Full Text of Complaint Against Hun Sen in the US

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK


RON ABNEY,...........................)
..609 2nd Street.....................)
..Cochran, Georgia 31014.............)
SAM RAINSY,..........................) Civil Action No.:
..71 Sothearos Boulevard, Phnom Penh.)
..CAMBODIA, or 11 rue Tiphaine.......)
..Paris, FRANCE 75015................)
CHAN THOU LAY........................)
..11, rue Gustave Charpentier........)
..56100 Lorient, FRANCE..............)
HEUN HUON............................)
..25, Boulevard Camilles Saint Saens.)
..77185 Longnes, FRANCE..............)
and..................................)
ADDITIONAL PRESENTLY.........) COMPLAINT FOR TORT DAMAGES
UNNAMED AND TO BE............) RESULTING FROM TORTURE,
AND IDENTIFIED INDIVIDUALS...) OTHER MAJOR HUMAN RIGHTS
.............................) ABUSES IN VIOLATION OF
Plaintiffs,..................) UNITED STATES AND
.............................) INTERNATIONAL LAW
v. ..........................)
.............................)
HUN SEN,.....................) JURY TRIAL DEMANDED
and .........................)
PRESENTLY UNNAMED AND TO BE .)
IDENTIFIED MEMBERS OF .......)
SEN’S BODYGUARD CORPS .......)
.............................)
Defendants. .................)
_____________________________)

COMPLAINT

Plaintiffs Ronald Abney, Sam Rainsy, Chan Thou Lay, Huen Huon and others as indicated above (hereinafter collectively referred to as “Plaintiffs”) allege as follows:
1. This is a civil action for compensatory, punitive and exemplary damages, and for other relief, including a declaratory judgment, for torts committed in violation of international and domestic law, specifically for abuses that constitute torture within the meaning of the Convention Against Torture and U.S. legislation and administrative regulations implementing that treaty, as well as the special statute (the Torture Victims Protection Act) authorizing the filing in U.S. courts of tort damage claims against torturers for acts of torture committed abroad. Plaintiffs in this action are citizens of either the United States (Ron Abney) or Cambodia (Sam Rainsy and the other Plaintiffs) who were subjected to torture, extra-judicial execution, and attempted extra-judicial execution as a result of unauthorized and unlawful actions taken under color of law by the Defendant, Hun Sen and the other Defendants, including a grenade assault against the Plaintiffs and other peaceful political demonstrators orchestrated and supervised by Defendant Hun Sen on March 30, 1997 in a park opposite the National Assembly Building in Phnom Penh, Cambodia that was carried out with the involvement, approval and support of the Unnamed Defendants who were members of Hun Sen’s Bodyguard Corps at that time. Between 16 and 20 people attending the demonstration were killed as a result of that grenade assault, and 150 were wounded, including many of the Plaintiffs.
2. The United States Federal Bureau of Investigation and the Senate Foreign Relations Committee of the U.S. Congress investigated these events, in part because one of the victims injured in the attack, Plaintiff Ronald Abney, is a U.S. citizen who at the time of these events was on a U.S. government sponsored democracy support mission to Cambodia. These FBI and Congressional investigations confirmed Defendant Hun Sen’s and his Bodyguard Corps’ responsibility for, and involvement in, the attack. Moreover, the March 30, 1997 attack was part of a larger, ongoing effort to repress and punish political opposition that Defendant Hun Sen has been engaged in for a number of years prior and subsequent to that date, and that continue to the present day, involving a consistent and ongoing pattern and practice of major human rights abuses, including torture and genocide. In furtherance of the FBI investigation and report confirming Hun Sen’s involvement and direction of the March 30, 1997 attack, both the Senate (in January, 1999) and House of Representatives (on October 2, 1998) of the U.S. Congress have passed resolutions condemning Hun Sen’s major abuses of human rights, and calling for judicial proceedings to be initiated against him for violations of human rights, including genocide, dating back to 1979.
3. Plaintiffs allege and can prove, using in part the Federal Bureau of Investigation report and findings and related Congressional documentation, that Defendant Hun Sen, acting under color of law, though outside of his official mandate and lawful authority, exercised command responsibility over, conspired with, aided and abetted, and supervised the actions of subordinates in his Bodyguard Corps directly under his authority and control who arranged for, carried out, and/or permitted the carrying out of the acts of extrajudicial execution, attempted extrajudicial execution and torture that form the basis for this complaint. Defendant You Hockry conspired with the other Defendants in carrying out and covering up these abuses and violations of international law. Accordingly, pursuant to specific statutory provisions adopted by Congress with these types of abuses specifically in mind, notably the Torture Victims Protection Act (Public Law Number 102-256, 106 Stat. 73 (1992) codified as 28 U.S.C. section 1350), the Alien Tort Claims Act (28 U.S.C. section 1350), and the statutes implementing the absolute prohibition against acts of torture contained in the Convention Against Torture, Defendant Hun Sen, Defendant You Hockry and Unnamed Members of his Bodyguard Corps are liable under both international and domestic law for the injuries, pain and suffering and other damages experienced by the Plaintiffs.

