Filártiga v. Peña-Irala
Encyclopedia
Filártiga v. Peña-Irala, 630 F.2d 876 (2d Cir.
1980) was a landmark case in United States
and international law
. It set the precedent for United States federal courts
to punish non-American citizens
for tort
ious acts committed outside the United States
that were in violation of public international law (the law of nations) or any treaties to which the United States
is a party. It thus extends the jurisdiction
of United States courts to tortious acts committed around the world. The case was decided by a panel of judges from the United States Court of Appeals for the Second Circuit
consisting of Judges Feinberg
, Kaufman
and Kearse
.
d to death by Américo Norberto Peña Irala. All parties were living in Paraguay
at the time, and Peña was the Inspector General
of Police
in Asunción
. Later that same day, police brought Dolly Filártiga (Joelito's sister) to see the body, which evidenced marks of severe torture. The Filártigas claimed that Joelito was tortured in retaliation for the political activities and beliefs of his father, Dr. Joel Filártiga.
Dr. Filártiga brought murder
charges against Peña and the police in Paraguay, but the case went nowhere. Subsequently, the Filártigas' attorney was arrested, imprisoned, and threatened with death. He was later allegedly disbarred
without just cause.
In 1978, Dolly Filártiga and (separately) Américo Peña came to the United States. Dolly applied for political asylum, while Peña stayed under a visitor's visa. Dolly learned of Peña's presence and reported it to the Immigration and Naturalization Service
, who arrested and deported
Peña for staying well past the expiration of his visa.
pending deportation, Dolly lodged a civil complaint in U.S. courts, brought forth by the Center for Constitutional Rights
, for Joelito's wrongful death
by torture, asking for damages in the amount of USD
10 million. After an initial district court dismissal citing precedents that limited the function of international law to relations between states, on appeal, the circuit ruled that freedom from torture was guaranteed under customary international law. The appellants argued that Peña's actions had violated wrongful death statutes, the United Nations Charter
, the Universal Declaration of Human Rights
, the American Declaration of the Rights and Duties of Man
, and other customary international law. Petitioner claimed the U.S. courts had jurisdiction to hear the case under the Alien Tort Statute
, which grants district courts original jurisdiction to hear tort claims brought by an alien that have been "committed in violation of the law of nations or a treaty of the United States." This case interpreted that statute to grant jurisdiction over claims for torts committed both within the United States and abroad.
(saying that Paraguay was a more convenient location for the trial), but did not succeed.
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
1980) was a landmark case in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. It set the precedent for United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
to punish non-American citizens
United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
for tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
ious acts committed outside the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that were in violation of public international law (the law of nations) or any treaties to which the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
is a party. It thus extends the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of United States courts to tortious acts committed around the world. The case was decided by a panel of judges from the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
consisting of Judges Feinberg
Wilfred Feinberg
Wilfred Feinberg is a Senior United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. He was Chief Judge of the Circuit from 1980 to 1988, and assumed senior status in 1991...
, Kaufman
Irving Kaufman
Irving Robert Kaufman was a federal judge in the United States. He is best remembered for imposing the controversial death sentences on Julius and Ethel Rosenberg.-Biography:...
and Kearse
Amalya Lyle Kearse
Amalya Lyle Kearse is a judge of the United States Court of Appeals for the Second Circuit, and a world-class bridge player.-Legal career:...
.
Events
The Filártiga family contended that on 29 March 1976, their seventeen-year-old son Joelito Filártiga was kidnapped and tortureTorture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
d to death by Américo Norberto Peña Irala. All parties were living in Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
at the time, and Peña was the Inspector General
Inspector General
An Inspector General is an investigative official in a civil or military organization. The plural of the term is Inspectors General.-Bangladesh:...
of Police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
in Asunción
Asunción
Asunción is the capital and largest city of Paraguay.The "Ciudad de Asunción" is an autonomous capital district not part of any department. The metropolitan area, called Gran Asunción, includes the cities of San Lorenzo, Fernando de la Mora, Lambaré, Luque, Mariano Roque Alonso, Ñemby, San...
. Later that same day, police brought Dolly Filártiga (Joelito's sister) to see the body, which evidenced marks of severe torture. The Filártigas claimed that Joelito was tortured in retaliation for the political activities and beliefs of his father, Dr. Joel Filártiga.
Dr. Filártiga brought murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
charges against Peña and the police in Paraguay, but the case went nowhere. Subsequently, the Filártigas' attorney was arrested, imprisoned, and threatened with death. He was later allegedly disbarred
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
without just cause.
In 1978, Dolly Filártiga and (separately) Américo Peña came to the United States. Dolly applied for political asylum, while Peña stayed under a visitor's visa. Dolly learned of Peña's presence and reported it to the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
, who arrested and deported
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
Peña for staying well past the expiration of his visa.
Case
When Peña was taken to the Brooklyn Navy YardBrooklyn Navy Yard
The United States Navy Yard, New York–better known as the Brooklyn Navy Yard or the New York Naval Shipyard –was an American shipyard located in Brooklyn, northeast of the Battery on the East River in Wallabout Basin, a semicircular bend of the river across from Corlear's Hook in Manhattan...
pending deportation, Dolly lodged a civil complaint in U.S. courts, brought forth by the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
, for Joelito's wrongful death
Wrongful death claim
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...
by torture, asking for damages in the amount of USD
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
10 million. After an initial district court dismissal citing precedents that limited the function of international law to relations between states, on appeal, the circuit ruled that freedom from torture was guaranteed under customary international law. The appellants argued that Peña's actions had violated wrongful death statutes, the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, the American Declaration of the Rights and Duties of Man
American Declaration of the Rights and Duties of Man
The American Declaration of the Rights and Duties of Man was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year....
, and other customary international law. Petitioner claimed the U.S. courts had jurisdiction to hear the case under the Alien Tort Statute
Alien Tort Statute
The Alien Tort Statute ) is a section of the United States Code that reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." This statute is notable for allowing...
, which grants district courts original jurisdiction to hear tort claims brought by an alien that have been "committed in violation of the law of nations or a treaty of the United States." This case interpreted that statute to grant jurisdiction over claims for torts committed both within the United States and abroad.
Judgment
The U.S. courts eventually ruled in favor of the Filártigas, awarding them roughly $10.4 million. Torture was clearly a violation of the law of nations, and the U.S. did have jurisdiction over the case since the claim was lodged when both parties were inside the United States. Additionally, Peña had sought to dismiss the case based on forum non conveniensForum non conveniens
Forum non conveniens is a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties...
(saying that Paraguay was a more convenient location for the trial), but did not succeed.