abuses

WASHINGTON, April 28 (UPI) — Supreme Court justices appeared divided Tuesday morning about whether a U.S. tech company can be held liable for aiding the Chinese government’s alleged torture of a spiritual minority.

The case is centers on whether practitioners in China of the Falun Gong religion — also called Falun Dafa — can sue California-based tech company Cisco Systems for aiding and abetting violations of the 18th-century Alien Tort Statute and the Torture Victim Protection Act, which was enacted in 1992.

Cisco attorney Kannon Shanmugam called for barring aiding and abetting liability. He argued that allowing liability to be implied would harm the government’s separation of power.

Much of Tuesday’s debate hinged on whether the statute’s 200-year-old “law of nations” wording was applicable to the relatively more modern concept of human rights abuses, as well as whether the first Congress meant for the victim protection act to include second liability for aiding and abetting torture.

The case marks the latest attempt to define the scope of the statue, which for over two centuries has allowed foreigners to bring lawsuits in U.S. courts for serious violations of international law.

More than 20 years ago, Cisco developed and sold to the Chinese government a surveillance system, which the government used to find, interrogate and allegedly torture Falun Gong practitioners.

During arguments for Cisco Systems Inc. vs. Doe I, some justices emphasized Cisco’s awareness of their technology’s role in persecution, while others said that including liability for aiding torture in the alien tort statue contradicted with historical precedent and had foreign policy risks.

But no clear majority converged around either position in the conservative majority court.

“We’ve maybe misled Congress into thinking, ‘Oh, we don’t need to do anything about these human rights things, the courts are taking care of it,'” Justice Brett Kavanaugh said.

“I’m concerned at a separation of powers level that we’re not really allowing suits to go forward, but Congress thinks we are because of a lack of clarity in our case law.”

Justices Ketanji Brown Jackson and Sotomayor appeared more supportive of those who brought forward the original lawsuit — several Chinese nationals and one U.S. citizen.

Addressing the wording of the Torture Victim Protection Act, Sotomayor told Shanmugam: “I’m not sure how you get to your position that ‘subjects to’ can’t mean aiding and abetting because command liability doesn’t necessarily require subjecting someone to the torture.”

“It makes someone who’s in a command position who knows of the torture and permits it to happen … aiding and abetting. We’ve defined aiding and abetting as an active step in permitting and encouraging the substantive act.”

The Alien Tort Statute grants federal district courts original jurisdiction over any civil action in which an alien sues for a tort “committed in violation of the law of nations or of a treaty of the United States.”

“What’s the point of previous [Supreme Court] decisions that determined U.S. corporations could be defendants?” said Sophia Cope, senior staff attorney at Electronic Frontier Foundation, who helped write an amicus brief in support of the Falun Gong members.

“Excluding second liability from the ATS would be a huge loophole for companies to sell services which are used for human rights violations.”

By rejecting judicially created aiding and abetting liability, the court would close the last major loophole that the plaintiffs’ lawyers have “exploited” to keep cases with such claims under the ATS and TVPA alive, said Cory Andrews, vice-president of litigation at the Washington Legal Foundation. The foundation submitted a brief in support of Cisco in February.

“It would reaffirm that the ATS is a narrow 1789 statute, not a modern vehicle for global human-rights enforcement,” Andrews said.

The case had its origins 15 years ago. In 2011, the plaintiffs — 13 Chinese nationals and one U.S. citizen — filed the original suit in the District Court for the Northern District of California, claiming they were targeted using Cisco’s technology and then detained and tortured.

The district court dismissed the claims, but it was brought to the Supreme Court after a panel of federal judges on the U.S. Court of Appeals for the Ninth Circuit agreed in 2023 that the plaintiffs had met a legal threshold to continue with the lawsuit.

A decision is expected by the end of June.

A United Nations fact-finding mission has concluded that “there are no indicators of structural reforms or change” to improve the human rights situation in Venezuela, despite the removal of its leader in January.

On Thursday, a member of the fact-finding mission, Maria Eloisa Quintero, delivered remarks (PDF) to the UN Human Rights Council questioning whether Venezuela’s leadership would face accountability for its record of human rights abuses.

She also pointed to ongoing abuses under the government of interim President Delcy Rodriguez, who was sworn into office on January 5.

“Civic and democratic space remains severely restricted. Civil society organizations, the few remaining independent media outlets, and political actors continue to face attacks, harassment or intimidation,” Quintero wrote in her statement.

“The prospects for full guarantees necessary for free and democratic elections remain remote.”

All told, the fact-finding mission found that at least 87 people have been detained since January.

Fourteen of them were journalists who were temporarily taken into custody while covering Rodriguez’s inauguration, and another 27 were reportedly arrested for celebrating the fall of Rodriguez’s predecessor, Nicolas Maduro.

The fact-finding mission revealed that at least 15 of the recent arrests involved children.

A violation of international law

Its report was one of the first international assessments of human rights under Rodriguez’s nascent presidency.

She took office after the United States launched a military operation in the early morning hours of January 3 to abduct Venezuela’s then-President Maduro. Previously, Rodriguez had served as Maduro’s vice president.

Maduro and his wife Cilia Flores currently remain imprisoned in New York, where they face charges of drug trafficking and weapons possession.

The US has backed Rodriguez’s ascent to the presidency. Both her government and that of US President Donald Trump have said there is no immediate plan to hold a new election in Venezuela, citing the need for stability.

Quintero emphasised that it was the view of the fact-finding mission that the US operation “violated international law”, echoing the legal consensus.

“While the Mission has reasonable grounds to believe that Nicolas Maduro is responsible for crimes against humanity committed against the civilian population, this does not justify an unlawful military intervention,” Quintero wrote.

Her remarks also pointed out that, while Maduro may be gone, the rest of his government remains.

That government has faced repeated accusations that it perpetrated violence against members of Venezuela’s political opposition and others deemed critical of the country’s socialist leadership.

“The legal instruments that have long served as a basis for political persecution remain fully in force,” Quintero said.

“State institutions that played a key role in the repression — and which have been identified in previous Mission reports — have not been reviewed or reformed.”

Human rights groups have collected thousands of reports of arbitrary detention, as well as torture and extrajudicial killings, under Maduro, who served as president from 2013 until January.

Members of Venezuela’s opposition have also called for the removal of the existing government, which they say fraudulently claimed victory in the 2024 presidential race, despite vote tallies indicating otherwise.

Limits to ‘positive’ steps

At first, Quintero said the fact-finding mission found that developments under Rodriguez “initially appeared encouraging”.

She pointed to “positive” steps like the release of political prisoners and passage of an amnesty law that would lift criminal penalties for dissidents facing certain criminal charges.

But the benefits of those steps, she said, were mitigated by irregularities. The amnesty law was narrow in scope — only addressing certain accusations, made within a specific time range — and the bill never received a full, public reading.

Meanwhile, the government has claimed to release more political prisoners than has actually been verified by local human rights groups.

Quintero added that the fact-finding mission also found that 30 officials from Venezuela’s Scientific, Criminal and Forensic Investigations Corps (CICPC) — part of the national police agency — were detained for failing to produce false evidence about the US’s attack on January 3.

Their family members, she indicated, also faced government retaliation. The fact-finding mission called for more changes to be made to address the continued human rights abuses.

“A far deeper and more enduring transformation is required so that the population can trust that the long years of repression and violence have truly come to an end,” Quintero wrote.

Instead, she warned that the existing “machinery” of repression is simply “mutating” to adapt to the new reality in Venezuela, post-Maduro.