NCJ Number
164877
Journal
International Review of Penal Law Volume: 67 Dated: (1996) Pages: 299-317
Date Published
1996
Length
19 pages
Annotation
The Torture Victim Protection Act (TVPA) enacted in the United States in 1991 is discussed with respect to its origins, substantive elements, and the role of courts in the United States for dealing with torture in other countries.
Abstract
The TVPA expressly provides a means of legal redress for torture victims regardless of their nationality or that of their torturer. The law recognizes that torturers from governments of other countries often visit or relocate to the United States. Although torture victims may not possess the means or ability to locate the torturer and have limited ability to obtain monetary compensation, most victims are interested in symbolic victories rather than material victories. The precursor of the TVPA was the Alien Tort Claims Act of 1789. In the country's first 191 years, parties invoked the law only 21 times, and courts gave jurisdiction only twice. However, in the late 1970's, legal scholars sought to invoke the law on behalf of the Filartiga family against a Paraguayan official. The Carter Administration strongly supported similar actions, while the Reagan White House strongly disapproved of them. The TVPA offers hope for international victims of torture who otherwise lack the protection of the law.