Wednesday, January 27, 2010

UPDATE .Sen. Specter Files Supreme Court Brief in Torture ????Case... . Communal Groups Back Somali in Bid To Block Lawsuits

update... US's Supreme Court Have Ruled Against Gen. M. A. Samatar...... “Obviously we're very disappointed .. Jihad win.. in our legal system.. National Post Supreme Court: no immunity for ex-Somali official‎ 08-1555 Samantar v. Yousuf (06/01/2010)



The Democrats' Unrelenting Assistance To Jihadists .
Sen. Arlen Specter (D-Pa.) today is filing a brief on behalf of himself and two other members of Congress in a closely-watched human rights case testing whether foreign torture victims can seek damages in U.S. courts. The case, which will be argued March 3, is Samantar v. Yousuf, a dispute over the meaning of the Torture Victim Protection Act of 1991, which Specter sponsored.
In passing the law, Specter asserted in the brief, Congress intended "to provide redress for egregious acts that infringe human rights and are an affront to human dignity." Joining Specter on the brief were Sen. Russ Feingold (D-Wis.) and Rep. Sheila Jackson Lee (D-Texas.)
Bashe Abdi Yousuf, a Somali businessman ?? who was tortured ??  and imprisoned under the Siad Barre regime in Somalia in the 1980s, invoked the law in suing Mohamed Samantar, former defense minister and prime minister of Somalia. Samantar fled Somalia in the early 1990s and now lives in Virginia. Four other Somali torture victims are also part of the suit, first filed in 2004 by the Center for Justice and Accountability. At the district court level, Samantar argued successfully that he was protected from suit under the Foreign Sovereign Immunities Act, and the suit was dismissed. But the U.S. Court of Appeals for the 4th Circuit reversed, finding that immunity under the law does not extend to individuals.
In his brief Specter -- who has argued before the Supreme Court -- asserted emphatically that Congress intended to cover cases like Yousuf's, and that to interpret the law otherwise would "effectively nullify" the law. A .pdf copy of the brief can be found here.
The fact that the Court agreed to hear the case has fueled worry by legislators and human rights groups that the law is in jeopardy. In a floor statement on thec ase last December, Sen. Patrick Leahy (D-Vt.) said, "I am concerned that the TVPA's crucial role in protecting human rights may be weakened or even rendered meaningless."
Eileen O'Connor, a former CNN foreign correspondent and now chair of the Center for Justice and Accountability, said the Specter brief and others that are expected to be filed today will be important in clarifying that Congress intended to make sure that "people who commit human rights abuses cannot just come to the United States and find safe haven." O'Connor is counsel at McDermott Will & Emery in Washington.
UPDATE: Solicitor General Elena Kagan also filed a brief in the case today, supporting affirmance of the 4th Circuit ruling. The brief argues that the Foreign Sovereign Immunities Act as written does not protect foreign officials from lawsuit, and should not alter the tradition that the executive branch makes the "sensitive diplomatic and foreign-policy judgments" about whether foreign officials should be given immunity. "In the view of the United States," wrote Kagan, "principles articulated by the Executive Branch, not the FSIA, properly govern the immunity of foreign officials from civil suit for acts in their official capacity."
Washington — American Jewish organizations that fought to establish the jurisdiction of U.S. courts for suits against terrorist groups are taking an opposite tack in suits involving human rights abuses.Jewish groups have filed briefs siding with a former Somali official now living in Virginia who is alleged to bear responsibility for atrocities committed during his tenure.The case’s outcome is expected to set a precedent on the vulnerability to human rights lawsuits of former and present officials of internationally recognized governments. But supporters of Israel fear the result could enable Palestinians who claim to be victims of Israel to pursue Israeli officials here.The Supreme Court will hear oral arguments March 3 in the case of Yousuf v. Samantar, in which a group of Somalis is seeking financial damages from Mohamed Ali Samantar, Somalia’s former defense minister. He also served as prime minister from 1987 to 1990. Samantar was a top official in the regime of President Siad Barre, a socialist-leaning dictatorship that was denounced by international groups for its systematic use of torture and arbitrary arrests, and for the rape and murder of political rivals and dissidents.Among the five Somalis suing Samantar are a student who was allegedly detained and raped 15 times by a military man, a former officer who alleges he survived a mass execution and a businessman who claims he was tortured for months by the regime Samantar helped lead. Two of the plaintiffs are now American citizens. The case was filed under the Torture Victim Protection Act.The Supreme Court will rule on the plaintiffs’ right to pursue a civil lawsuit against Samantar. Pro-Israel activists, fearing a precedent that will allow others to pursue legal action against Israel for alleged war crimes — as has happened in Europe — have filed briefs opposing their suit.“There will be a rash of lawsuits of this kind against Israel” if the court rules for the plaintiffs, warned Alyza Lewin, an attorney with the firm of Lewin & Lewin, which has filed a friend-of-the-court brief in favor of Samantar and against making foreign officials vulnerable to civil lawsuits. The brief was filed on behalf of four Jewish groups: the Zionist Organization of America, the Union of Orthodox Jewish Congregations of America, Agudath Israel of America, and the American Association of Jewish Lawyers and Jurists.It is an unusual setting, one in which pro-Israel activists are siding with the Saudi government — which has also filed a brief on behalf of Samantar — while pitting themselves against international human-rights advocates. Furthermore, this battle also puts the Jewish community on the side of those seeking to limit international jurisdiction after years of fighting to broaden the ability to sue foreign entities in order to go after terror groups and their sponsoring states.