JURISDICTION
4. Defendants are liable for acts of torture, extrajudicial execution and attempted extrajudicial execution committed against the Plaintiffs as defined by customary international law, numerous international treaties and U.S. statutes such as the Torture Victims Protection Act. Accordingly, this court has jurisdiction over this action based on the Alien Tort Claims Act and the Torture Victims Protection Act, 28 U.S.C. section 1350 and 28 U.S.C. section 1331, and pursuant to interpretations given to the jurisdictional provisions of these statutes by the United States Supreme Court in the recently decided case of Sosa v. Alvarez-Machain (542 U.S. 692, 124 S.Ct. 2739, June 29, 2004), confirming the availability of ATCA and TVPA causes of action in U.S. courts, especially where torture or violations of other universally recognized international human rights standards have taken place. Plaintiffs further allege that Defendant Hun Sen is liable for numerous acts of torture, genocide, extrajudicial executions and attempted extrajudicial executions, and arbitrary arrests and detentions, that took place on a consistent and ongoing basis during the period from the late 1970s, when he was a military officer during the campaign of genocide carried out by the Pol Pot Khmer Rouge regime, through and including the present day, under the Alien Tort Claims Act and the Torture Victims Protection Act as cited above.
5. Venue is proper in the United States District Court for the Southern District of New York pursuant to 28 U.S.C. section 1391(d) and/or (b), and is the jurisdiction where the Defendant will be personally served with process.

