On Wednesday, a Washington D.C. Federal District Court dismissed all claims by the fathers of two Guantanamo detainees who hung themselves. According to the report by the Courthouse News Service, the fathers of Yasser Al-Zahrani, Jr., a Saudi Arabian citizen, and Salah Ali Abdullah Ahmed Al-Salami Jr., a Yemeni citizen, brought claims against the U.S. Government for alleged violations of the U.S. Constitution, the Alien Tort Claims Act and the Federal Tort Claims Act. The plaintiffs had sought punitive damages for physical and emotional injury, and loss of earnings, family relations, and medical expenses.
According to the CNS, the decision goes on to hold that even if the judge had agreed her court did have jurisdiction, there were no violations of the plaintiffs’ rights under any of the constitutional, alien tort, or federal tort claims. Judge Huvelle decided there was “no remedy for alleged constitutional violations based on the D.C. Circuit’s ruling in Rasul v. Rumsfeld,” which held that judges should “steer clear” of cases involving treatment of Guantanamo detainees.
The judge also dismissed plaintiffs’ alien tort claims agreeing with defendants that the officials involved had been acting within the scope of their duties while detaining and interrogating Al-Zahrani and Al-Salami. Finally, the judge dismissed the federal tort claims, finding the protection of sovereign immunity applied at the facility where the detainees were held, as the Supreme Court has ruled Cuba maintains sovereignty over Guantanamo.
The judge granted the defendants’ motion to dismiss the case.
Related Resources:
- Gitmo Detainees’ Fathers Lose Torture Lawsuit (Courthouse News Service)
- What Boumediene Means (FindLaw’s Writ)
- Supreme Court Won’t Hear Appeal From Former Gitmo Detainees (FindLaw’s Decided)
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