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Filártiga v.

Peña-Irala 1

Filártiga v. Peña-Irala
Filártiga v. Peña-Irala, 630 F.2d 876 [1] (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 tortious 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.

The Filártiga family contended that on 29 March 1976, their seventeen-year-old son Joelito Filártiga was kidnapped
and tortured 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.

When Peña was taken to the Brooklyn Navy Yard pending deportation, Dolly lodged a civil complaint in U.S.
courts, brought forth by the Center for Constitutional Rights,[2] 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.[2] 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."[3] This case interpreted that statute to grant jurisdiction over claims for torts committed both within the
United States and abroad.
Filártiga v. Peña-Irala 2

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
conveniens (saying that Paraguay was a more convenient location for the trial), but did not succeed.

[1] http:/ / openjurist. org/ 630/ f2d/ 876/ filartiga-v-pena-irala
[2] "Filártiga v. Peña-Irala" (http:/ / www. ccrjustice. org/ ourcases/ past-cases/ filártiga-v. -peñ-irala). Center for Constitutional Rights.
March 2007. . Retrieved 2008-03-23.
[3] Alien Tort Statute, 28 U.S.C.  § 1350 (http:/ / www. law. cornell. edu/ uscode/ 28/ 1350. html)
Article Sources and Contributors 3

Article Sources and Contributors

Filártiga v. Peña-Irala  Source:  Contributors: Are You The Cow Of Pain?, Cdogsimmons, Draeco, Eastlaw, ForeigNature, Good
Olfactory, IGuru, Lapicero, Legal mind, Legalskeptic, Levineps, Neutrality, PubliusFL, Rich Farmbrough, Tabletop, Tigres119, VisiGrad, YUL89YYZ, 16 anonymous edits

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