PARTIES
Defendants
6. Defendant Hun Sen is a citizen of Cambodia and currently resides in that country. From the late 1970s until the present, Defendant Hun Sen has held a number of official positions with the Cambodian Government, serving as a military officer with the Khmer Rouge during the Pol Pot regime in the 1970s that carried out a massive campaign of genocide in that country, and later as Minister of Foreign Affairs from 1970-1985, and as Prime Minister and Secretary General of the Communist Party of Cambodia from 1985-1989. He was assigned the post of Second Prime Minister in June of 1993, and was serving in that position when the March 30, 1997 attacks that are described in this Complaint took place. Subsequently, on or about July 4, 1997, Defendant Hun Sen led a military coup that unseated the First Prime Minister and forced him into exile. He retained his post as Second Prime Minister under the new regime that he installed until 1998, when he assumed the post of sole Prime Minister.
7. Defendant “Presently Unnamed and to be Identified Members of Hun Sen’s Bodyguard Corps” are citizens and residents of Cambodia and at all times relevant to the events described in the present cause of action were members of a special unit of the Cambodian military assigned to protect Defendant Hun Sen, and to work under his supervision and direction. The Ministry of Defense by special order specifically transferred authority and command over the Bodyguard Unit, known as Second Unit, 17th Battalion, from regular military channels to Hun Sen himself, so that members of this unit operated subject only to Defendant Hun Sens’ immediate control and command authority. According to the FBI investigative report, delivered to the Senate Foreign Relations Committee on November 24, 1998, during the grenade attack on political demonstrators (including Plaintiffs) in the National Assembly Park on March 30, 1997, members of the Defendant Hun Sen’s Bodyguard Corps, heavily armed and in full combat assault uniforms, were positioned near the speakers’ platform where Plaintiff Sam Rainsy and other Plaintiffs were located, but made no attempt to stop the grenade attacks, or to apprehend the attackers, and in fact sought to prevent the demonstrators from doing so. They intentionally permitted the grenade throwers to escape, while preventing those attending the demonstration from pursuing or capturing them. There also is evidence that one of the key members of the Bodyguard Unit paid one of the grenade throwers to commit his crime, indicating even more direct involvement of the Bodyguard Unit in planning and carrying out the attacks. The identity of specific Defendants who were members of Defendant Hun Sen’s bodyguard unit, and who played a role in the attacks, will be determined and specified during the course of the proceeding.
8. To the Plaintiffs knowledge and belief, and as confirmed by numerous media reports and by the investigation and report of the U.S. Federal Bureau of Investigation, as well as subsequent findings by Congressional Committees of the U.S. Congress, Defendants Hun Sen and unnamed members of his Bodyguard Corps were directly responsible for the March 30, 1997 grenade attacks, and the acts of torture, extrajudicial execution and attempted extrajudicial execution carried out in those attacks, and are thereby responsible for the damages suffered by the Plaintiffs and other peaceful demonstrators as a result of the attacks. Defendants had prior knowledge of the attacks, but did not take action to prevent them or to apprehend the attackers when they had an opportunity and responsibility to do so, and may have played an even more direct role in planning and facilitating these acts of torture and other major human rights abuses.
Plaintiffs
9. Plaintiff Ron Abney is a native, citizen and resident of the United States. During the period of time covered by the events described in this complaint he represented the International Republican Institute (IRI), a group monitoring and supporting democracy and free elections around the world that is funded directly by the United States Congress. He served as Chief of Delegation of the IRI group in Cambodia, providing monitoring and technical assistance support activities aimed at promoting the development of a democratic political process in Cambodia. He was present and in close proximity to Plaintiff Sam Rainsy during the political demonstration in the National Assembly Park when the grenade attack occurred on March 30, 1997. He sustained shrapnel wounds in the leg and was hospitalized as a result of the attack, suffering physical injury, and severe pain and suffering in process.
10. Plaintiff Sam Rainsy was and is the leader of the Khmer National Party, now referred to as the Sam Rainsy Party, one of the three leading political parties in Cambodia, that then opposed, and still seeks to replace the government of Hun Sen by peaceful and democratic means. He was the leader of the peaceful political demonstration in the National Assembly Park that was viciously subjected to grenade attack as a result of the actions of the Defendants, and according to reliable reports by the FBI and other sources, was the target of attempted assassination and extrajudicial execution in that attack based on his political beliefs, associations and activities. Currently he is visiting France and the United States, and although an elected member of the Parliament in Cambodia, recently had his legislative immunity stripped by the government and has been made subject to an arbitrary summons to appear before a court in Cambodia to be questioned in connection with a defamation and libel suit filed against him by Defendant Hun Sen based on his political criticism of Defendant Hun Sen. These are strong indications that Defendant Hun Sen plans to take additional arbitrary and extrajudicial punitive action, including possible life threatening action, against Plaintiff Rainsy Sam upon his return to Cambodia to prevent and penalize his political activities.
12. Plaintiff Chan Thou Lay is a citizen of Cambodia currently living in exile as a refugee in France. She fled Cambodia after being wounded in two places in the chest by the grenade attack in the National Assembly Park on March 30, 1997. She attended the rally in the Park to protest government policies, and to support peaceful political change. Prior to the demonstration on March 30, 19987 she was visited by members of Hun Sen’s Bodyguard Unit and was told by them that a grenade attack would take place if she and her union participated in and supported the demonstration.
13. Plaintiff Huen Huon is a citizen of Cambodia currently living in exile as a refugee in France. She also was wounded in the grenade attack in the National Assembly Park on March 30, 1997.
14. Plaintiffs “Presently Unnamed and To Be Identified” are citizens of Cambodia currently living in Cambodia or in exile in other countries, such as France, who participated in the political demonstration in the National Assembly Park on March 30, 1997, and who were subjected to assault, torture and physical injury as a result of the grenade attacks against the demonstrators carried out with the support, involvement or acquiescence of the Defendants. Other of these Plaintiffs were otherwise subjected to torture and/or acts of genocide by Defendant Hun Sen during periods of time prior or subsequent to the 1997 grenade attacks.

