Ali Samatar's Case....Former Somali Prime Minister in US Court

ALEXANDRIA, Va. — A judge ruled Friday (April 1, 2011) that a former Somali prime

minister who has been living quietly in the U.S. for the last 14 years
can be questioned under oath in a federal lawsuit alleging he oversaw
war crimes and other abuses against his own people more than a quarter
century ago.
 
U.S. District Judge Leonie Brinkema denied a motion to dismiss the
suit against Mohamed Ali Samantar, who was Somalia's defense minister,
and later prime minister, in the 1980s under the regime of dictator
Siad Barre.
 
The suit against Samantar, who now lives in Fairfax, was first filed
in 2004, alleging that he oversaw abuses committed as part of the
government's campaign of repression against the Isaaq clan in the
northern part of the country.
 
The case has languished in the courts for nearly seven years. Brinkema
dismissed the case in 2007, ruling that Samantar was entitled to
immunity. But the U.S.
Supreme Court reinstated the case. And earlier this year the State
Department, in a rare move, recommended to the judge that Samantar
should not receive
immunity, in large part because there is no longer a recognized
central government in Somalia that can request immunity on Samantar's
behalf.
 
Following Brinkema's ruling on Friday allowing the case to proceed,
Samantar's accusers will for the first time be able to question him in
a deposition about alleged abuses, including killings and torture,
against the Isaaq clan.
 
"This is a great day for justice," said Natasha Fain, a lawyer with
the San Francisco-based Center for Justice and Accountability, which
is representing the
plaintiffs. "For all this time the defendant has been saying he
shouldn't even have to answer his accusers in court."
 
One of the plaintiffs, Aziz M. Deria of Bellevue, Wash., who alleges
that his father and other family members were killed by forces under
Samantar's direction, flew across the country to attend Friday's
hearing. He has traveled to Somalia several times to document abuses
that occurred there.
 
"I really want this guy to answer our questions," said Deria, who
acknowledged that efforts to hold Samantar accountable for his actions
are not universally well received among the Somali community. "Back
home, authority figures are considered above the law."
 
Joseph Peter Drennan, Samantar's lawyer, argued Friday that the case
should be tossed out for several reasons, including an expiration of
the statute of limitations. He also said the courts should not wade
into what he argues is essentially a political dispute.
 
Samantar has denied any wrongdoing and did not attend Friday's
hearing, though many of his family members did.

Sources: The Associated Press

 

For complete case history click the link below:

http://www.cja.org/article.php?list=type&type=85
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