Somalia Asks Kerry for Immunity forAlleged War Criminal in U.S.

In one of its first acts since beinggranted diplomatic recognition by the United States, the new government of Somalia wants the Obama administrationto shield a former general and prime minister from a suit that foundhim responsible for atrocities a quarter century ago.

During the 1980s, Gen. Mohamed Ali Samantar commandedmilitary forces that carried out a brutal repression of the Isaaq people innorthern Somalia, including countless atrocities, according to the Centerfor Justice and Accountability, a San Francisco-based human rightsgroup.

Samantar, who later became prime minister under the dictatorship of Mohamed Siad Barre, fled to the United Statesafter the regime was overthrown by warlords in 1991. Washington has notrecognized a Somali government since then.

In 2004, plaintiffs who survived the atrocities committed by Samantar’s troopsfiled suit for damages in U.S. District Court in Eastern Virginia. Samantar,living in Fairfax, Va., claimed immunity as a head of state.

In 2012, following a Supreme Court rejection of Samantar’s immunity claims,Judge Leonie Brinkema affirmed the decision and awarded the victims $21 millionin compensatory and punitive damages.

Samantar, who had earlier filed for bankruptcy, appearedpersonally in court on Feb. 23, 2012 and conceded to both liability anddamages.

In his letter Tuesday to Secretary of State John Kerry, delivered to theAmerican embassy in Nairobi, the current Somali prime minister, Abdi FarahShirdon, claimed that “Mr. Samantar’s actions were all undertaken in hisofficial capacity with the government of Somalia…” and thus deserveimmunity–a position soundlyrejected by U.S. courts.

Shirdon further claimed the case against Samantar “is injurious to thehistoric, ongoing process of peace andreconciliation among clans and political factions within Somalia…”

In 2005, the George W. Bush administration sided with Samantar, but in 2011,under Barack Obama, the State Department changed sides, filing “statement ofinterest” that Samantar was not entitled to immunity. Shirdon wants the StateDepartment to toggle back to the status quo ante.

On Wednesday, Samantar’s Alexandria attorney, Joseph P. Drennan recalledHillary Clinton’s pledge in January “to be a good partner, a steadfastpartner, to Somalia as Somalia makes the decisions for its own future,” andsaid he expects the State Department to accede to Shirdon’s request for immunityfor Samantar.

“To do otherwise would be an egregious affront to a brave government that isbeing held up as a model in fighting al-Shabbab, and recovering from decades ofinter-clan strife,” Drennan told SpyTalk.

Kerry, embroiled in negotiations over Syria, among other front-burner items, isnot expected to make a decision on the case in the near future.