Filartiga v Pena Irala


This is a 1980 case.

US Federal Courts can try non Americans for tortious acts committed outside the United States

The Filartiga’s son was kidnapped and tortured to death by the head of the Paraguyan police in Paraguya. The family saw the body.

Pena Irala was the police chief.

Filartiga and Pena Irala both came to the US separately.

Pena Irala stayed illegally and was then held in Navy Yard pending deportation

Filartiga filed a wrongful death suit against him. The court ruled it could be heard

A torturer is hostis humani generis. The case could proceed since both parties were in the United States. The plaintiff one and was awarded over $10 m



About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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