Supreme Court: torture law applies only to people
Source: Reuters
By James Vicini
WASHINGTON | Wed Apr 18, 2012 11:26am EDT
(Reuters) - The Palestinian Authority and PLO cannot be sued under a 1991 U.S. victim protection law over the alleged torture of an American in a West Bank prison, the Supreme Court ruled on Wednesday, holding that the law only applies to individuals.
The justices unanimously agreed with the Obama administration that the Torture Victim Protection Act allowed civil lawsuits in U.S. courts only against a person who had engaged in torture or killing, not against groups.
The ruling involved a lawsuit against the Palestinian Liberation Organization and the Palestinian Authority by the widow and sons of a naturalized U.S. citizen, the Palestinian-born Azzam Rahim, who was raised in the West Bank.
The lawsuit alleged he was tortured and killed in 1995 at a prison in Jericho while in the custody of Palestinian intelligence officers. The PLO has denied the allegations.
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Read more: http://www.reuters.com/article/2012/04/18/us-usa-court-torture-idUSBRE83H0UP20120418
leftyohiolib
(5,917 posts)Poll_Blind
(23,864 posts)PB
AlbertCat
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Donald Rumsfeld
Dick Chenney
George W. Bush
24601
(3,963 posts)even if it didn't, you'd have to show command responsibility, thus ruling out Vice Presidents who aren't in the chain of command. VPs aren't deputy Commanders in Chief - rather, they preside over the Senate and it's generally presumed that they should check the headline of the morning paper to see if they have been promoted.
Gore1FL
(21,155 posts)happyslug
(14,779 posts)Last edited Fri Apr 20, 2012, 08:43 AM - Edit history (1)
The Court ruled that the key term is as follows (From the actual Court Opinon):
The Torture Victim Protection Act of 1991 (TVPA or Act), 106 Stat. 73, note following 28 U. S. C. §1350, authorizes a cause of action against [a]n individual for acts of torture and extrajudicial killing committed under authority or color of law of any foreign nation. We hold that the term individual as used in the Act encompasses only natural persons. Consequently, the Act does not imposeliability against organizations.
Thus ruling the PLO a "Person" will NOT suffice, the act uses the term "Individual" not "persons" thus it covers only natural people.