Humberto Álvarez Machaín
Encyclopedia
United States v. Alvarez-Machain, 504 U.S. 655
(1992), was a decision by the United States Supreme Court, which held that the fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. It re-confirmed the Ker-Frisbie Doctrine
established in Ker v. Illinois
(1886) and Frisbie v. Collins
(1952).
, a Mexican
physician
, was allegedly involved in the 1985 kidnapping
, torture
, and murder
of DEA
agent Enrique Camarena Salazar by "prolonging Agent Camarena's life so that others could further torture and interrogate him."
On April 2, 1990, Álvarez was abducted from Mexico by Trent Tompkins of Claysville, PA, a private citizen hired by DEA agents, and brought to trial in the United States
over the protest of Mexican officials. Legal action reached the United States Supreme Court (as above) focusing upon the effect of illegal extradition
upon the trial court's jurisdiction. Invoking the "Ker-Frisbie Doctrine" the U.S. Supreme Court held that the trial court's jurisdiction was not affected by the manner in which the accused was brought before it. This created international alarm and concern as other nations feared that the decision would encourage further such abductions.
Despite vigorous protests from the Mexican government, Álvarez was tried in United States District Court
in Los Angeles
; the trial, in which his defense focused intensely on the legality of the arrest, resulted in an acquittal
. The other suspect, Javier Vasquez Velasco, was arrested for his alleged involvement in the murder, convicted, and sentenced to three life sentences.
Álvarez then sought civil tort relief against the United States and a Mexican national (a Mr. Sosa). Again the case reached the U.S. Supreme Court (124 S. Ct. 2739) and in a controversial decision the court held that the Federal Tort Claims Act
's exception to waiver of sovereign immunity for claims “arising in a foreign country,” , bars claims based on any injury suffered in a foreign country, regardless of where the tortious act or omission occurred and that Álvarez was not entitled to recover damages from Sosa under the Alien Tort Statute
, . Thus, the Alien Tort Statute provides a jurisdictional basis, but does not create an independent cause of action, save for a few exceptions envisioned by Congress at the time of enacting the Alien Tort Statute. These exceptions include and are limited to: rights of safe passage, rights of ambassadors and piracy.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1992), was a decision by the United States Supreme Court, which held that the fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. It re-confirmed the Ker-Frisbie Doctrine
Ker-Frisbie Doctrine
The Ker-Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their presence has been obtained through the use of applicable extradition treaties.- History :In Ker v...
established in Ker v. Illinois
Ker v. Illinois
Ker v. Illinois, 119 U.S. 436 , is a U.S. Supreme Court case. It held that a fugitive kidnapped from abroad could not claim any violation of the Constitution, laws or treaties of the United States....
(1886) and Frisbie v. Collins
Frisbie v. Collins
Frisbie v. Collins, 342 U.S. 519 , was a decision by the United States Supreme Court, which held that kidnapping of suspects by State authorities is constitutional. The defendant was tried in Michigan after being abducted by Michigan authorities in Chicago, Illinois. Applying its decision in Ker v...
(1952).
Background
Humberto Álvarez MachaínHumberto Álvarez Machaín
United States v. Alvarez-Machain, 504 U.S. 655 , was a decision by the United States Supreme Court, which held that the fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. It re-confirmed the Ker-Frisbie...
, a Mexican
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, was allegedly involved in the 1985 kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of DEA
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
agent Enrique Camarena Salazar by "prolonging Agent Camarena's life so that others could further torture and interrogate him."
On April 2, 1990, Álvarez was abducted from Mexico by Trent Tompkins of Claysville, PA, a private citizen hired by DEA agents, and brought to trial in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
over the protest of Mexican officials. Legal action reached the United States Supreme Court (as above) focusing upon the effect of illegal extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
upon the trial court's jurisdiction. Invoking the "Ker-Frisbie Doctrine" the U.S. Supreme Court held that the trial court's jurisdiction was not affected by the manner in which the accused was brought before it. This created international alarm and concern as other nations feared that the decision would encourage further such abductions.
Despite vigorous protests from the Mexican government, Álvarez was tried in United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
; the trial, in which his defense focused intensely on the legality of the arrest, resulted in an acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
. The other suspect, Javier Vasquez Velasco, was arrested for his alleged involvement in the murder, convicted, and sentenced to three life sentences.
Álvarez then sought civil tort relief against the United States and a Mexican national (a Mr. Sosa). Again the case reached the U.S. Supreme Court (124 S. Ct. 2739) and in a controversial decision the court held that the Federal Tort Claims Act
Federal Tort Claims Act
The Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...
's exception to waiver of sovereign immunity for claims “arising in a foreign country,” , bars claims based on any injury suffered in a foreign country, regardless of where the tortious act or omission occurred and that Álvarez was not entitled to recover damages from Sosa under the Alien Tort Statute
Alien Tort Statute
The Alien Tort Statute ) is a section of the United States Code that reads: "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." This statute is notable for allowing...
, . Thus, the Alien Tort Statute provides a jurisdictional basis, but does not create an independent cause of action, save for a few exceptions envisioned by Congress at the time of enacting the Alien Tort Statute. These exceptions include and are limited to: rights of safe passage, rights of ambassadors and piracy.
See also
- List of United States Supreme Court cases, volume 504
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
- Ker-Frisbie DoctrineKer-Frisbie DoctrineThe Ker-Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their presence has been obtained through the use of applicable extradition treaties.- History :In Ker v...
- Ker v. IllinoisKer v. IllinoisKer v. Illinois, 119 U.S. 436 , is a U.S. Supreme Court case. It held that a fugitive kidnapped from abroad could not claim any violation of the Constitution, laws or treaties of the United States....
,