Second Circuit en banc affirms dismissal of complaint by dual citizen of Syria and Canada under Torture victims Protection Act
This principle, known as "command responsibility" forms a linchpin of cases brought under the Torture Victims Protection Act
. The trio of lawyers for the alleged torture victims must show that Garcia and Vides had effective control over troops and nonmilitary personnel and thus could have stopped the abuses that left 75,000 dead--most of them unarmed civilians, according to the U.N.
The parties dispute whether there is subject matter jurisdiction over the claims pursuant to the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act
The generals, living in retirement in South Florida, were tried under the Torture Victims Protection Act
, a 1991 federal statute.
Plaintiffs allege that Defendant is liable pursuant to the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act
(TVPA), 28 U.S.C.