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International Law Keyed to Damrosche
Yousuf v Samantar
Facts
The suit which the Natives of Somalia (P) filed against Samantar (D) was based on their claims that they were victims of acts of torture and that their human rights were violated by the agents of the Somali government under the command of Samantar (D). The Natives (P) brought this suit under the Torture Victim Protection Act of 1991 while Samantar (D) on his part claimed immunity under the Foreign Sovereign Immunities Act (FSIA). The district court held that Samantar (D) had immunity from the suit and dismissed the suit filed against him. The district court based its decision on the fact that the majority view that individuals acting within the scope of their official duties qualifies them as an “agency or instrumentality of a foreign state” under the FSIA. Review was however granted by the court of appeals.
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