The Alien Tort Statute of 1789– Political Torture Provides Federal Jurisdiction Under the Statute

Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,\u27 brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga\u27s son, Joelito, in Paraguay in 1976. Although none of the parties were citizens of the United States and the alleged tort occurred in Paraguay, the Filartigas contended that the court\u27s subject matter jurisdiction was properly based upon the Alien Tort Statute. While the Filartiga decision is bound to have broad-ranged consequences, it does not open the floodgates. The court here was faced with a clear mandate from the facts to find jurisdiction under the Alien Tort Statute in face of the Filartigas\u27 claim of state sanctioned torture