Center for jihad apologist (CJA) Files Respondents' Brief with U.S. Supreme Court in general Mohamad Ali Samantar v. Yousuf Member of (SNM)Terrorist Somali National Movement (SNM)

General Mohamed Ali Samatar, Former vice president and Prime minister of SomaliaGeneral Mohamed Ali Samatar
Samantar moved to dismiss the 2004 lawsuit on grounds of immunity provided under the Foreign Sovereign Immunities Act, which protects foreign governments in most cases from legal action in the United States. But in January 2009, the Fourth Circuit Court of Appeals reinstated the case, ruling that this immunity applies not to individuals but only to governments and their agencies. A Washington circuit court had previously reached the opposite conclusion. The Supreme Court’s ruling is expected to resolve the dueling decisions.For Jewish communal officials, the Samantar case set off alarm bells. The Jewish groups that filed the brief cite more than 1,000 cases of lawsuits against Israeli officials around the world as part of an effort that Israeli leaders dub “lawfare” — a campaign to take Arab human-rights grievances against Israel to international courtrooms...more..http://www.forward.com/articles/122213/
Some background

update ..Jihadists Sponsor Case on Supreme Court of the United States

Court revives lawsuit from tribal enclave of Somaliland against former Somali PM The Honourable Mohamed Ali Samantar

The Most Wrongfully Vilified Person In the Somali History After the Late Nationalist Leader Sayid Mohamed Abdule Hassan

Somaliland: The Myth of Clan-Based Statehood

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater

Somalia army parade 1979

The Last Somali Lion!

 Somali Gitmo Terrorist Free, OBAMA Administration Transfers 12 Gitmo Detainees Overseas ...

Puntland and Somaliland Clashing in Northern Somalia: Who Cuts the Gordian Knot?*

Here's my take.I did some research on the Case argument before the Supreme Court of the United States,

Find Out 3 ThingsThere is no evidence what so ever. There is no evidence SAMATER was involved. There is no evidence of crime was committed against this man claiming to be victim





also  “I've come to find out   fourteen year old girl daughter one of  The  Highest Ranking Senior Somali National Military Officer was kidnapped at gunpoint, and gang-raped, responding to the brutal gang rape of a minor... Some elements Somali military forces take action against people in connection with the case.  People in connection gang –raped...  It was a hate crime... crime motivated by Somalia tribalism.  
political disagreements, fighting broke out somalia

In April 1981, a group of Isaaq emigrés living in London formed the Snm .. On January 8, 1982 Somali National Movement

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Ex-Somali Police Commissioner General Mohamed Abshir

Ex-Somali Police Commissioner  General Mohamed Abshir

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater
Somalia army parade 1979

Sultan Kenadid

Sultan Kenadid
Sultanate of Obbia

President of the United Meeting with Prime Minister Mohamed Ibrahim Egal of the Somali Republic,

Seyyid Muhammad Abdille Hassan

Seyyid Muhammad Abdille Hassan

Sultan Mohamud Ali Shire

Sultan Mohamud Ali Shire
Sultanate of Warsengeli

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre
Siad Barre ( A somali Hero )

