Samantar v. Yousuf
Encyclopedia
Samantar v. Yousuf, Docket #08-1555 (2010), was a case decided by the United States Supreme Court concerning whether Muhammad Ali Samatar
, prime minister of Somalia under dictator Siad Barre
from 1987 to 1990, could be sued in United States courts for allegedly overseeing killings and other atrocities. Samatar now lives in Virginia
, and some of his victims had sued him under the Torture Victim Protection Act of 1991
.
In a previous decision, the United States Court of Appeals for the Fourth Circuit
held that the former Somalian government official is not covered by, and therefore entitled to immunity under the Foreign Sovereign Immunities Act
. The Court remanded to District Court to determine whether defendant is entitled to common law
immunity.
Muhammad Ali Samatar
Muhammad Ali Samatar is a Somali politician and former Prime Minister of Somalia from 1 February 1987 to 3 September 1990.- Biography :Samatar was born in 1931 in Somalia...
, prime minister of Somalia under dictator Siad Barre
Siad Barre
Mohamed Siad Barre was the military dictator and President of the Somali Democratic Republic from 1969 to 1991. During his rule, he styled himself as Jaalle Siyaad ....
from 1987 to 1990, could be sued in United States courts for allegedly overseeing killings and other atrocities. Samatar now lives in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, and some of his victims had sued him under the Torture Victim Protection Act of 1991
Torture Victim Protection Act of 1991
The Torture Victim Protection Act of 1991 , , , is a statute that allows for the filing of civil suits, in the United States, against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing...
.
In a previous decision, the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
held that the former Somalian government official is not covered by, and therefore entitled to immunity under the Foreign Sovereign Immunities Act
Foreign Sovereign Immunities Act
The Foreign Sovereign Immunities Act of 1976 is a United States law, codified at Title 28, §§ 1330, 1332, 1391, 1441, and 1602-1611 of the United States Code, that establishes the limitations as to whether a foreign sovereign nation may be sued in U.S. courts—federal or state...
. The Court remanded to District Court to determine whether defendant is entitled to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
immunity.
See also
- Jones v. Ministry of Interior for the Kingdom of Saudi Arabia (comparable 2006 decision of the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
)