District Judge Colleen Kollar-Kotelly in Washington ruled Wednesday that while the plaintiffs have "shocking allegations" of abuse, the case cannot go forward under the US Torture Victim Protection Act of 1991.
The judge said her dismissal "is in no way a reflection of the merits of plaintiffs` claims or defendant`s defenses" but based her decision on "two centuries of case law and basic constitutional and statutory principles."
The suit filed on behalf of Sri Lankan families said the president was responsible for torture, extrajudicial killings and other human rights abuses in a crackdown on the separatist Liberation Tigers of Tamil Eelam (LTTE).
"Plaintiffs allege defendant has `virtually unlimited government power in Sri Lanka,` exercise(s) command responsibility over the Sri Lankan armed forces or security services, and `knew or should have known of the extrajudicial killings,`" the judge said.
But she said that based on prior judicial precedent and opinions from the State Department, the case cannot go forward.
"The court finds that the United States` Suggestion of Immunity is binding on the court... The court does not take this step lightly. The plaintiffs` complaint contains shocking allegations of human rights abuses and violations of United States and international law."
But she noted that based on US law and a 200-year-old common law precedent, "it is clear head of state immunity applies to claims brought under the TVPA."
Human rights groups estimate that up to 40,000 civilians perished in the final months of Sri Lanka`s 2009 campaign to crush the Tamil Tigers, who waged a bloody decades-long campaign for a separate homeland for the Tamil minority.
A census report released on Saturday said that nearly 8,000 people died in Sri Lanka`s north during the final offensive, including 550 children under age 10.
The United States has moved to censure Sri Lanka at a meeting this week of the UN Human Rights Council in Geneva, saying that Colombo`s efforts toward reconciliation have been insufficient.
Tens of thousands of supporters of Sri Lanka`s ruling party demonstrated across the country on Monday to denounce Washington`s position. (M014)
Editor: Kunto Wibisono
Copyright © ANTARA 2012
