Alien Tort Claims Act

• Author: International Law Group, PLLC
• Pages: 192-193

Page 192

This lawsuit alleges that executives of Drummond, Ltd., (Defendant) the Colombian subsidiary of an Alabama coal mining company, instigated paramilitary operatives to torture and kill members of a trade union. The Colombian workers union SINTRAMIENERGETICA and several affiliated persons (Plaintiffs) sued Drummond and related parties under the Alien Tort Claims Act. 28 U.S.C. § 1350 (ATCA), and the Torture Victims Protection Act of 1991, 106 Stat. 73, codified at 28 U.S.C. 1350, note (TVPA). In particular, Plaintiff claimed that the President of Defendant, Augusto Jimenez, hired paramilitary forces to torture specific union leaders, in violation of Colombian law, Alabama law, and the TVPA.

The ATCA grants federal courts jurisdiction over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." 28 U.S.C. § 1350. The TVPA establishes a separate cause of action for victims of torture and extrajudicial killings. 28 U.S.C. § 1350, note Section 2(a).

Eventually, a jury found for Defendant. This appeal ensued, with the Plaintiffs challenging partial summary judgment, as well as discovery and evidentiary rulings. Defendant challenges the subject-matter jurisdiction of the district court. The U.S. Court of Appeals for the Eleventh Circuit affirms.

Defendant presents various arguments to challenge the court's jurisdiction: (1) that the TVPA and the ATCA do not permit lawsuits against corporations; (2) that these Acts do not provide for claims of aiding and abetting in prohibited acts; and (3) that the TVPA provides the exclusive cause of action for extrajudicial killings in violation of international law.

The Court disagrees. Issues under the TVPA are not jurisdictional, and precedent contradicts the ATCA arguments. The Court then proceeds to explain the relationship between the two statutes.

"The two related statutes that pertain to this appeal perform complementary but distinct roles. The [ATCA] is jurisdictional and does not create an independent cause of action. See Sosa v. Alvarez-Machain, 542 U.S. 692, 724 (2004). In contrast, the [TVPA] provides a cause of action for torture and extrajudicial killing but does not grant jurisdiction. 28 U.S.C. § 1350, note, § 2(a). Federal courts are empowered to entertain [TVPA] complaints when either the [ATCA] or the [general] federal question statute, 28 U.S.C. § 1331, provides jurisdiction." "This distinction between the [ATCA]...