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Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Antioch Law Journal
Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …
Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway
Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway
Antioch Law Journal
In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …