Cali Samatar Admits Liability for War Crimes

[Jacaylbaro]

A seven year court battle that went all the way to the U.S. Supreme Court ended in a federal courtroom in Virginia on Thursday when former Somali Gen. Mohamed Ali Samantar admitted liability for war crimes and human rights abuses committed in the late 1980s, when he was the defense minister and commander of military forces in Somalia.

 

The case against Samantar was brought by former Somali citizens who were granted asylum in the U.S. They had suffered years of imprisonment, torture, rape and abduction — one even survived a firing squad under a pile of bodies. When they discovered that Samantar, their one-time tormentor, was living in the U.S. too, they sued him in federal court under the Torture Victim Protection Act, a law passed in 2006 to ensure that the U.S. would not be a safe haven for human rights abusers.

 

For seven years, Samantar sought to head off a trial. Having lost in the Supreme Court once, and twice after that in a federal appeals court, Samantar tried a last-ditch maneuver. Late Sunday night, he filed for bankruptcy, a move that could have prevented this week's scheduled trial from taking place.

 

But that strategem failed, too. And on Thursday morning, in open court, Samantar defaulted, meaning that he accepted liability for the crimes charged against him.

 

For the rest of the day, U.S. District Judge Leonie Brinkema heard evidence about the damages she will assess against him.

 

In addition to testimony from the victims who brought the suit, the judge heard from a U.S. military official about the breadth of the war crimes that were committed under Samantar's command. Also testifying via video hook-up was a witness who talked about digging mass graves and a BBC reporter who interviewed Samantar, winning an admission that he had ordered his forces to carpet-bomb to an area politically opposed to the regime. Samantar had previously maintained that the BBC interview was a fake.

 

The hearing marked the first time that anyone has been held accountable for the atrocities of the brutal Siad Barre regime, which ruled Somalia in the late 1980s and was eventually overthrown, leaving chaos and instability that persists to this day.

 

A final decision on damages is expected from Judge Brinkema either Friday or soon after.

[Jacaylbaro]

SOURCE

[Jacaylbaro]

next please ...

[Che -Guevara]

He's liable but admits no wrong doings.

[The Hermet]

Che -Guevara;794140 wrote:

He's liable but admits no wrong doings.

im sure thats what Ethiopian soldiers who murder your people in the 5 region also argue...:cool:

[Che -Guevara]

^What are you talking about?

[Jacaylbaro]

Nairobi (Keydmedia) — The former prime minister of Somalia on Thursday ended an eight-year legal battle by accepting legal liability for alleged war crimes and killings that occurred under the regime of dictator Siad Barre. But he denied wrongdoing and said he never approved any slayings.

 

Mohamed Ali Samantar, 76, was a top official in the Barre regime serving throughout the 1980s as vice president, defense minister and prime minister, up until the months before the regime’s collapse in 1991. But for more than a decade, he has lived quietly in the Washington suburb of Fairfax, Va., surrounded by a large extended family.

 

Samantar was sued in 2004 in U.S. District Court in Alexandria by several members of the ***** clan, who said they suffered brutal repression — including torture and mass killings — under the Barre regime.

 

Samantar fought for years to have the case tossed out of court and was initially successful. In 2007, U.S. District Judge Leonie Brinkema ruled that Samantar enjoyed immunity from the litigation as a former official of a foreign state. But the U.S. Supreme Court reinstated the lawsuit.

 

He tried to avoid a trial and filed for bankruptcy protection Sunday in the hope it would be postponed. But a bankruptcy judge allowed the case to go forward.

 

On Thursday, as jury selection was about to begin, Samantar said he would accept a default judgment against him and would not contest the allegations.

 

He made clear, though, that while he accepts legal liability he admits no wrongdoing.

 

“I request to accept default, but that doesn’t mean I’m guilty,” he told the judge.

 

The Center for Justice And Accountability, a California-based nonprofit legal firm that brought the case on behalf of the Somali plaintiffs, said the judgment against Samantar is the first time anywhere in the world that a court has held the Barre regime responsible for its actions.

 

Samantar said he could no longer afford the costly litigation, and his failing health — he is on dialysis — make it harder for him to defend himself. He also told The Associated Press on Thursday that he believes the case is politically motivated and that rehashing allegations from more than 20 years ago would serve to divide Somalia at a time when unification efforts are under way.

 

“I have a legacy in my country,” he said in an interview, speaking in Somali and interpreted for a reporter by family members. “I want to allow the reconciliation process to continue.”

 

Samantar’s lawyer made a similar argument, and the judge said she would have dismissed the case if the State Department determined it could harm international relations. But the Obama administration said the lawsuit could proceed.

 

Samantar told the AP he was fundamentally offended by the idea that an American court could pass judgment on a Somali dispute.

 

“I worked 40 years for my country,” he said. “I was faithful to my country and abided by the law.”

 

The judge began hearing evidence from victims in the case Thursday to help her decide what kind of monetary damages should be awarded, though Samantar was not present to hear that testimony. And collecting any money may be difficult because Samantar has filed for bankruptcy.

