University

of the Philippines College of Law

JARL D2022

Case Name FILARTIGA v. PEÑA-IRALA

Topic Alien Tort Statute and International Law

Case No. | Date No. 191, Docket 79-6090 | June 30, 1980

Ponente KAUFMAN, J.

Dr. Filartiga, a citizen of Paraguay, alleged that defendant, Pena, also a citizen of Paraguay,
wrongfully tortured and caused the death of his 17-year old son, Joelito. After Dolly Filartiga,
daughter of Dr. Filartiga, learns that Pena was also in the United States the time that she was
residing in Washington, DC, she decides to bring the case to the American courts seeking justice
for the crime committed against his brother in Paraguay. The court of appeals ruled that deliberate
torture perpetrated by a person invested with official authority was a violation of customary law
Case Summary supporting the jurisdiction of the district courts over “a civil action by an alien for a tort only,
committed in violation of the law of nations." The court further declared that “indeed, for purposes
of civil liability, the torturer has become like the pirate and slave trader before him, hostis humani
generis, an enemy of all mankind." The court found that torture perpetrated by a person invested
with official authority violates universally accepted human rights norms, regardless of the
nationality of the parties.

The Universal Declaration of Human Rights, Alien Tort Statute, Declaration on the Protection of
All Persons from Being Tortured – all point to the united front of nations against the criminal act
of torture. US Jurisdiction is claimed after the violation of the law of nations or a treaty wherein
the United States participates.
Doctrine
• This case was a landmark case for the granting of jurisdiction over claims for torts
committed both within the United States and abroad.
o As long as the US is a signatory to the treaty or united declaration, it shall
assume jurisdiction and apply the necessary statutes.

RELEVANT FACTS
• Dr. Filartiga along with this daughter, Dolly Filartiga, allege that his 17-year old son, Joelito, was brutally
tortured and killed by Norberto Pena-Irala (Pena). Dolly Filartiga believes that his was done because of political
agenda, because Dr. Filartiga was very vocal and open to the public about his reservations towards the current
administration of Paraguay.
• The Filartigas brought a criminal case in a Paraguayan court but the case never gained traction after their
attorney was arrested, treathened with death, and was disbarred for no just cause.
• In 1978, Dolly Filartiga, residing in Washington DC at the time, learned the Peña was also in the United States,
specifically Brookly, at the time. Dolly reported Peña to the Immigration and Naturalization Service and Peña
was arrested for staying even after the expiration of his visitor’s visa.
• Peña was then brought to the Brooklyn Navy Yard waiting for deporation, Dolly at the same time was filing a
civil complaint in a US court seeking compensation of $10,000,000 for the wrongful death of his brother, Joelito,
and punitive damages.
• Dolly Filartiga argued that Peña acts have violated several international agreements such as the Universal
Declaration of Human Rights, the United Nations Charter, the Declaration on the Protection of All Persons
from Being Tortured, and other customary international law.
• Respondent filed for dismissal of the case the grounds of lack of jurisdiction, reasoning that the unlawful act
was committed in Paraguay.
• Petitioner claimed that the US 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.”
 University of the Philippines College of Law
JARL D2022

• District court dismissed the action for want of subject matter jurisdiction which was accordingly reversed by
the US Court of Appeals dismissing the complaint for want of federal jurisdiction.

RATIO DECIDENDI
Issue Ratio
W/N the act of torture YES
is part of international • The US SC held that “whenever an alleged torturer is found and served with
concern, thus, under process by an alien w/in our borders, the Alien Tort Statute provides federal
the customary jurisdiction.”
international law. • An act of torture committed by a state official, such as Pena who was Inspector
Giving US federal General of Police in a Asuncion (City in Paraguay), at the time against one held in
courts jurisdiction detention violates established norms of the international law of human rights, and
over the case. hence the law of nations (a law which the US is a signatory to).

RULING (although this was not included in the case):

• 5 years after, US Courts eventually ruled in favor of the Filartigas, awarding the Dr. Filartiga and Dolly Filartiga
a combined $10.4 million dollars. Torture was clearly a violation of the law of nations, and the US did have
jurisdiction over the issue since the case was forwarded at a time that both parties were in the US.

NOTES:

• Alien Tort Statute – 28 US Code 1350 - 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.