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Lawsuit against MR dismissed

14 September 2012 01:00 pm - 15     - {{hitsCtrl.values.hits}}

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United States District Judge For The Southern District Of New York Naomi Reice Buchwald deferred to the Suggestion of Immunity issued by the U.S. State Department and dismissed the lawsuit brought by Vathsala Devi, the wife of Col. Ramesh.

The Plaintiff in the lawsuit asserts cause of action against President Rajapaksa for torture, cruel, inhuman or degrading treatment and international infliction of emotional distress in violation of the Alien Torts Claims Act, Torture Victim Protection Act, International Covenant on civil and political rights and the customary international law pertaining to armed conflict.

In her decision Judge Buchwald stated that President Rajapaksa enjoys head of state immunity. She added that head of state immunity is premised on comity as well as on the recognition that foreign leaders must be able to represent their nations abroad without the threat of being hailed into a foreign legal system. The Judge further stated that, "it is settled law that a determination by the Executive Branch that a foreign head of state is immune from suit is conclusive and a court must accept such determination without reference to the underlying claims of a plaintiff."

Judge Buchwald noted, however, that the plaintiff advanced several arguments to break new jurisprudential ground. The court acknowledged "the emergence of an international criminal regime that provides no shelter even to sitting heads of state is certainly a remarkable development". Nonetheless, the Court said that it is not applicable to civil remedies.

A human rights scholar observed, "It would be paradoxical if a victim of human rights violation could exercise universal jurisdiction in a criminal context, but not obtain civil redress under the same basis of jurisdiction".

"Civil proceedings are less intrusive in governmental functions and most importantly it empowers the victim herself," said Plaintiff's Attorney Visuvanathan Rudrakumaran. He acknowledges that the law is evolving with respect to liability for the head of state for violation of international crimes.

He said the Plaintiff will appeal to the U.S Court of Appeals for the Second Circuit where the case will be heard by a panel of three Judges. "The road to justice maybe long but we will not waiver from our determined journey" said Rudrakumaran. Source: EIN Presswire
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  Comments - 15

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  • sam Saturday, 15 September 2012 03:54 PM

    ltte are freedom fighters, you sinhalese criminals started the problem by discriminating minority tamils, nobody can justify killing of thousands of innocent tamils and their children. you sinhalese can't escape from the sin and the karma. god bless you

    truth Friday, 14 September 2012 05:30 PM

    If the government is run by terrorists, those governments have to sued!!!

    Hussain Saturday, 15 September 2012 05:18 PM

    Col Ramesh. Ha ha ha hee heee heeee!!!!! Idiot.

    raviraj Friday, 14 September 2012 06:10 PM

    that is democracy mate which you Sl find it difficult to digest

    Leslie Friday, 14 September 2012 07:08 PM

    terrorists trying to sue elected governments... what a joke you idiots.

    Dr. Who Saturday, 15 September 2012 12:47 AM

    Yeah, I guess. I can't wait until the large amount of
    minority groups in the USA especially
    the Blacks and Hispanics ask for a separate state on
    grounds of discrimination, of course.By the way how
    is the Hindu caste system treating you ? Did anyone
    in your family change your name because of it?I feel for
    the child soldiers.A complete loss of an entire generation.I heard the Indian Army is also accused of rape. Maybe, that's
    is the reason for the assasination of Rajive Gandhi.Democracy
    prevails!

    MagodisThuma Friday, 14 September 2012 01:48 PM

    In Sri Lanka Vermin Silva & Malaka Silva also has that immunity

    Nalaka Saturday, 15 September 2012 02:20 AM

    what about all the crimes this Ramesh and his terror friends have done such as the suicide bombs

    Nishantha Rajapaksa Friday, 14 September 2012 02:03 PM

    hondha wade

    michael Saturday, 15 September 2012 02:27 AM

    If we find it difficult to digest, do explain why the LTTE found it difficult to digest as well. Stop supporting those who destroyed your own raviraj. you left. we stayed. we know what we went through. you don't.

    KD Saturday, 15 September 2012 02:57 AM

    LTTE and democracy. Funny.

    SL Friday, 14 September 2012 02:45 PM

    Funny, terrorists suing governments and its heads. Expect Bin Laden's wife to sue Obama.

    Vicks Saturday, 15 September 2012 03:54 AM

    Huh! Libya had a head of state... Egypt had a head of state... Syria still has one... Happy to let them run the way they want/ed????

    Bandu Saturday, 15 September 2012 04:52 AM

    I don't know why murderer and rapists are not yet come to street to protest against Gvmt as their survival in danger because of this government. I have never seen any better government since 1978 the year I can remember. Are there any one that can say there is equal treatment even for all family members? are there anyone writing these comments can claim that he/she is 100% perfect and protect others' right? Funny. Nothing is perfect on this earth. I never voted but majority is voting to this government. So accept the truth.

    hashhhsl Saturday, 15 September 2012 05:03 AM

    This is not something new. They know it very well that such case will not be heard in USA. But everytime MR goes there they want to do it cos they want to get that international attention to discredit the goverment for defeating terrorism.


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