Mohamed Ali Samatar and Today's Court

[Jacaylbaro]

San Francisco, 3 March 2010 (Somalilandpress) Today, the Supreme Court will hear oral arguments in Samantar v. Yousuf case. The Supreme Court will weight in whether former foreign government officials are liable under US laws for human right violations committed while in power. The case has far-reaching international implications because the outcome will determine if accused foreign government officials acting in their official capacities are protected by diplomatic immunity that is provided by 1976 Act of Foreign Sovereign Immunities Act or FSIA .

 

The case involves Former Somali defense minister Mohamed Ali Samantar and five plaintiffs presented by Basha Yousuf. The plaintiffs are presented by the Center for Justice and Accountability, which is based in San Francisco. This case has wide international connotation that will lead ordinary citizens to seek compensations for human right violations by political figures and foreign officials. The key issue under review by the Supreme Court is whether former Somali Defense Minister Mohammed Ali Samantar can be held accountable under the Torture Victim Protection Act (TVPA) – or whether he is immune under the Foreign Sovereign Immunities Act from civil suit in the U.S. for human rights abuses committed in Somalia.

 

The TVPA, passed by Congress in1991, provides that the U.S. will not be a safe haven for perpetrators of human rights abuses. Torture Victim Protection Act allows victims to file lawsuits in U.S. federal courts against a person who, acting under “actual or apparent authority or color of law, of any foreign nation,” in violations of human rights.

 

Plaintiff, Basha Yousuf says he was tortured and kept in solitary confinement for six years in campaign of terror under the regime of Siyyad Barre headed by former Somali Minister Samantar. He denies having been part of a rebellion or political group. Basha says he was part of group of students who cleaned hospitals and took care of neglected clinics of Hargeisa. Mr. Yousuf adds that Mr. Samantar was one of highest-ranking figures in Siyyad Barre regime, which committed heinous crimes in Somaliland including ethnic cleansing in late 1980s.

 

Mr. Youssuf and his lawyers argue that Torture Victim Protection Act, passed by Congress in 1991 after the immunity Act, would be null and impractical to enforce if individuals accused of war crimes and human rights abuses could claim immunity because usually most of perpetrators are government officials who enjoy diplomatic immunity, and in some cases illegitimate immunity like dictators.

 

Because of the foreign relations consequences of the case, number of powerful governments including the United States government and lobbying groups are keeping closer look. If the Court sides with Mr. Yousuf, alleged torturers from other countries can find themselves within reach of lawsuits and criminal cases while visiting the United States. This can places the United States government in difficult positions with countries. Retired political figures can be held accountable for human rights violations.

 

The Somaliland community in the United States hopes to see the Court’s decision will present a symbolic justices and victory to millions of Somalilanders who were displaced and traumatized by violent war that left tens of thousands dead and wounded. On the other hand, the Somali community sees this case as going back in history and focusing on wrongdoings of small number of individuals, which can lead to more division and fuel the ongoing clan conflicts.