Torture Victim Protection Act

Samantar v. Yousuf

Issues

Whether the Foreign Sovereign Immunities Act applies to government officials acting in their official capacities, and if so, whether the individual retains that immunity after he or she is no longer an official of a foreign state.

Court below

United States Court of Appeals for the Fourth Circuit

Numerous plaintiffs filed claims against Mohamed Ali Samantar, the former Prime Minister and Minister of Defense of Somalia, alleging that he was personally liable for a systematic use of torture and killing of civilians by Somali intelligence agencies during the 1980s. The district court found that Samantar was immune to these charges under the Foreign Sovereign Immunities Act (“FSIA”) and dismissed the case. The Fourth Circuit Court of Appeals reversed, holding that the statutory language of FSIA does not cover either current or former government officials. In determining the scope of the FSIA as it relates to individuals, the Supreme Court will have an opportunity to clarify the language of the statute and resolve ambiguities between the FSIA and other immunity statutes. The decision could have a major impact on United States international relations by altering the immunity enjoyed by U.S. officials abroad and influencing the number of international claims in U.S. courts.

Questions as Framed for the Court by the Parties

1. Whether a foreign state's immunity from suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1604, extends to an individual acting in his official capacity on behalf of a foreign state. ??

2. Whether an individual who is no longer an official of a foreign state at the time suit is filed retains immunity for acts taken in the individual's former capacity as an official acting on behalf of a foreign state. ?

Somali government agents, including the National Security Service (“NSS”) and the military police, allegedly subjected disfavored Somali clans and government opponents to widespread, systematic use of torture, arbitrary detention, and extrajudicial killing. See Yousuf v. Samantar, 552 F.3d 371, 373–74 (4th Cir.