§ 1350. — Alien's action for tort.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1350]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1350. Alien's action for tort
The district courts shall have original jurisdiction of any civil
action by an alien for a tort only, committed in violation of the law of
nations or a treaty of the United States.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 41(17) (Mar. 3, 1911, ch.
231, Sec. 24, par. 17, 36 Stat. 1093).
Words ``civil action'' were substituted for ``suits,'' in view of
Rule 2 of the Federal Rules of Civil Procedure.
Changes in phraseology were made.
Torture Victim Protection
Pub. L. 102-256, Mar. 12, 1992, 106 Stat. 73, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Torture Victim Protection Act of
1991'.
``SEC. 2. ESTABLISHMENT OF CIVIL ACTION.
``(a) Liability.--An individual who, under actual or apparent
authority, or color of law, of any foreign nation--
``(1) subjects an individual to torture shall, in a civil
action, be liable for damages to that individual; or
``(2) subjects an individual to extrajudicial killing shall, in
a civil action, be liable for damages to the individual's legal
representative, or to any person who may be a claimant in an action
for wrongful death.
``(b) Exhaustion of Remedies.--A court shall decline to hear a claim
under this section if the claimant has not exhausted adequate and
available remedies in the place in which the conduct giving rise to the
claim occurred.
``(c) Statute of Limitations.--No action shall be maintained under
this section unless it is commenced within 10 years after the cause of
action arose.
``SEC. 3. DEFINITIONS.
``(a) Extrajudicial Killing.--For the purposes of this Act, the term
`extrajudicial killing' means a deliberated killing not authorized by a
previous judgment pronounced by a regularly constituted court affording
all the judicial guarantees which are recognized as indispensable by
civilized peoples. Such term, however, does not include any such killing
that, under international law, is lawfully carried out under the
authority of a foreign nation.
``(b) Torture.--For the purposes of this Act--
``(1) the term `torture' means any act, directed against an
individual in the offender's custody or physical control, by which
severe pain or suffering (other than pain or suffering arising only
from or inherent in, or incidental to, lawful sanctions), whether
physical or mental, is intentionally inflicted on that individual
for such purposes as obtaining from that individual or a third
person information or a confession, punishing that individual for an
act that individual or a third person has committed or is suspected
of having committed, intimidating or coercing that individual or a
third person, or for any reason based on discrimination of any kind;
and
``(2) mental pain or suffering refers to prolonged mental harm
caused by or resulting from--
``(A) the intentional infliction or threatened infliction of
severe physical pain or suffering;
``(B) the administration or application, or threatened
administration or application, of mind altering substances or
other procedures calculated to disrupt profoundly the senses or
the personality;
``(C) the threat of imminent death; or
``(D) the threat that another individual will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind altering substances or
other procedures calculated to disrupt profoundly the senses or
personality.''
