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Supreme Court: Law says organizations cannot be sued for torture

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posted on Apr, 19 2012 @ 02:57 AM
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Supreme Court: Law says organizations cannot be sued for torture
By Stephen C. Webster
Wednesday, April 18, 2012 16:26 EDT -- The Raw Story

It was a unanimous decision by the SCOTUS.

The case was Mohamad v. Palestinian Authority.

Apparently a naturalized U.S. citizen was involved.

Justice Sonia Sotomayor cited the Torture Victims Protection Act of 1991, and said it “convinces us that Congress did not extend liability to organizations, sovereign or not.”


The United States Supreme Court ruled Wednesday that a law on the books since 1991 precludes organizations, both political and corporate, from sued for torture or murder outside of the U.S.

In a unanimous ruling on Mohamad v. Palestinian Authority (PDF), Justice Sonia Sotomayor said that the careful text of the Torture Victims Protection Act of 1991, the way it is written “convinces us that Congress did not extend liability to organizations, sovereign or not.”

She added: “There are no doubt valid arguments for such an extension. But Congress has seen fit to proceed in more modest steps in the Act, and it is not the province of this branch to do otherwise.”




The lawsuit was filed on behalf of the family of Azzam Rahim, a Palestinian man with U.S. citizenship who was was allegedly tortured and killed by Palestinian officials some time after his arrest in 1995. The Palestinian Authority has denied the charge.


The story has links to legal details of the case.




posted on Apr, 19 2012 @ 03:07 AM
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well if individuals can be sued for torture and corporations have the right of individuals..

i guess they can pick and choose which rights apply. the whole corporations sometimes counting as a person thing and sometimes not is very confusing to say the least.



posted on Apr, 19 2012 @ 03:19 AM
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Originally posted by Nephlim
i guess they can pick and choose which rights apply.
It's the United States, what did you really expect?

Now if it was someone who was connected to a major corporation or something similar, they would probably declare it an "act of war", and try to march over there and find whoever was responsible.

But because it doesn't profit them in anyway they could really care less...


Welcome to America; Home of the "free", land of the idiot (who believes whatever the TV box tells him is truth).




posted on Apr, 19 2012 @ 04:08 AM
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Really?
I thought corporations were people.

Does this mean anyone can torture now?
Try to keep your facts strait SCOTUS.




posted on Apr, 19 2012 @ 08:49 AM
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I think you guys may have misread he article.

From what I am getting out of it the individual in question, who was an American Citizen, was arrested in the Palestinian territories, where he was tortured by the PA (they deny the charge).

SCOTUS is saying the law in question does not allow a person to sue an entity / group outside of the United States who tortures a US citizen. The law in question cannot be applied outside of the US. Our law does not apply to a foreign entity / government.

yes? no?
edit on 19-4-2012 by Xcathdra because: (no reason given)



posted on Apr, 19 2012 @ 02:56 PM
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From the opinion:

"the Act does not create an exception to the Foreign Sovereign Immunities Act of1976, 28 U. S. C. §1602 et seq., which renders foreign sovereigns largely immune from suits in U. S. courts."

After that it was all just frosting on that steaming pile.

Derek




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