Ali Samantar's case goes back to the Supreme Court as Prime Minister Abdiweli reaffirms Somalia's request for immunity

[Admin]

Ali Samantar's case goes back to the Supreme Court as Prime Minister Abdiweli reaffirms Somalia's request for immunity

 

For the third time in five years, the Samantar case is back before the Supreme Court. On May 5, former Somali Defense Minister Mohamed Ali Samantar again petitioned for certiorari, after the Fourth Circuit dismissed his appeal of Judge Brinkema’s final judgment in the long-running ATS and TVPA suit against him for human rights violations committed by forces under his command in Somalia.

 

In January, the Supreme Court had denied cert following the Fourth Circuit’s surprising (and, in my view, incorrect) interlocutory decision in 2012 denying him immunity on the basis that “officials from other countries are not entitled to foreign official immunity for jus cogens violations, even if the acts were performed in the defendant’s official capacity.”  The high court’s cert denial came after a flurry of confusing communications between Somali officials and the State Department that created uncertainty as to whether the Somali government was still requesting immunity for Samantar.

 

With the proceedings below now completed, and a new Somali Prime Minister reaffirming Somalia’s request for immunity, Samantar is again seeking Supreme Court review. For the legal and policy reasons I have explained previously, I believe the Supreme Court should grant cert and reverse (or vacate and remand).  While the Fourth Circuit’s desire to hold Samantar accountable for atrocities committed by Somali soldiers is understandable, this is a case where bad facts have made bad law:  The panel’s holding is inconsistent with both domestic and international law governing official acts immunity and with the views of the Executive branch (as explained in the Solicitor General’s brief filed with the Supreme Court last December urging that cert be granted and the decision vacated and remanded).  If allowed to stand, the Fourth Circuit decision may also encourage foreign courts to deny immunity to U.S. officials who may be charged with or sued for jus cogens crimes or violations in frivolous actions in other countries.

 

http://www.lawfareblog.com/2014/05/samantar-again-seeks-supreme-court-review/

http://www.somaliaonline.com/ali-samantars-case-goes-back-to-the-supreme-court-as-prime-minister-abdiweli-reaffirms-somalias-request-for-immunity/

[Tallaabo]

So the f@q@sh is still alive and well in Mogadishu?

I learned that the American Zionist organisations and the Saudi governemnt sided with Samatar in fear of similar lawsuits against their own war criminals. This is turning out to be a very interesting case indeed.

[burahadeer]

^^^ yes Israeli lobby & Saudi gov't fighting hard to derail as they scared they might some day caught up with this.Remember this is the first case eva a foreign leader was brought infront of U.S supreme court and all foreign leaders are keeping close eye on it as they very much aware of the domino effect.I was there in 2010 when it first heard in the court and you can't imagine how civil right groups are looking closely too.Very interesting indeed.

As for the gov't in Mogadishu,would say they don't even comprehend how they hurting thmslvs in the eyes of int'l community by requesting immunity for him as one journalist put it,'' current Somali leadership should be summoned to explain what they know about the massacres and when did they know it''

[Miyir]

the current Somalia government gains nothing siding with war criminals like samatar, stupid move.

[Gar_maqaate]

General Samatar is a patriotic man who served his country with distinction. A competent man who earned his stripes by merit. It is the duty of the Somali Government to defend this man against this frivolous action. Somalia is awashed with war criminals lets prosecute them first.

[Xaaji Xunjuf]

Ali samatar the war criminal will not live his last days in joy koley habaar ba ku dhacay kalyihi wa fadhiistay. Hablihis na waxa guursaday Gaala madow. No immunity should be given to the war criminal.

 

 

Miyir i am shocked you dont defend the war criminal like most your kin do ?

[Tallaabo]

<cite>

@Xaaji Xunjuf

said:</cite>

Miyir i am shocked you dont defend the war criminal like most your kin do ?

Someone should tell him "tolkaa dhan ka raac"

[Tallaabo]

The US Supreme Court should be asked to summon the Somalia governemnt for questioning as part of the trial. Deplomatic immunity can't be applied to the Mogadishu administration as it is not sovereign but a colony of AMISOM.

[Hawdian]

<cite>

@Gar_maqaate

said:</cite>

General Samatar is a patriotic man who served his country with distinction. A competent man who earned his stripes by merit. It is the duty of the Somali Government to defend this man against this frivolous action. Somalia is awashed with war criminals lets prosecute them first.

 

You and your Pathetic War-criminal uncles will be taken down like animals you are be rest assured about that. General Samatar is a war-criminal of the worst class and should be in jail for the rest of his life .

Also his family should be stripped of their US citizenship as they all got their papers on false ground.

[Tallaabo]

<cite>

@Hawdian

said:</cite>

You and your Pathetic War-criminal uncles will be taken down like animals you are be rest assured about that. General Samatar is a war-criminal of the worst class and should be in jail for the rest of his life .

Also his family should be stripped of their US citizenship as they all got their papers on false ground.

I wouldn't worry about his war-criminal kin as they have been and will always finish each other without our help. I would just encourage them occasionally to be more efficient with the culling process.

[Xaaji Xunjuf]

The defeated lot iyaga hadalkooda iska daa hadal bay kaga soo hadhay, kuwaasi far ma dhaqaajin karan.

[Hawdian]

^

 

[Che -Guevara]

Deeq. You should have posted this after May 18.

[Miskiin-Macruuf-Aqiyaar]

Maskiinkaan waayeelka ah waxa loo daba dhigtay la yaabanahay, waliba iyagoo si nabad ah ku nool boqolaal gishay dambiyo ka daran kan lagu eedeynaayo odeygaan.

[Xaaji Xunjuf]

He was the second in command he was not just a nobody he was also the defense minister there are audio tapes that he gave the order of the full scale attack on Hargeysa.