WASHINGTON — A US judge in the state of Virginia paved the way on Friday for ex-Somali defence minister and prime minister to face a lawsuit filed under 1991′s Torture Victim Protection Act.
General Mohamed Ali Samatar is accused of killing thousands of members of the Isaaq clan in the 1980s when a popular uprising began against the totalitarian rule of Major General Mohamed Siad Bare . General Samatar served under Major General Mohamed Siad Barre during his 21 year regime. Samatar was a General in the Somali Armed Forces and served as Defence Minister (1980-1986) and as Prime Minster of Somalia from 1st February 1987 – 3rd September 1990.
The US District Court began hearing arguments on Friday 1st April in a lawsuit that involves allegations of abuses and war crimes against Samatar.
District Judge Leonie Brinkema’s opening remarks set the tone for the whole exchange, she stated that the immunity defence was no longer applicable in this case having heard from the Supreme Court (which has reversed her original ruling) and having heard from the executive branch, which did not support the claim of Samatar’s eligibility for immunity as a head of state (prime minister). The judge also pointed out that there was no effective central government in Somalia that can vouch or argue on behalf of General Samatar indicating that he (the general) was doing the country’s bidding.
Samatar’s lawyer argued that General Samatar was living “openly” in Italy for 10 years and no lawsuit was brought against him, therefore the statute of limitation has expired and that the plaintiff’s case has no merit. The defence lawyer also went on to say that the law allowing US citizens to sue for grievances against foreign officers for alleged crimes committed abroad was enacted after alleged crimes were committed, therefore one cannot apply this law retrospectively. They also stated that there was no basis to bring charges of torture or other alleged crimes against Samatar.
All of these points were strongly rejected by the Centre for Justice & Accountability (CJA) lawyer, Natasha Fain, who made a counter-argument against each of them.
The judge concluded that all the arguments Samatar’s lawyer was making begged for a trial where one can argue the merit of the case and provide evidence that can stand in court as opposed to simple statements. The judge categorically rejected the motion to dismiss the case and instructed the lawyers to prepare for trial.
No date for the trial has been set but it will be determined at a later date.
Report by Mahdi Abdi, who was present at the hearing.
Editing by Mark T. Jones
More about the work of the CJA can be found at: http://www.cja.org/article.php?list=type&type=85
Somalilandpress | 5 April 2011
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Background:
In the early 1980s, the military dictator General Siad Barre initiated a brutal counterinsurgency campaign to crush the opposition Somali National Movement (SNM) in northwestern Somalia (Somaliland). The Somali Armed Forces killed and looted livestock, blew up water reservoirs, destroyed homes, and tortured, imprisoned and summarily executed civilians accused of supporting the SNM, including businessmen, teachers, high school students and nomads simply tending their herds. The regime killed over 50,000 Isaaq civilians.
Video: Bashe Abdi Yousuf was a young businessman who helped form a public service organization dedicated to improving education and health care in the Somali city of Hargeisa.
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