The Torture Victim Protection Act of 1991 (TVPA; Pub. L.Tooltip Public Law (United States) 102–256, H.R. 2092, 106 Stat. 73, enacted March 12, 1992) is a US 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. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are "adequate and available." Plaintiffs may be U.S. citizens or non-U.S. citizens.
Torture Victim Protection Act of 1991
Long title
An Act to carry out obligations of the United States under the United Nations Charter and other international agreements pertaining to the protection of human rights by establishing a civil action for recovery of damages from an individual who engages in torture or extrajudicial killing.
Mohamad v. Palestinian Authority, 566U.S. 449 (2012)
Although the Act was not passed until early 1992, it was introduced the previous year, and the official name of the Act is the "Torture Victim Protection Act of 1991."
Legal issuesedit
In 1992, Sister Dianna Ortiz was the first to file a case under the act, in a civil action against former general and Defense Minister Héctor Gramajo of Guatemala, contending that, by his command authority, he was responsible for her abduction, rape, and torture by military forces in Guatemala in November 1989. A federal court in Massachusetts ruled in her favor, awarding her $5 million in damages in 1995.[1]
The TVPA has been used by victims of terrorism to sue foreign states that have been designated by the U.S. as state sponsors of terrorism, such as Iraq (which has since been removed from the list) and Iran. In May 2000, Miami based attorney Andrew C. Hall[2] and clients David Daliberti, Bill Barloon, Chad Hall, Kenneth Beaty and their wives were awarded a collective sum of almost $19 million for the pains the men suffered in captivity. see Daliberti v. Republic of Iraq, 97 F.Supp.2d 38 (D.D.C. 2000);[3] and also Weinstein v. Islamic Republic of Iran, 184 F.Supp.2d 13 (D.D.C. 2002). The Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. §§ 1602–1611,[4] prohibits foreign states from being sued in U.S. courts for most non-commercial issues.
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 1605(a)(7), created an exception to the FSIA, allowing U.S. nationals to sue foreign states if the state has been designated as a state sponsor of terrorism and if the plaintiff's injury has been caused by the state's support of a terrorist organization. Following the passage of the AEDPA, numerous suits have been filed against state sponsors of terrorism, particularly Iran. Because some courts have held that the AEDPA does not create a cause of action against foreign states, plaintiffs have used the TVPA and the AEDPA in concert, first using the AEDPA to provide an exception to a foreign state's sovereign immunity, and then using the TVPA to provide a cause of action.[5]
The TVPA has also been used by victims of torture by agents of the United States. In Meshal v. Higgenbotham, a native-born American citizen alleges U.S. officials repeatedly threatened him with torture, forced disappearance, and other serious harm.
On April 18, 2012, in Mohamad v. Palestinian Authority, the United States Supreme Court unanimously ruled that the TVPA applies exclusively to natural persons and does not impose liability against any organizational entity.[6] The court's decision was based on the statute's use of the word "individual", as distinguished from "person" (the latter of which is usually defined in U.S. law and statutes as meaning an individual or an organization). The court examined the word both in context of its ordinary meaning and through the legislative history of the TVPA. The court noted that the original language of the TVPA bill had used the word "person" and that during a House committee markup, one of the bill's sponsors proposed an amendment "to make it clear we are applying it to individuals and not to corporations."
Referencesedit
^Ratner, Michael. . Justice and the Generals: US Law. PBS. Archived from the original on January 21, 2015. Retrieved 2007-07-09.{{cite web}}: CS1 maint: unfit URL (link)
^"Imprisoned Americans Awarded Millions from Iraq". ABC News.
