US files suggestion of immunity report in War Crimes case against President Rajapakse

BREAKING NEWS:The United States today (January 13) filed a Suggestion of Immunity in the War Crimes case against Sri Lanka’s

President Mahinda Rajapaksa.

The US said in a status report filed today it recognized the immunity of President Mahinda Rajapaksa, who is the President and sitting head of state of the Democratic Socialist Republic of Sri Lanka.

Determination final

The report also stated that the United States believes that its determination regarding President Rajapaksa’s immunity is dispositive of this matter and therefore it will not address either the political question doctrine or the Act of State doctrine at this time.

“Allows the immunity”

The documents were filed in court following a letter to Tony West Assistant Attorney General from the legal Adviser of the U.S. Department of State Harold Hongju Koh.

The letter informed the Department of Justice that the “Department of State recognizes and allows the immunity of President Rajapaksa as a sitting head of state from the jurisdiction of the United States District Court in this suit.”

Plaintiffs in this case Kasippillai Manoharan et al; have sought judgment under the Torture Victim Protection Act against President Rajapaksa for, inter alia, alleged command responsibility for extrajudicial killings of certain Sri Lankan nationals.

President Rajapakse’s motion

Earlier on December 16, 2011, President Rajapakse filed a motion through his lawyers Patton Boggs, to solicit the views of the United States regarding the Defendant’s entitlement to head of state immunity, the justiciability of the claims under the political question doctrine, and the applicability of the Act of State doctrine

Kotelly orders

District of Columbia District judge Colleen Kollar Kotelly on December 30 last year issued order pursuant to the motion that the United States should indicate by January 13, 2012 whether or not it intends to file a Statement of Interest regarding issues identified in President Rajapakse’s motion, and if so, a date by which the State of Interest would be filed.

US has an interest in the action

In support of its interest and suggestion of immunity the United States of America also stated that it has an interest in this action because the sole Defendant, President Rajapaksa, is the sitting head of state of a foreign state, thus raising the question of President Rajapaksa’s immunity from the Court’s jurisdiction while in office.

US President’s exclusive responsibility 

The suggestion of immunity also states that the Constitution assigns to the U.S. President alone the responsibility to represent the Nation in its foreign relations and that as an incident of that power, the Executive Branch has sole authority to determine the immunity from suit of sitting heads of state.

US interest arises from foreign policy issues

The document also states that the interest of the United States in this

matter arises from a determination by the Executive Branch of the Government of the United States, in consideration of the relevant principles of customary international law, and in the implementation of its foreign policy and in the conduct of its international relations, to recognize President Rajapaksa’s immunity from this suit while in office.

Decision of the United States not subject ot judicial review

The six page suggestion of immunity document further states that the determination to grant immunity is controlling and is not subject to judicial review.

A spokesperson for the Plaintiffs’ lawyer Bruce Fein told Lanka Standard that he has filed motion on behalf of the Plaintiffs asking for 45 days to respond to the the suggestion of immunity.

The Plaintiffs in this DC civil suit are seeking damages in excess of $30 million against President Rajapaksa for actions allegedly occurring under his command responsibility as Head of State and Commander-in-Chief of the Armed Forces.

The complaint alleges that President Rajapakse held command responsibility for the extrajudicial killings of Ragihar Manoharan, the son of Plaintiff Dr. Kasippillai Manoharan, Premas Anandarajah, a humanitarian aid worker for Action Against Hunger, and first husband of Plaintiff Kalaiselvi Lavan, and four members of the Tevarajah family, all relatives of Plaintiff Jeyakumar Aiyathurai.

See also  http://www.lankastandard.com/wp-admin/post.php?post=5419&action=edit

1 Comment to “US files suggestion of immunity report in War Crimes case against President Rajapakse”

• raymond
  January 14, 2012 at 8:22 pm

  “I told you so, and now I will pardon General Sarath Fonseka without any conditions…”