Cabiri v. Ghana, (USDC, 2nd Cir. 1999)
981 F.Supp. 129, affirmed in part 165 F.3d 193
We represented the defendant Republic of Ghana in a very interesting case involving the alleged torture of a former Ghanaian diplomat. The plaintiff Cabiri was once Ghana’s Trade Representative who was recalled to Ghana. When Cabiri arrived in Ghana he was charged with treason and imprisoned, later released. Cabiri then returned to New York. Ghana then sought to evict Cabiri from the residence they owned which Cabiri occupied as Trade Representative. Cabiri counterclaimed under the Federal Victim Torture Protection Act per the counterclaim exception to the Republic of Ghana’s right of sovereign immunity. Possession of the premises was returned to the Republic of Ghana by the state court, however, the claim under the Victim Torture Protection Act was severed and heard in Federal Court. The Second Circuit Court of Appeals hearing the case on appeal from the lower court dismissed the Victim Torture Protection Act claim. This resulted in judgment for our client the Republic of Ghana and made law on the issue of “sovereign immunity”.
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