Question
You are a human rights advocate at an NGO that provides advocacy support and legal assistance to survivors of torture and human rights abuses. You
You are a human rights advocate at an NGO that provides advocacy support and legal assistance to survivors of torture and human rights abuses.
You have just met with "M.L." who resides in the United States. Just over a year ago, she fled the country of Dystopia, applied for asylum and recently was granted refugee status in the United States. M.L. was granted asylum because she was tortured by Dystopian officials on account of her political opinion, which was very anti-Government. Walking around her neighborhood in Tucson the other day, M.L. saw one of her torturers on the street. She believes his name is D.O.
As a survivor of torture, M.L. wants those who violated her human rights to be held accountable. She asks you to explain to her the options for bringing to justice those who tortured her. In the very least, she wants to pursue criminal and/or civil action against the individual (D.O.) she saw on the street.
1. Can D.O. be criminally prosecuted in a U.S. court for the torture of M.L.? If yes, what statute applies and what is the basis for jurisdiction over D.O.? 2. Can M.L. sue D.O. in a civil lawsuit in a U.S. court for torturing her? If yes, what statute applies? Is there any U.S. case law that might prevent her from bringing a lawsuit? Explain.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started