Latest in Alien Tort Statute

Alien Tort Statute

Former Guantanamo Detainee Petitions for Certiorari Seeking Redress for Alleged Torture

In late 2002, Afghan officials arrested Mohammed Jawad and transferred him to American officials. During his six-year stay at Guantanamo, Jawad alleges that he was tortured. Upon being released from federal custody and repatriated to Afghanistan, Jawad sued the government in 2014. Last year on Lawfare, Helen Klein Murillo described the D.C.

Alien Tort Statute

The Alien Tort Statute and the Morrison “Focus” Test: Still Disagreement After RJR Nabisco

As Lawfare readers know, ever since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, lower courts have split over how to apply the majority’s cryptic holding that the Alien Tort Statute is presumed not to apply to conduct on the territory of another country, unless the plaintiff’s claims “touch and concern” the United States with sufficient force to overcome that presumption.

Alien Tort Statute

Jawad v. Gates: Former Guantanamo Detainee Seeks Redress Under the Alien Tort Statute

Mohammed Jawad was arrested in Kabul in December 2002 by Afghan security forces responding to the scene of a grenade attack on US military personnel. See Jawad v. Gates, No. 14-00811 (D.D.C. July 8, 2015) (D.D.C. Opinion). He was 14 or 15 at the time; Jawad doesn’t know his exact age but believes he was born in 1987. Afghan security forces abused, threatened, and coerced Jawad, “forcing him to sign a confession (written in a language that he could not read) with his thumbprint.” D.D.C. Opinion at 2.

Alien Tort Statute

Warfaa v. Ali: Fourth Circuit Affirms Dismissal of Somali’s Alien Tort Statute Claims

Last week, the Fourth Circuit affirmed the dismissal of several Alien Tort Statute claims against Yusuf Ali, a former Colonel in the Somali National Army who served under the military dictatorship of Mohamed Siad Barre. The plaintiff, Farhan Warfaa, is a member of a clan persecuted by the Barre regime during the 1980s, and still resides in Somalia. Warfaa alleges that in 1987, Ali (and soldiers under Ali’s command) detained, interrogated, and repeatedly tortured him before shooting him and leaving him for dead.

Alien Tort Statute

Former CIA Detainees Sue CIA Contractors Under The Alien Tort Statute For Alleged Torture

Last month, the ACLU filed a civil action in the Eastern District of Washington on behalf of Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud and Gul Rahman. They assert that the CIA secretly detained them in Afghanistan and subjected them to torture. Two of the plaintiffs, Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, survived their time in CIA detention, were eventually released and now reside in Libya and Tanzania. The third plaintiff, Gul Rahman, died in CIA custody in November 2002.

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