Case filed in US against Gota dismissed

22 October 2019 10:42 am - 10     - {{hitsCtrl.values.hits}}

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The California District Court has said it lacks jurisdiction to maintain the case filed against former defence secretary Gotabaya Rajapaksa, on the basis that he is immune from the law suit under the doctrine of ‘common law foreign immunity’, which includes the acts performed in his official capacity as Sri Lanka's Defence Secretary.

Initially, Plaintiff Ahimsa Wickramatunge filed a case in the US District Court against Mr. Rajapaksa under the Alien Tort Statute and the Torture Victim Protection Act of 1991 for the alleged extrajudicial killing of Lasantha Wickramatunge and committing crimes against humanity and torture.

Subsequently, defendant Rajapaksa had sought court, through a motion, to dismiss the case as he was immune from suit under the doctrine of common law foreign official immunity and as such lacks jurisdiction over this action.

The Court had considered the fact that the, “Plaintiff does not dispute that Defendant acted in his official capacity on behalf of the Sri Lankan Government. In fact, because the Plaintiff does not allege that the Defendant took any direct action against Lasantha, her allegations of Rajapaksa’s involvement are reliant upon Defendant’s role as Secretary of Defence.”

The Court had observed that, ‘common law foreign sovereign immunity’ extends to individual foreign officials for “acts performed in their official capacity…” (Shehan Chamika Silva)

 

  Comments - 10

  • Criminal Tuesday, 22 October 2019 11:19 AM

    USA has been clearing the hurdles one by one for Mr G. Rajapaksha . it's a clear site that Mr Rajapaksha is a favourable candidate for stars and stripes folks and pohottuwa blamea other for being US agents. How pathetic !

    SKM Tuesday, 22 October 2019 11:28 AM

    US Ambassador visiting MR just before nominations is a lucky sign

    Jeeves Tuesday, 22 October 2019 03:58 PM

    US realises it needs to jump ship!

    Nishan Tuesday, 22 October 2019 03:59 PM

    And we thought monitoring elections was for our benefit!

    Sando Tuesday, 22 October 2019 04:30 PM

    Justice meted out fast..... and impartial. Well done U.S.

    Nirmal Sanjeewa Tuesday, 22 October 2019 04:36 PM

    Wonderful news. All unpatriotic forces biting dust.

    Venom Wednesday, 23 October 2019 06:52 AM

    US trying to create another Bin Laden. It doesn't matter to them as this Bin Laden will concentrate his activities to Sri Lanka or so they think!!!

    Justice Wednesday, 23 October 2019 06:53 AM

    So can we guess what the - QUID PRO QUO could be? More SOFA agreements surreptitiously between two Americans!

    joshua Wednesday, 23 October 2019 07:51 AM

    all these are signs of anarchy to come in SL.

    Nimal Wednesday, 23 October 2019 01:05 PM

    Great defeat for Vimal W. America is now so deshapremi now


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