STATEMENT OF FACTS
15. From the time that Defendant Hun Sen assumed the post of Second Prime Minister in the Cambodian Government in June of 1993, sharing control with Crown Prince Norodom Ranariddh, he organized and supervised a campaign of political repression against his political opponents, and most notably Plaintiff Sam Rainsy and his Khmer National Party (KNP), with the purpose of solidifying his political power, and eliminating meaningful political opposition. This campaign of political repression continues to this day, and has been continuously and strongly condemned by the United States Government. Most recently, for example, the U.S. Department of State Country Reports on Human Rights for 2004 cites the fact that between 2000 and 2002, 22 political activists were killed in “suspicious circumstances” suggesting that assassinations of key members of the political opposition was commonplace, with “25 cases of extrajudicial killings” reported in 2003 alone. (U.S. Dept. of State Country Human Rights Reports for 2003, page 678) The State Department report characterizes the human rights record of the Government of Cambodia as “poor,” with “serious problems” associated with “politically motivated violence,” and indicates that “Politically related crimes rarely were prosecuted.” (U.S. Dept. of State Country Human Rights Reports for 2003, p.677)
16. Even prior to assuming the office of Second Prime Minister, Defendant Hun Sen was implicated in a number of major human rights abuses, including torture and genocide, that took place on a regular and ongoing basis during the period of Khmer Rouge control under the military regime of dictator Pol Pot from 1975 to 1978, when more than a million people were slaughtered during the era of the “Killing Fields,” and then again after Pol Pot was deposed, during the 1980s and thereafter, when hundreds of thousands of victims were killed for political reasons. During these periods, Defendant Hun Sen at first was a military officer serving under the Khmer Rouge, and later became the Secretary General of the Communist Party, reportedly participating in actions related to the torture and genocide that were widespread during that period. He is implicated, for example, in the ruthless execution of a number of patients at a regional hospital in 1973 during the period of the Khmer Rouge genocide, and also was involved in a series of major human rights violations, including torture and executions, that took place on a regular basis during the 1985 through 1989 period when he served as Secretary General of the Communist Party, and as Prime Minister, though his status as head of state was not recognized by the United States Government.
17. The Plaintiffs in this case were subjected to specific incidents of torture, extrajudicial execution, and attempted extrajudicial execution at the hands of the Defendants in connection with their participation in a peaceful political demonstration by the opposition political party on March 30, 1997 held in a public park adjacent to the National Assembly building in Phnom Pehn, Cambodia. This demonstration was led by Plaintiff Sam Rainsy. Plaintiffs were present at the demonstration to voice their opposition to the policies of then Second Prime Minister Defendant Hun Sen. The FBI report indicates that two unknown subjects on foot threw two grenades into the demonstrators, and at least two additional grenades were thrown by individuals on motorcycle and/or in a white sedan. Between 16 and 20 people attending the rally were killed, including one of Sam Rainsy’s bodyguards, and 150 wounded, many seriously, including Plaintiff Ron Abney.
18. According to the FBI, Plaintiff Rainsy was “the apparent target of the attack,” but was not physically injured in the assassination attempt. The Washington Post reported that “Sam Rainsy, 48, leader of the chief opposition Khmer National Party, escaped injury in the attack when one of his bodyguards shoved him to the ground and stepped in the path of the blast.” (Washington Post, June 29, 1997, Page A20) The FBI report “tentatively … pinned responsibility for the blasts, and the subsequent interference” that prevented the arrest of the grenade throwers, “on personal bodyguard forces employed by Hun Sen … according to four U.S. government sources familiar with its contents.” (Washington Post article “Leader’s Bodyguards Blamed for Assault that Killed 20, Injured American,” June 29, 