Naomi Reice Buchwald, United States District Judge For The Southern District Of New York deferred to the Suggestion of Immunity issued by the U.S. State Department and dismissed the lawsuit brought by Vathsala Devi, the wife of Col. Ramesh.
Mahinda Rajapaksa - Photo -Sudath Silva
The Plaintiff in the lawsuit asserts cause of action against President Rajapaksa for torture, cruel, inhuman or degrading treatment and international infliction of emotional distress in violation of the Alien Torts Claims Act, Torture Victim Protection Act, International Covenant on civil and political rights and the customary international law pertaining to armed conflict.
In her decision Judge Buchwald stated that President Rajapaksa enjoys head of state immunity. She added that head of state immunity is premised on comity as well as on the recognition that foreign leaders must be able to represent their nations abroad without the threat of being hailed into a foreign legal system. The Judge further stated that, “it is settled law that a determination by the Executive Branch that a foreign head of state is immune from suit is conclusive and a court must accept such determination without reference to the underlying claims of a plaintiff.”
Judge Buchwald noted, however, that the plaintiff advanced several arguments to break new jurisprudential ground. The court acknowledged “the emergence of an international criminal regime that provides no shelter even to sitting heads of state is certainly a remarkable development”. Nonetheless, the Court said that it is not applicable to civil remedies.
A human rights scholar observed, “It would be paradoxical if a victim of human rights violation could exercise universal jurisdiction in a criminal context, but not obtain civil redress under the same basis of jurisdiction”.
“Civil proceedings are less intrusive in governmental functions and most importantly it empowers the victim herself,” said Plaintiff’s Attorney Visuvanathan Rudrakumaran. He acknowledges that the law is evolving with respect to liability for the head of state for violation of international crimes.
He said the Plaintiff will appeal to the U.S Court of Appeals for the Second Circuit where the case will be heard by a panel of three Judges. “The road to justice maybe long but we will not waiver from our determined journey” said Rudrakumaran.
EIN Presswire
httpv://www.youtube.com/watch?v=M0vnSed-gHU
Kapila Kahapola, UAE / September 14, 2012
Ayyo Donald Seeye…
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maggie nona / September 14, 2012
What a waste of money and time
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Sam / September 14, 2012
The plaintiffs must persist as this is an international matter of justice against heads of state who misuse dictatorial powers.
We should await the Appeals Court verdict.
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elroy / September 14, 2012
This man looks like an LTTE thug, who certainly was involved in the mass killings of the innocent, and this is all a real joke. He is suing the head of SL for doing what any any President or Country would do to demolish terrorism. This man is lucky to be alive to complain.
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muthsami / September 14, 2012
This man is not only a terrorist, he is high on drugs who walked the streets with bombs strapped to his chest looking for school buses
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Sucharitha / September 14, 2012
I wish this President could take some time to listen the Bana preached by
Baddiya thero. If he could change his attitudes, consequences will be much favourable since the larger stupid majority reelected him -now there is no choice before the opponents who bear the varied views to rulers.
http://www.youtube.com/watch?v=7-muifaQWj8&feature=relmfu
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Don Sarath / September 14, 2012
What this man Sucharitha saying is that those who elected Rajapakse are stupid and those who voted for an over ambitious fool called SF, backed by a [Edited out]called Ranil who was dead scared of LTTE and willing to give North & East to Prabakaran, and murderous JVP goons are wise people.
What a Rice Eating Bull is he, to sit on his brain and write stupid stuff, to challenge the intelligence of the people of Sri Lanka?
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American Lanka Lover / September 14, 2012
The Second Circuit will surely uphold the ruling and the Supreme Court will surely deny certiorari meaning they will refuse to hear the case. The terror diaspora has plenty of money and unethical lawyers who will continue to file these frivolous cases which waste the resources of our judicial system. While LTTE and its various front organizations cannot use US courts, having been declared vexatious litigants, they use proxies like this to circumvent the limitations imposed on them by prior court orders.
Now why this terrorist is not deported to face justice in Sri Lanka is another story; the bleeding hearts, having been brainwashed by LTTE propaganda, grant political asylum to these criminals and terrorists with regularity. This is a huge problem for law abiding citizens the World over.
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