Case Digest: Filartiga v. Pena-Irala 630 FJD 876. (1980)

  Public International Law | The Universality Principle

Facts: 

  • Two Paraguayan nationals, father and sister of the victim, alleged a 17-year-old was tortured to death by Pena-Irala, then Inspector-General of Paraguay's police.
  • Jurisdiction based on the Alien Tort Statute (28 U.S.C. & 1350).
Issue:
  • Whether deliberate torture under official authority violates universal rules of international law, irrespective of parties' nationality.
Ruling:
  • The Declaration goes on to provide that “[w]here it is proved that an act of torture or other cruel, inhuman or degrading treatment or punishment has been committed by or at the instigation of a public official, the victim shall be afforded redress and compensation, in accordance with national law.” This Declaration, like the Declaration of Human Rights before it, was adopted without dissent by the General Assembly. These U.N. declarations are significant because they specify with great precision the obligations of member nations under the Charter.
  • Since their adoption, “[m]embers can no longer contend that they do not know what human rights they promised in the Charter to promote.”.... Accordingly, it has been observed that the Universal Declaration of Human Rights “no longer fits into the dichotomy of ‘binding treaty’ against ‘non-binding pronouncement,’ but is rather an authoritative statement of the international community.” 
  • Thus, a Declaration creates an expectation of adherence, and “insofar as the expectation is gradually justified by State practice, a declaration, may by custom become recognized as laying down rules binding upon the States.” Indeed, several commentators have concluded that the Universal Declaration has become, in toto, a part of binding, customary international law. 
  • Turning to the act of torture, we have little difficulty discerning its universal renunciation in the modern usage and practice of nations. The international consensus surrounding torture has found expression in numerous international treaties and accords.... The substance of these international agreements is reflected in modem municipal — i.e., national — law as well. Although torture was once a routine concomitant with criminal interrogations in many nations, during the modem and hopefully more enlightened era it has been universally renounced. According to one survey, torture is prohibited, expressly or implicitly, by the constitutions of over fifty-five nations, including both the United States and Paraguay. Our State Department reports a general recognition of this principle:
    • There now exists an international consensus that recognizes basic human rights and obligations owed by all governments to their citizens. ... There is no doubt that these rights are often violated; but virtually all governments acknowledge their validity.
Conclusion:
  • The Court held that deliberate torture under official authority violates universal international law regardless of nationality.
  • Prohibition of torture has become customary international law, citing the Universal Declaration of Human Rights and the 1975 Declaration on the Protection of all Persons from Torture as evidence.
  • U.N. declarations, adopted by the General Assembly without dissent, specify member nations' obligations under the Charter.
  • These declarations establish clear human rights obligations for member nations.
  • The Universal Declaration of Human Rights is considered part of binding customary international law, creating an expectation of adherence.
  • The act of torture has been universally renounced in modern practice and international agreements, reflected in over 55 national constitutions, including the United States and Paraguay.
  • Virtually all governments acknowledge the validity of basic human rights, despite frequent violations.

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