President has immunity - US Justice Dept

The US Justice Department, based on a directive from its legal adviser Harold Koh, has suggested to the District Court of the District of Columbia that President Mahinda Rajapaksa has immunity from the Torture Victims Protection Act (TVPA) suit filed by three Tamil plaintiffs for alleged complicity in war crimes.

US Case law indicates that no Court has ever subjected a sitting Head of State to suit once the Executive Branch has suggested the Head of State immunity.

Judge Colleen Kollar Kotelly had earlier called upon the State Department to indicate by January 13, 2012 whether or not the State intends to file a Statement of Interest regarding issues identified in President Rajapaksa’s motion filed last month, and if so, a date by which the Statement of Interest would be filed.

Judge Kotelly, who served as the Presiding Judge on United States Foreign Intelligence Surveillance Act (FISA), has considerable expertise in legal issues on extra-territorial defendants and immunity defences.

The response from the US Justice Department was filed on Friday before the deadline.A spokesperson for Tamils Against Genocide (TAG) which sponsored the legal action said they expected Judge Kotelly to agree with the suggestion and to dismiss the case, the pro-LTTE TamilNet reported. It acknowledged that the suggestion of immunity clearly articulated the US State Department’s continuing support to the Sri Lankan President.

The decision by the US State Department has closed the avenues available for bringing legal action against President Rajapaksa in US Courts, legal analysts said.