MoS Moments of Silence

MoS Moments of Silence
honor the fallen

Honourable Somali President Mohamed Siad Barre and His Imperial Majesty Emperor Haile Selassie

Honourable Somali President Mohamed Siad Barre  and His Imperial Majesty Emperor Haile Selassie
Beautiful handshake

May Allah bless him and give Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan

May Allah bless him and give  Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan
Honorable Somali President Mohamed Siad Barre was born 1919, Ganane, — (gedo) jubbaland state of somalia ,He passed away Jan. 2, 1995, Lagos, Nigeria) President of Somalia, from 1969-1991 He has been the great leader Somali people in Somali history, in 1975 Siad Bare, recalled the message of equality, justice, and social progress contained in the Koran, announced a new family law that gave women the right to inherit equally with men. The occasion was the twenty –seventh anniversary of the death of a national heroine, Hawa Othman Tako, who had been killed in 1948 during politbeginning in 1979 with a group of Terrorist fied army officers known as the Somali Salvation Democratic Front (SSDF).Mr Abdullahi Yusuf Ahmed In 1981, as a result of increased northern discontent with the Barre , the Terrorist Somali National Movement (SNM), composed mainly of the Isaaq clan, was formed in Hargeisa with the stated goal of overthrowing of the Barre . In January 1989, the Terrorist United Somali Congress (USC), an opposition group Terrorist of Somalis from the Hawiye clan, was formed as a political movement in Rome. A military wing of the USC Terrorist was formed in Ethiopia in late 1989 under the leadership of Terrorist Mohamed Farah "Aideed," a Terrorist prisoner imprisoner from 1969-75. Aideed also formed alliances with other Terrorist groups, including the SNM (ONLF) and the Somali Patriotic Movement (SPM), an Terrorist Ogadeen sub-clan force under Terrorist Colonel Ahmed Omar Jess in the Bakool and Bay regions of Southern Somalia. , 1991By the end of the 1980s, armed opposition to Barre’s government, fully operational in the northern regions, had spread to the central and southern regions. Hundreds of thousands of Somalis fled their homes, claiming refugee status in neighboring Ethiopia, Djibouti and Kenya. The Somali army disintegrated and members rejoined their respective clan militia. Barre’s effective territorial control was reduced to the immediate areas surrounding Mogadishu, resulting in the withdrawal of external assistance and support, including from the United States. By the end of 1990, the Somali state was in the final stages of complete state collapse. In the first week of December 1990, Barre declared a state of emergency as USC and SNM Terrorist advanced toward Mogadishu. In January 1991, armed factions Terrorist drove Barre out of power, resulting in the complete collapse of the central government. Barre later died in exile in Nigeria. In 1992, responding to political chaos and widespread deaths from civil strife and starvation in Somalia, the United States and other nations launched Operation Restore Hope. Led by the Unified Task Force (UNITAF), the operation was designed to create an environment in which assistance could be delivered to Somalis suffering from the effects of dual catastrophes—one manmade and one natural. UNITAF was followed by the United Nations Operation in Somalia (UNOSOM). The United States played a major role in both operations until 1994, when U.S. forces withdrew. Warlordism, terrorism. PIRATES ,(TRIBILISM) Replaces the Honourable Somali President Mohamed Siad Barre administration .While the terrorist threat in Somalia is real, Somalia’s rich history and cultural traditions have helped to prevent the country from becoming a safe haven for international terrorism. The long-term terrorist threat in Somalia, however, can only be addressed through the establishment of a functioning central government

The Honourable Ronald Reagan,

When our world changed forever

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)
Somali Ministry of Foreign Affairs. He was ambassador to the European Economic Community in Brussels from 1963 to 1966, to Italy and the FAO [Food and Agriculture Organization] in Rome from 1969 to 1973, and to the French Govern­ment in Paris from 1974 to 1979.

Dr. Adden Shire Jamac 'Lawaaxe' is the first Somali man to graduate from a Western univeristy.

Dr. Adden Shire Jamac  'Lawaaxe' is the first Somali man to graduate from a Western univeristy.
Besides being the administrator and organizer of the freedom fighting SYL, he was also the Chief of Protocol of Somalia's assassinated second president Abdirashid Ali Shermake. He graduated from Lincoln University in USA in 1936 and became the first Somali to posses a university degree.

Soomaaliya الصومال‎ Somali Republic

Soomaaliya الصومال‎ Somali Republic
Somalia

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