1997, Page A20) According to a UPI press report, a U.S. official summarized the FBI findings, saying “there are obviously a lot of strong indications Hun Sen and his people ordered and participated in the attack,” and citing “irrefutable evidence of Hun Sen’s role in the grenade attack.” (“U.S. Accuses Hun Sen on Drugs, Terrorism,” UPI, August 21, 1997) The U.S. Senate Foreign Relations Committee on March 30, 1997, reached similar conclusions, finding that “Members of Hun Sen’s Bodyguard Force participated in the planning and execution of the March 30, 1997 attack,” and that “Hun Sen … must have known and approved of the attack.” (Letter from James Doran, Staff Member for East Asian Affairs at the Senate Committee on Foreign Relations to the Chairman and Members of the Committee, September 21, 1999)
19. According to the FBI report, the Defendant members of Hun Sen’s Bodyguard Unit took a number of actions that contributed to the major human rights abuses that took place on March 30, 1997. They were present in force at the demonstration, but apparently not to protect the demonstrators, or even their commander, Defendant Hun Sen, who was not present at the demonstration. Instead their apparent purpose was to facilitate and prevent interference with the attack, and to prevent efforts by the demonstrators to apprehend the perpetrators. Reliable reports, including a statement by one of the grenade throwers, suggest that the Bodyguard Unit, and consequently its commander, Defendant Hun Sen, not only had advance information about the attack, but may have played a direct role in arranging for it to take place by contracting with the perpetrators to carry out their unlawful mission. The actions by the members of the Bodyguard Unit at the demonstration and during and immediately after the attacks, as reported by the FBI, confirm their direct involvement in and responsibility for the violations of international law that took place on March 30, 1997.
20. The National Police agency also played an important role in the assaults and human rights abuses that took place on that date. The National Police issued and delivered a permit for the political demonstration at the National Assembly Park to Plaintiff Sam Rainsy. Although that action does not in and of itself indicate involvement in the attacks, subsequent actions suggest the active role of the National Police Agency in the plot. According to the FBI, regular police force members who ordinarily were assigned to provide protection in political demonstrations of this type were withdrawn from that assignment, presumably with the knowledge and approval, or under the direct orders, of their supervisors, leaving the Hun Sen Bodyguard Unit as the primary or sole source of police or security protection. Given the Bodyguard Unit’s involvement in the attacks, as the FBI has confirmed, the withdrawal and absence of other police presence has to be considered an important element in the attack, and a clear indication of the fact that the National Police had prior knowledge of, and involvement in, the plot. In addition, after the grenade attacks took place, the National Police Agency played a major role in covering up Hun Sen’s and the Government’s involvement, by failing to properly investigate the assaults, or to prosecute the perpetrators. Consistent with this cover-up approach, officials of the National Police Agency also did not even provide any meaningful assistance to the team of FBI agents assigned by the U.S. Government to investigate the assaults. To this day, none of those suspected of perpetrating the grenade assaults has been charged, arrested or prosecuted by Cambodian Government, despite the fact that the identity of some of the grenade throwers is well known, in part because of the investigative efforts of the FBI. The National Police Agency and the Ministry of Internal Affairs of which it is part, has therefore played a major role in the cover-up, and in the Government of Cambodia’s refusal or inability to act to prevent and punish the major human rights abuses that took place.
21. A few months after the events of March 30, 1997, on July 4, 1997 Defendant Hun Sen’s military forces overthrew the government in Cambodia, killing 41 political opponents, and assumed full and complete control over the government, forcing the First Prime Minister, Prince Norodom Ranariddh into exile. (“U.S. Accuses Hun Sen on Drugs, Terrorism,” UPI, August 21, 1997)

