The alien tort statute does not grant new rights to aliens, but is simply an opening to the federal. This recent decisions is brought to you for free and open access by. Penairala that the ats applied to a wide array of alleged human rights violations. He became known for his human rights activism after his son, joelito filartiga, who was killed by the police during the dictatorship of alfredo stroessner in 1976. This law was almost never used between the time it was enacted in 1789, and the 1980s. The anatomy of torture a documentary history of filartiga v. William j aceves victims of human rights abuses have filed civil lawsuits in us courts to seek redress for their injuries. Penairala, court of appeals, second circuit, 30 june 1980. District court for the eastern district of new york, filartiga v. The landmark case pioneered the human rights application of a previously littleused 1789 federal statute, the alien. Filartiga and joel filartiga, plaintiffsappellants, v. Studi kasus filartiga v penairala, court of appeals 2nd circuit, 1980 diajukan untuk memenuhi satu komponen perkuliahan mata kuliah studi kasus hukum internasional oleh.
Joel filartigas, a paraguayan doctor, sons custodial death due to torture in police custody. Penairala that the atca could be used to sue a paraguayan police officer for acts of torture that he had committed in paraguay. This article is brought to you for free and open access by the faculty scholarship at scholarly commons. Pena irala is related with the death of seventeen year old boy under due to the. His daughter, dolly filartiga, arrived in the united states in 1978 under a visitors visa, and. Pena irala that the ats applied to a wide array of alleged human rights violations. Later, during the criminal proceeding, a member of. Arab bank, deciding that foreign corporations cannot be. Pena irala1 case has little to do with the parties involved. Liberalism, torture, and the ticking bomb important than cruelty. A suit claiming that penairala d had tortured filartigas p decedent to death while he was a police inspector general, was brought by filartiga p. Laura dickinson, filartigas legacy in an era of military privatization, 37 rutgers l.
Court of appeals for the second circuit held in filartiga v. As with many landmark decisions, the importance of the opinion in the filartiga v. Filartiga, arrived in the united states in 1978 under a visitors visa, and has since applied for permanent political asylum. Holt whenever there is a landmark case, in any field, there is a tendency for scholars and wouldbe scholars to rush to interpret it, predict its effect, and conclude whether it is good or bad law from their perspective. Aceves, amnesty international magazine fall 2007 22 about the author william j. June 30, 1980 a suit against penairala d on the premise that he had tortured to death the decedent of filartiga p, was filed by filartiga p. Federal jurisdiction of alleged torturer under the alien. It will test whether the line of cases against individual human rights violators that began with the second circuits 1980 decision in filartiga v. Penairala the filartiga plaintiffs, joel filartiga and his daughter, dolly, were paraguayan citizens residing in washington, dc. Filartiga held that a paraguayan police inspector who had come to the united states could be sued under the ats for torture he committed in paraguay. Pena irala, heralded a trend towards the domestic incorporation of customary international law. Penairala which recognized jurisdiction under atca and held that torture comes under the umbrella of the law of nations, andthe torture victim protection act, which codified the filartiga decision.
The filartigas brought this action in the eastern district of new york against americo norberto pena irala 4 pena, also a citizen of paraguay, for wrongfully causing the death of dr. Pena irala the facts of the case this case is related with dr. June 30, 1980 a suit against pena irala d on the premise that he had tortured to death the decedent of filartiga p, was filed by filartiga p. Filartigas legacy in an era of military privatization. Aceves is a professor of law and director of the international legal studies program at california western school of law, where he teaches civil.
The contradiction between alien tort statute jurisprudence. As she ran from the house, pena followed, shouting, here you have what you. Hutapea 110110120241 fakultas hukum universitas padjadjaran bandung 2016. That night the police brought the victims sister, dolly filartiga, to penas home where she was shown the body of her brother which evidenced marks of severe torture. Get free access to the complete judgment in filartiga v. Royal dutch petroleum united states court of appeals for the second circuit august term, 2008 argued. Subscribe to justias free newsletters featuring summaries of federal and state court opinions. It set the precedent for united states federal courts to p unish nonamerican citizens for tort ious acts committed outside the united states that were in violation of public international law the law of nations or any treaties to which the united states is a party. The wellestablished universal prohibition of torture under international law, the court held, must be honoured in u. Joelito filartiga had been abducted, tortured, and murdered by the police in paraguay in 1976.
Penairala case brought cil into us courts to resolve a human rights issue. She thinks that montaigne and montesquieu, both of them protoliberals, were the first politi. The exclusion of transnational human rights litigation from u. Pena irala is related with the death of seventeen year old boy under due to the torturer of the police under custody. Board of education of international human rights litigation.
