Guatemalan Satisfaction May Not Come Through The Courts

In light of the 2010 disclosure of extensive exposure of Guatemalans to sexually transmitted diseases without their consent, the United States apologized, asked its Bioethics Commission to examine the matter, and waited for the days in court.  They started in 2011, with a class action lawsuit filed in federal court.  The latest step took place late last week, when a judge dismissed the lawsuit (H/T Nature News).

The ruling addresses many legal issues, but for our purposes, two of them are the most relevant.  First is whether or not the current officeholders named as defendants in the suit can be held individually actionable for the actions of their predecessors.  The court ruled that in these circumstances, the United States would be substituted as defendant in the case, which to my non-legal mind makes sense.

The other issue is the immunity invoked by the United States as grounds for dismissal of the lawsuit.  (Remember, folks, I am not a lawyer.)  The relevant law that permits the suit for human rights violations abroad is the Alien Tort Statute (aka Alien Tort Claims Act).  However, the Federal Tort Claims Act is relevant as the suit is against those conducting their official duties as agents of the U.S. government.  There is a foreign country exception, which means that since the acts at issue here took place outside the United States, the government can assert its sovereign immunity from prosecution.  This following quote from the judge suggests he considers his hands tied.

“this court is powerless to provide any redress to plaintiffs.  Their pleas are more appropriately directed to the political branches of our government”

The judge also notes that the government has represented to the court that it is committed to redressing this wrong.

Note I said at the beginning that this was the latest step in the courts.  The attorney for the plaintiffs has indicated his clients will appeal the ruling.  Perhaps that might change once the government does come through with some redress that plaintiffs would find appropriate.  Until then, however, they will try to press their case in the courts.