Former Somali prime minister Mohamed Ali Samantar [2] on Feb. 23 accepted legal responsibility for war crimes and crimes against humanity before the US District Court for the Eastern District of Virginia. The civil suit was brought by the Center for Justice and Accountability (CJA [3]) in 2004 against Samantar, who had been living in Washington, DC, for more than 15 years, on behalf of five Somalis under the Torture Victim Protection Act of 1991. The plaintiff Somalis had been granted asylum in the US after being imprisoned and tortured while Samantar was in office under dictator Siad Barre. Samantar said he will not contest his legal responsibility but made clear that by doing this he is not admitting guilt. The CJA said this is the first time [4] anyone will be held legally responsible for the events that occurred during Barre's regime.
Samantar appealed his case multiple times, claiming immunity under the Foreign Sovereign Immunities Act (FSIA) and other common law defenses. Last year, the district court ruled that no immunity privileges under any of theses laws applied. The case made it to the US Supreme Court in 2010, which decided that the FSIA did not extend immunities to foreign leaders in civil cases. This ruling overturned the district court's 2007 decision to dismiss the case on grounds that the FSIA granted Samantar immunity.
From Jurist [5], Feb. 24. Used with permission.
See our last posts on the Horn of Africa [6].