ABSENCE OF AVAILABLE AND EFFECTIVE REMEDIES IN CAMBODIA
22. Given the involvement of high level officials of the Government of Cambodia in the abuses alleged in this Complaint, and in the cover-up of these abuses, as further evidenced by the refusal and/or inability of the Government of Cambodia to properly and effectively investigate the events and bring the perpetrators to justice, and given further other substantial indicators of governmental acquiescence in the attacks and its unwillingness to support legal initiatives that might be undertaken in Cambodia to obtain relief for the victims of the attacks, efforts to secure remedies in Cambodia, including lawsuits in Cambodian courts, must be considered futile. Moreover, any efforts to obtain relief in Cambodia could well result in serious reprisals against those making allegations of wrongdoing on the part of high level officials in Cambodia, as well as against the local attorneys representing the complainants. For this reason, requirements for exhaustion of efforts to obtain local relief should be considered waived and satisfied.



CAUSES OF ACTION
FIRST CLAIM FOR RELIEF
(Torture, Constituting Severe Pain and Suffering, Under the
Torture Victims Protection Act and the Alien Tort Claims Act –
Plaintiffs Ron Abney, Sam Rainsy and Other Plaintiffs as Listed)

23. Plaintiffs re-allege and incorporate by reference the facts and allegations set forth in paragraphs 1 through 22 of this Complaint as if fully set forth herein in this First Claim for Relief.
24. These acts of torture, abuse and injury suffered by the Plaintiffs designated in this First Claim for Relief, including severe physical injury, including death, and the physical and mental suffering associated therewith, were inflicted upon them by, and/or at the instigation or with the complicity, consent or acquiescence, and under the control and authority of the Defendants acting under color of law and in their official capacities, albeit through unlawful and unauthorized actions on their part, carried out for unlawful and unauthorized purposes.
25. These acts caused direct and severe physical and mental pain and suffering upon the Plaintiffs, and placed them at severe risk or personal injury and/or death in connection with their participation in, and support of, the peaceful exercise of their rights of free speech and free association, and their right to hold, exercise and express their political beliefs.
26. These acts of torture were inflicted deliberately and intentionally by the Defendants for purposes that include, among others, preventing or punishing the Plaintiffs for the exercise of their political beliefs and associations.
27. The acts described herein constitute torture in violation of the Torture Victims Protection Act (TVPA), Pub. L. No. 102-256, 106 Stat. 73 (1992) (codified at 28 U.S.C. section 1350), and constitute “tort[s] … committed in violation of the law of nations or a treaty of the United States” under the Alien Tort Claims Act, 28 U.S.C. section 1350, in that the acts violated provisions in a number of treaties binding on the United States prohibiting torture on an absolute basis, as defined, reflected and expressed in those treaties and other instruments, in statutory provisions adopted by the Congress of the United States implementing those treaty obligations, and as further reflected in administrative regulations and in international and domestic judicial decisions applying and interpreting the prohibition against torture. These acts also constitute torture under customary international law.
28. Defendants, individually and collectively, actively participated in the planning and carrying out, and/or were otherwise aware of, acquiesced in, or acted to cover up, and did not act to prevent or punish, these violations of human rights as embodied in international and domestic law. These violations and actions meet the definition of torture under the meaning of the TVPA, the ATCA, and international treaties and U.S. laws and regulations prohibiting such acts of torture, wherever they are committed, and for whatever reason they are committed, on an absolute and universally condemned basis.

SECOND CLAIM OF RELIEF
(Extra-Judicial Execution and Attempted Extra-Judicial
Execution, Constituting Acts of Torture – Plaintiffs Sam Rainsy
and Other Plaintiffs As Listed)
29. Plaintiffs re-allege and incorporate by reference the facts and allegations set forth in paragraphs 1 through 28 of this Complaint as if fully set forth herein in this Second Claim for Relief.
30. The acts of abuse and injury and violations of international law suffered by the Plaintiffs included extra-judicial executions and attempted extra-judicial executions inflicted upon them by, and/or at the instigation or with the complicity, consent or acquiescence, and under the control and authority of the Defendants acting under color of law and in their official capacities, albeit through unlawful and unauthorized actions on their part, carried out for unlawful and unauthorized purposes.
31. These acts of extra-judicial executions, and attempted extra-judicial executions have been determined to constitute torture under the meaning of the Convention Against Torture, other international treaties binding upon the United States, and laws of Congress and administrative regulations implementing these treaty standards, as well as under customary international law. They also have been determined to be
part of jus cogens standards of international law that are universally recognized and enforced by the international community.

THIRD CLAIM OF RELIEF
(Genocide and Other Crimes Against Humanity – Plaintiffs
Ron Abney, Sam Rainsy and Others As Listed)

32. Plaintiffs re-allege and incorporate by reference the facts and allegations set forth in paragraphs 1 through 31 of this Complaint as if fully set forth herein in this Third Claim for Relief.
33. The acts of abuse and injury and violations of international law suffered by the Plaintiffs that included torture, genocide and other major human rights violations inflicted upon them by the Defendants are generally recognized to constitute “crimes against humanity” in international law, and are considered to be part of jus cogens standards of international law that are universally recognized and enforced by the international community.



PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
(a) For a declaratory judgment determining that the actions of the Defendants
Constituted violations of international law, specifically prohibited acts of
Torture, Extrajudicial Execution, and Attempted Extrajudicial Execution
in violation of the Convention Against Torture, numerous other
international treaty obligations binding on the United States, and domestic
laws and regulations implementing such standards, including the Torture
Victims Protection Act.
(b) For compensatory damages to each of the Plaintiffs, according to proof to
be established at trial;
(c) For punitive and exemplary damages according to proof to be established
at trial;
(d) For reasonable attorney’s fees and costs associated with the litigation,
according to proof; and,
(e) For such other and further relief as the Court may deem just and proper.
Trial by Jury is demanded on all issues.


Respectfully submitted this 9th day of September, 2005 by:


______________________________
Jaykumar Menon
666 Broadway
7th Floor
New York City, New York 10012
Tele: (646) 519-2866 and (917) 302-0722
Email: jaykumar.menon@earthlink.net
NY Bar Number: JM-4233


______________________________
Morton Sklar
Executive Director
World Organization for Human Rights USA
1725 K Street, N.W.
Suite 610
Washington, D.C. 20006
Tele: (202) 296-5702
Fax: (202) 296-5704
Email: msklar@humanrightsusa.org
DC Bar Number: 144139 (1964)
DC SDNY Bar Membership Applied for with this Complaint

with the assistance of:
Raji Zeidan
Legal Intern
American University Law School