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Filartiga v. Pena-Irala

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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International Law Keyed to Damrosche

Citation. Filartiga v. Pena-Irala, 630 F.2d 876, 1980 U.S. App. LEXIS 16111 (2d Cir. N.Y. June 30, 1980)

Brief Fact Summary. A suit against Pena-Irala (D) on the premise that he had tortured to death the decedent of Filartiga (P), was filed by Filartiga (P).

Synopsis of Rule of Law. For purpose of the Allen Tort Statute, torture may be considered to violate law of nations.

Facts. A suit claiming that Pena-Irala (D) had tortured Filartiga’s (P) decedent to death while he was a police Inspector General, was brought by Filartiga (P). All parties were Paraguayan citizens. Jurisdiction was based on the Allen Tort Statute, 28 U.S.C. S 1350, which provided jurisdiction for tort committed in violation of “the law of nations.” The case was dismissed by the district court for lack of jurisdiction to which Filartiga (P) appealed.

Issue. For purpose of the Allen Tort Statute, may torture be considered as a violation of the law of nations?

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