363 F. Supp. 3d 141
D.C. Cir.2019Background
- Syrian government, via the Central Crisis Management Cell (CCMC) and local Homs Military Security Committee (HMSC), coordinated military and intelligence efforts to suppress dissent; Baba Amr in Homs housed an independent media center that broadcasted reports internationally.
- Syrian forces surveilled and tracked satellite-phone signals and informants identified the Baba Amr Media Center's location after journalists (including U.S. national Marie Colvin) made live broadcasts.
- On February 22, 2012, Syrian artillery carried out a concentrated/bracketing strike on the Baba Amr Media Center that killed Marie Colvin and French photographer Rémi Ochlik and injured others; witnesses described targeted, sustained shelling.
- Evidence (defector declarations, reporters on scene, expert reports) showed planning and celebration by Syrian officials after the strike; Maher al‑Assad and Major General Shahadah were tied to the operation.
- Plaintiffs sued the Syrian Arab Republic under the Foreign Sovereign Immunities Act (FSIA) terrorism exception; Syria did not appear, default was entered, and plaintiffs moved for default judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject‑matter jurisdiction under FSIA terrorism exception | Syria planned and executed an extrajudicial killing of a U.S. national (Colvin) so FSIA §1605A applies | Syria did not contest (default) | Court found plaintiffs met §1605A elements; Syria not immune |
| Personal jurisdiction / service under FSIA §1608 | Service via diplomatic channels (Clerk → State Dept → Czech Embassy → Syrian MFA) satisfied §1608(a)(4) | Syria did not appear to contest service | Service complied with §1608(a)(4); court has personal jurisdiction |
| Liability for extrajudicial killing | Coordinated surveillance, informant tip, interception of broadcasts, timing and artillery bracketing show a deliberated, intentional killing attributable to Syria | No defense presented (default) | Court concluded evidence was satisfactory to show an extrajudicial killing by Syrian officials |
| Damages (economic, solatium, punitive) | Seek economic loss, solatium for sister, and punitive damages for targeted murder of a journalist | No defense presented; court must assess reasonable estimates and precedent | Court awarded funeral expenses $11,836; solatium to sister $2,500,000; punitive damages $300,000,000; economic lost‑income award deferred pending adjustment for decedent's personal consumption costs |
Key Cases Cited
- Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428 (Supreme Court) (FSIA is sole basis for jurisdiction over foreign states)
- Saudi Arabia v. Nelson, 507 U.S. 349 (Supreme Court) (foreign state presumptively immune absent statutory exception)
- Kilburn v. Socialist People's Libyan Arab Jamahiriya, 376 F.3d 1123 (D.C. Cir.) (proximate‑cause standard for FSIA causation)
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (Supreme Court) (proximate cause principles)
- Han Kim v. Democratic People's Republic of Korea, 774 F.3d 1044 (D.C. Cir.) (default judgment under FSIA requires evidence satisfactory to the court)
- Exxon Shipping Co. v. Baker, 554 U.S. 471 (Supreme Court) (principle that punitive awards should be reasonably predictable in severity)