysan biladaha iyo fake titles laga wada buuxshay.

[Emperor]

^Riyaale, the chief of Barre spy, the notorious NSS...

[Jacaylbaro]

We have the right to forgive and the right to sue ....... that is what courts are all about.

[Emperor]

^You have no rights at all, neither can you forgive nor can you turn in anyone more powerful, you can run only after those you presume to be less-powerful...

 

Adeer turn in everyone including Riyaale, or no one else waa kabul dheh, Ina Cali Samatar hadii lagu eeganayaa tol maleh, ragii awalba u istaagay ayaa hadana u istaagaa, all the Somalis in America ayaa tol unoqonaya sidi awalba dhacday.

 

PS: Correction for Suldaanka: Ina Cali Samatar has never been a PM for Somalia as far I as I know, he was the Vice President, I could be wrong.

[Gabbal]

Originally posted by Suldaanka:

LOL@ Horn,

The list is long. Who-is-who of Afwayne's haydays. Raggii dhulka ayagoon u shaqaysan biladaha iyo fake titles laga wada buuxshay.

Awoowe ma anigaa lugaha kaa haysto?

 

Once this is done, I would advise Cali Samantar to counter-sue for "personal and emotional injuries" brought on by the charge.

[Gabbal]

Originally posted by J.a.c.a.y.l.b.a.r.o:

We have the right to forgive and the right to sue ....... that is what courts are all about.

Burco markaan warkeeda kaa doonto ii jawaab awoowe.

[roobleh]

u wrong saaxiib.

 

Riyaale reer berbera half buu kabadbaadiyey siyaad bare. And it is too late now in samatar la badbaadiyo.

 

PS. Can't type-am using damn iPod today.

[Gabbal]

Dadkagan qaar waxaad moodaa inay god ku jireen inta aduunka socday. War waxa lawada ogsoonyahay maxaa idinka indha-tiray hadaan idin su'aalo?

[Jamster]

Suldan,

 

Samatar is a man of honor, a General who discharges his duties with much vigor. If there is anyone who deserved medels and Xidigo SUldaanoow, it is this man. He is the most singularly liked high ranking individual from that era. The Somali people will not allow their heroes to be hounded in the US or anywhere else. We will donate towards Samatar's legal bill and get him the best lawyer that money can buy.

 

It is a sad day to see the men who served their state being hounded in the US.