249 F. Supp. 3d 186
D.D.C.2017Background
- Plaintiffs sue Syria and related officials under the FSIA terrorism exception for deaths of Foley, Maupin, and Menchaca.
- Defendants largely default; liability hearing held November 16–17, 2016, on Defendants’ liability only, damages referred to a Special Master.
- Court judicially notices findings from Thuneibat v. Syrian Arab Republic and Gates v. Syrian Arab Republic while making independent findings here.
- Court concludes Syria provided material support to the Zarqawi Terrorist Organization during 2002–2006, including safe haven, movement of fighters, and direct ties to officials.
- Court finds the Zarqawi organization, enabled by Syria, caused the extrajudicial killings and tortures of Foley, Maupin, and Menchaca.
- Damages are to be administered by a Special Master appointed under 28 U.S.C. § 1605A(e).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction under FSIA terrorism exception | FSIA bars immunity for acts of extrajudicial killing and torture by an official using material support. | Syria challenges sufficiency of evidence and applicability of the exception. | Court has subject matter jurisdiction under FSIA terrorism exception. |
| Causation linking Syria’s material support to deaths and torture | Material support proximately caused Foley, Maupin, Menchaca deaths and torture. | linkage between support and deaths is not shown or too attenuated. | Proximate causation satisfied; deaths and torture caused by Syria’s material support. |
| Personal jurisdiction over Syria and officials | FSIA service under § 1608 confers personal jurisdiction for claims against a foreign state. | Not separately appearing; challenges to process validity. | Court has personal jurisdiction over all Defendants. |
| Applicability of TVPA definitions for extrajudicial killing and torture | Foley, Maupin, Menchaca were extrajudicially killed and tortured per TVPA definitions. | TVPA definitions should be narrowly construed. | TVPA definitions satisfied; acts meet extrajudicial killing and torture standards. |
| Damages proceeding and appointment of Special Master | Damages should be adjudicated by a Special Master under § 1605A(e). | Not applicable since no appearance; damages process may be unnecessary. | Special Master appointed to administer damages. |
Key Cases Cited
- Thuneibat v. Syrian Arab Republic, 167 F. Supp. 3d 22 (D.D.C. 2016) (found Syria provided material support to Zarqawi and AQI)
- Gates v. Syrian Arab Republic, 580 F. Supp. 2d 53 (D.D.C. 2008) (found Syria supported Zarqawi and his network)
- Han Kim v. Democratic People’s Republic of Korea, 774 F.3d 1044 (D.C. Cir. 2014) (admissible record evidence supports TVPA claims where direct proof is lacking)
- Roeder v. Islamic Republic of Iran, 333 F.3d 228 (D.C. Cir. 2003) (FSIA evidence sufficiency principles for terrorism claims)
- Kilburn v. Socialist People’s Libyan Arab Jamahiriya, 376 F.3d 1123 (D.C. Cir. 2004) (FSIA causation principles for material support and terrorism)
- Owens v. Republic of Sudan, 826 F. Supp. 2d 128 (D.D.C. 2011) (proximate causation and material support requirements under FSIA)
- Rimkus v. Islamic Republic of Iran, 750 F. Supp. 2d 163 (D.D.C. 2010) (related to reliance on evidence from related proceedings)