Federal jurisdiction of alleged torturer under the alien tort. Joel holden filartiga ferreira 15 august 1932 5 july 2019 was a paraguayan doctor, artist and human rights activist. The suit was brought by an alien residing in the united states against a former official of paraguay then visiting the united states. A documentary history of filartiga v penairala, by william j. Alien tort statute ats or alien tort claims act atca. Sep 15, 2015 it will test whether the line of cases against individual human rights violators that began with the second circuits 1980 decision in filartiga v.
Subscribe to this free journal for more curated articles on this topic. This extended the jurisdiction of the atca by incorporating rape as a serious crime and by bringing the claims against an individualprivate actor. The suit pioneered the application of a previously littleused 1789 federal statute, the alien tort claims act, which gives foreign nationals the right to sue in u. Studi kasus hukum internasional 7 studi kasus filartiga v. Shifting the lens on alien tort statute litigation. This law was pretty much never used between the time it was enacted 1789, and during the 1980s. The court of appeals held that deliberate torture perpetrated under color of official authority violates universally accepted norms of the international law of human rights, regardless of the nationality of the parties, and that 28 u. Brief for intl law scholars as amici curiae supporting petition for writ of certiorari, jesner v. The government of paraguay, because of his efforts to help poor and. That night the police brought the victims sister, dolly filartiga, to pena s home where she was shown the body of her brother which evidenced marks of severe torture. Penairala1 case has little to do with the parties involved. The anatomy of torture a documentary history of filartiga.
Joel filartiga, a physician, describes himself as a longstanding opponent of the government of president alfredo stroessner. Pena irala is related with the death of seventeen year old boy under due. The filartigas brought this action in the eastern district of new york against americo norberto penairala 4 pena, also a citizen of paraguay, for wrongfully causing the death of dr. For a sister, court fight stirs memories of paraguay. Dozens of human rights cases have built upon the filartiga precedent, including those against former dictators like ferdinand marcos and u. It is only in relatively modern times, shklar thinks, that we have come to put cruelty firstthat is, regard it as the most vicious of all vices. Filartiga v pena irala is a landmark decision in international human rights law. A suit claiming that pena irala d had tortured filartiga s p decedent to death while he was a police inspector general, was brought by filartiga p. International criminal law, torturer, law of nations, international tort, filartiga v.
The appellants, plaintiffs below, are citizens of the republic of paraguay. Van schaack, beth, the story behind the case that launched a legal revolution. The case as a landmark judgment, establish case law for united states federal courts to punish nonamerican citizens for tortious acts committed outside the united states that were in violation of public international law or any. Charging former paraguayan official americo penairala with the wrongful death of joelito filartiga. They sued americo norberto penairala, a former inspector general of police in asuncion, paraguay, whom they discovered residing in new york. Assuming the filartigas ultimately were able to obtain a. The filartiga court recognized that the law of nations is a dynamic concept. Apr, 2020 a suit claiming that penairala d had tortured filartigas p decedent to death while he was a police inspector general, was brought by filartiga p. Penairala, who was deported, has denied that he killed joelito. The ats remained dormant nearly for two centuries until it spectacularly entered the stage before 2nd us circuit court of appeal in a filartiga v penairala wherein paraguay citizens were allowed to sue a former paraguayan police officer allegedly involved in an extrajudicial killing of a.
Since filartiga, plaintiffs, who are neither us citizens nor residents, have invoked the ats for a widening range of claims alleging large damages from acts committed outside the united states. This book seeks to promote accountability for violations of international law. The alien tort statute of 1789 ats remained virtually dormant until it was revived by the 1980 decision of the second circuit in filartiga v penairala. For purpose of the allen tort statute, torture may be considered to violate law of nations. Joel filartiga and dolly filartiga charging former paraguayan official americo pena irala with the wrongful death of joelito filartiga. Holt whenever there is a landmark case, in any field, there is a tendency for scholars and wouldbe scholars to rush to interpret it, predict its effect, and conclude whether it. The ats remained dormant nearly for two centuries until it spectacularly entered the stage before 2nd us circuit court of appeal in a filartiga v penairala wherein paraguay citizens were allowed to sue a former paraguayan police officer allegedly involved in an extrajudicial killing of a paraguayan dissidents son in paraguay. It set the precedent for united states federal courts to punish nonamerican citizens for tortious acts committed outside the united states that were in violation of public international law the law of nations or any treaties to which the united states is a party.
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