Torture: Torture Victim Protection Act of 1991
(TVPA), which authorizes a cause of action against “an individual” for acts of
torture and extrajudicial killing committed under authority or color of law of
any foreign nation. 106 Stat. 73, note following 28 U. S. C. §1350; as used in
the TVPA, the term “individual” encompasses only natural persons. Consequently,
the Act does not impose liability against organizations; before a word will be
assumed to have a meaning broader than or different from its ordinary meaning,
Congress must give some indication that it intended such a result. There are
no such indications in the TVPA; the Act’s liability provision uses the word
“individual” five times in the same sentence: once to refer to the perpetrator
and four times to refer to the victim. See TVPA §2(a). Since only a natural
person can be a victim of torture or extrajudicial killing, it is difficult to
conclude that Congress used “individual” four times in the same sentence to
refer to a natural person and once to refer to a natural person and any nonsovereign organization; finally,
although petitioners rightly note that the TVPA contemplates liability against
officers who do not personally execute the torture or extrajudicial killing, it
does not follow that the Act embraces liability against nonsovereign
organizations; petitioners also contend that legislative history supports their
broad reading of “individual,” but “reliance on legislative history is
unnecessary in light of the statute’s unambiguous language.” Milavetz, Gallop & Milavetz, P. A. v.
United States, 559 U. S. ___,
___. In any event, the history supports this Court’s interpretation (U.S.S.Ct.,
18.04.12, Mohamad v. Palestinian Authority, J. Sotomayor).
Wednesday, April 18, 2012
Mohamad v. Palestinian Authority
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