^Debra M. Strauss, Enlisting the U.S. Courts in a New Front: Dismantling the International Business Holdings of Terrorist Groups Through Federal Statutory and Common-Law Suits, 38 Vand. J. Transnat'l L. 679, 710 (2005)
^Asid Mohamad v. Palestinian Authority, et al., No. 11-88
Further readingedit
Schochet, P. Rivka, "A New Role for an Old Rule: Local Remedies and Expanding Human Rights Jurisdiction under the Torture Victim Protection Act," 19(1) Columbia Human Rts. L.Rev., 1987
Human Rights First; Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality
Wikisource has original text related to this article:
Torture Victim Protection Act of 1991
January 01, 1970
torture, victim, protection, 1991, tvpa, tooltip, public, united, states, 2092, stat, enacted, march, 1992, statute, that, allows, filing, civil, suits, united, states, against, individuals, acting, official, capacity, foreign, nation, committed, torture, extr. The Torture Victim Protection Act of 1991 TVPA Pub L Tooltip Public Law United States 102 256 H R 2092 106 Stat 73 enacted March 12 1992 is a US 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 The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime to the extent that such remedies are adequate and available Plaintiffs may be U S citizens or non U S citizens Torture Victim Protection Act of 1991Long titleAn Act to carry out obligations of the United States under the United Nations Charter and other international agreements pertaining to the protection of human rights by establishing a civil action for recovery of damages from an individual who engages in torture or extrajudicial killing Acronyms colloquial TVPAEnacted bythe 102nd United States CongressEffectiveMarch 12 1992CitationsPublic law102 256Statutes at Large106 Stat 73CodificationTitles amended28 U S C Judiciary and Judicial ProcedureU S C sections amended28 U S C ch 85 1350Legislative historyIntroduced in the House as H R 2092 by Gus Yatron D PA on April 24 1991Committee consideration by House Foreign Affairs House JudiciaryPassed the House on November 25 1991 agreed voice vote Passed the Senate on March 3 1992 passed voice vote Signed into law by President George H W Bush on March 12 1992United States Supreme Court casesMohamad v Palestinian Authority 566 U S 449 2012 Although the Act was not passed until early 1992 it was introduced the previous year and the official name of the Act is the Torture Victim Protection Act of 1991 Legal issues editIn 1992 Sister Dianna Ortiz was the first to file a case under the act in a civil action against former general and Defense Minister Hector Gramajo of Guatemala contending that by his command authority he was responsible for her abduction rape and torture by military forces in Guatemala in November 1989 A federal court in Massachusetts ruled in her favor awarding her 5 million in damages in 1995 1 The TVPA has been used by victims of terrorism to sue foreign states that have been designated by the U S as state sponsors of terrorism such as Iraq which has since been removed from the list and Iran In May 2000 Miami based attorney Andrew C Hall 2 and clients David Daliberti Bill Barloon Chad Hall Kenneth Beaty and their wives were awarded a collective sum of almost 19 million for the pains the men suffered in captivity see Daliberti v Republic of Iraq 97 F Supp 2d 38 D D C 2000 3 and also Weinstein v Islamic Republic of Iran 184 F Supp 2d 13 D D C 2002 The Foreign Sovereign Immunity Act FSIA 28 U S C 1602 1611 4 prohibits foreign states from being sued in U S courts for most non commercial issues The Antiterrorism and Effective Death Penalty Act of 1996 AEDPA 28 U S C 1605 a 7 created an exception to the FSIA allowing U S nationals to sue foreign states if the state has been designated as a state sponsor of terrorism and if the plaintiff s injury has been caused by the state s support of a terrorist organization Following the passage of the AEDPA numerous suits have been filed against state sponsors of terrorism particularly Iran Because some courts have held that the AEDPA does not create a cause of action against foreign states plaintiffs have used the TVPA and the AEDPA in concert first using the AEDPA to provide an exception to a foreign state s sovereign immunity and then using the TVPA to provide a cause of action 5 The TVPA has also been used by victims of torture by agents of the United States In Meshal v Higgenbotham a native born American citizen alleges U S officials repeatedly threatened him with torture forced disappearance and other serious harm On April 18 2012 in Mohamad v Palestinian Authority the United States Supreme Court unanimously ruled that the TVPA applies exclusively to natural persons and does not impose liability against any organizational entity 6 The court s decision was based on the statute s use of the word individual as distinguished from person the latter of which is usually defined in U S law and statutes as meaning an individual or an organization The court examined the word both in context of its ordinary meaning and through the legislative history of the TVPA The court noted that the original language of the TVPA bill had used the word person and that during a House committee markup one of the bill s sponsors proposed an amendment to make it clear we are applying it to individuals and not to corporations References edit Ratner Michael Civil Remedies for Gross Human Rights Violations Justice and the Generals US Law PBS Archived from the original on January 21 2015 Retrieved 2007 07 09 a href Template Cite web html title Template Cite web cite web a CS1 maint unfit URL link Imprisoned Americans Awarded Millions from Iraq ABC News Daliberti v Iraq US Code Cornell University Debra M Strauss Enlisting the U S Courts in a New Front Dismantling the International Business Holdings of Terrorist Groups Through Federal Statutory and Common Law Suits 38 Vand J Transnat l L 679 710 2005 Asid Mohamad v Palestinian Authority et al No 11 88Further reading editSchochet P Rivka A New Role for an Old Rule Local Remedies and Expanding Human Rights Jurisdiction under the Torture Victim Protection Act 19 1 Columbia Human Rts L Rev 1987 Human Rights First Leave No Marks Enhanced Interrogation Techniques and the Risk of Criminality nbsp Wikisource has original text related to this article Torture Victim Protection Act of 1991 Retrieved from https en wikipedia org w index php title Torture Victim Protection Act of 1991 amp oldid 1218546848, wikipedia, wiki, book, books, library,