 

The default judgment left mixed feelings for the four Somali plaintiffs — two of whom are now U.S. citizens — who brought the lawsuit.

 

Bashe Abdi Yousuf, testified about the torture he suffered, followed by more than seven years of solitary confinement, after he and 20 others were convicted on what he said were trumped-up charges of belonging to a political party that was trying to overthrow the government.

 

He testified that he was bound, suffered an electric shock, and beaten so badly that he could not walk for three days. But he said the torture was nothing compared to the mental suffering from seven years in solitary confinement. He said Samantar should be held accountable, even if he did not directly beat or torture him.

 

“General Samantar was the vice president of the country. He was a commander of the highest rank ... in Somalia,” said Yousuf, now a U.S. citizen living in Atlanta. “My ordeal was at the hands of the military people.”

 

After testifying, Yousuf said that the opportunity to tell his story in court was important for him and that he felt vindicated by the default judgment. But he still wished that Samantar had been required to defend himself.

 

“I really hoped for him to defend himself because I can’t see how he could defend himself,” Yousuf said.

 

Another plaintiff, Aziz Deria of Bellevue, Wash., said he felt cheated by the default judgment, as Samantar could walk out of court without hearing the victims’ testimony.

 

“I wanted him to sit there and personally feel the pain” that was suffered by the victims, said Deria, whose brother and father were killed during mass reprisals against the city of Hargeisa, an ***** stronghold.

 

 

 

Source: The Associated Press

[Juxa]

Admitting liability and settling a civil claim on without prejudice basis waa labo wax oo aad u kala duwan....

[GoldCoast]

What a colossal waste of time. He didn't admit wrongdoing, he is not paying anything. What was the point of this again?

[Taleexi]

Go figure.

[Xaaji Xunjuf]

GoldCoast;794321 wrote:

What a colossal waste of time. He didn't admit wrongdoing, he is not paying anything. What was the point of this again?

He is bankrupt good

[ElPunto]

Semantics. Before he insisted that he was innocent. Now he's ready to accept some blame. Clearly he is a scapegoat and this decision was caused by monetary problems but I refuse to accept that a high official of a country that engaged in wide spread human rights violations doesn't deserve to be held accountable.

[Skeptic]

(البر لا يبلى والذنب لا ينسى والديان لا يموت فكن كما شئت فكما تدين تدان)

'Righteousness (civility) does not wear out (meaning does not go in vain) and the sins (crimes) are not forgotten and The Judge (ALLAH) does not die -- act as you wish 'cuz you will be treated like you treat (others)'

[Jacaylbaro]

There are things that constantly follow you everywhere ,, Crime is one of them

[Jacaylbaro]

On February 23, 2012, former Somali General Mohamad Ali Samantar accepted liability before U.S. federal judge Leonie Brinkema for torture, extrajudicial killing, war crimes and other human rights abuses committed against the civilian population of Somalia during the brutal Siad Barre regime. This draws to an end a seven year quest in the U.S. courts for justice for those harmed by General Samantar and troops under his command.

 

After the collapse of the Siad Barre dictatorship, General Samantar fled Somalia and then ultimately settled in Fairfax, Virginia where he has lived openly for the past fifteen years.

 

Samantar accepted liability in open court today and in the presence of survivors include the four plaintiffs:

 

• Mr. Bashe Abdi Yousuf, then a young business man who was arbitrarily detained, tortured, and kept in solitary confinement for over six years;

 

• Mr. Aziz Mohamed Deria, whose father and brother were abducted by Somali soldiers, threatened with execution, and never seen again;

 

• Mr. Buralle Salah Mohamoud, a rural goat herder, who was abducted and tortured by Somali soldiers, along with his two brothers, who were summarily executed; and

 

• Mr. Ahmed Jama Gulaid, then a Somali soldier, who was arbitrarily detained and shot by firing squad, but miraculously survived, waking up under the bodies of other Somali soldiers with whom he had served.

 

This is the first time that anyone has been held to account for the atrocities committed by the brutal Siad Barre regime in Somalia. General Samantar was the Minister of Defense and the Commander of the Armed Forces.

 

In the words of Steven Schulman of Akin Gump Strauss Hauer & Feld:

"Today, a strong message has been sent to former foreign officials who come to America after they are no longer in power - they cannot come to the U.S. and escape accountability for crimes committed against humanity in their home country. Today's developments are historic as this is the first time an official has been held accountable for the atrocities committed by the Siad Barre regime. Our clients showed great strength in pursuing this case and once and for all, justice has been served."

 

In the words of CJA client Bashe Yousuf:

"For many, many years, I have been looking for justice -- for my day in court and not just for me personally, but for the thousands of people in Somalia who were tortured, and murdered. It has been many years and required a lot of patience, but today Samantar is finally being held accountable for ordering these horrific crimes. It is hard to put into words what this means for me and so many others who were impacted by the Siad Barre regime. It gives me great comfort that I can put this chapter of my life behind."

 

 

This case was filed by the Center for Justice & Accountability in 2004 and was litigated by CJA and pro bono co-counsel from Akin Gump.