Thuneibat v. Syrian Arab Republic

167 F. Supp. 3d 22, 2016 U.S. Dist. LEXIS 24843, 2016 WL 829870
CourtDistrict Court, District of Columbia
DecidedMarch 1, 2016
DocketCivil Action No. 2012-0020
StatusPublished
Cited by96 cases

This text of 167 F. Supp. 3d 22 (Thuneibat v. Syrian Arab Republic) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thuneibat v. Syrian Arab Republic, 167 F. Supp. 3d 22, 2016 U.S. Dist. LEXIS 24843, 2016 WL 829870 (D.D.C. 2016).

Opinion

*28 MEMORANDUM OPINION

BERYL A. HOWELL, United States District Judge

The families and estates of two American citizens, Lina Mansoor Thuneibat and Mousab Ahmad Khorma (the “Victims”), initiated this action, under the Torture Victim Protection Act (“TVPA”), 28 U.S.C. § 1350, and the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602, et seq., against two defendants, the Syrian Arab Republic and the Syrian Military Intelligence, for sponsoring the November 9, 2005, terrorist attacks in Amman, Jordan. Compl. (Preamble), ¶¶ 1-21, ECF No. 1. These attacks, coordinated by Al-Qaida in Iraq (“AQI”), resulted in the deaths of approximately sixty civilians, including Lina Thuneibat and Mousab Khorma, and the maiming of over one hundred others. Id. ¶¶ 13-14, 28-35. The defendants never entered appearances in, or defended against, this action, and the plaintiffs now seek default judgment for the damages caused by the extrajudicial killings perpetrated by AQI with material support from the defendants. For the reasons discussed below, default judgment is granted.

I. BACKGROUND

Summarized below is the factual back- . ground leading up to, and resulting from, the terrorist attacks at issue and the procedural history of this case. The background is based upon allegations in the Complaint as well as the detailed declaration of an expert in “Arab politics and counterterrorism,” who relies extensively on United States government officials’ reports and statements. Pis.’ Mot. Default Judgment (“Pis.’ Mot.”), Ex. A (Decl. of David Schenker, dated March 19, 2015 (“Schenker Expert Deck”)) at 2, ECF No. 26-2.

A. SYRIAN SUPPORT OF TERRORISM THREATS IN THE KINGDOM OF JORDAN

In 1994, the Kingdom of Jordan (“Jordan”) entered into an “historic peace treaty with Israel brokered by U.S. President Bill Clinton.” Compl. ¶ 26. Since then, Jordan has become a key ally of the United States in the counterterrorism effort, by “sharing intelligence information with the United States on militant groups” in the Middle East, “prosecuting] suspects with ties to al-Qaeda,” id., “providing] crucial logistical support to United States forces in Iraq,” id. ¶ 27, and “allowing] Amman to be used as a staging base for transit into and out of Iraq,” id.

In response to Jordan’s relationship with the United States and Israel, AQI, an organization designated as a Foreign Terrorist Organization (“FTO”) by the U.S. Department of State, and its leader, Jordanian national Ahmad Fadil Nazzal Al Kha-layleh, also known as Abu Musab Al-Zarqawi (“Zarqawi”), targeted Jordan for terror attacks. Id. (Preamble), ¶ 29. Zarqawi and AQI’s efforts have been supported by Syria, which has been included on the U.S. Department of State’s list of State Sponsors of Terrorism since 1979 and is known to “ ‘support groups’ ” that “ ‘have carried out scores of attacks against Palestinian and other Arab, Turkish, Israeli, and Western targets Id. ¶ 49 (quoting a U.S. Department of State Bulletin published in 1987) (ellipsis in the original).

For example, in 1999, Zarqawi allegedly participated in a plot to bomb Jordanian tourist sites, including one of the three hotels targeted in the November 9, 2005 attacks at issue in this case. Id. ¶ 29. In 2002, from his base in Syria, Zarqawi and AQI planned and facilitated the assassination in Amman, Jordan, of U.S. Agency for International Development (“USAID”) of *29 ficial Lawrence Foley. Id.; Schenker Expert Decl. at 7. The terrorists allegedly trained in Syrian military barracks “under the supervision of Syrian soldiers, who instructed them in the use of submachine guns, rifles, pistols and the construction of bombs,” and the weapons used to assassinate Foley were allegedly provided by Syria. Compl. ¶ 54. Zarqawi, along with two other known associates, were convicted in Jordan and sentenced to death, in absentia, for Foley’s assassination. Id. ¶ 29; Schenker Expert Decl. at 7.

In 2003, after the United States led a multinational invasion of Iraq, Syria explicitly articulated a policy of defeating the U.S.-led armed forces in Iraq. Schenker Expert Decl. at 4 (quoting former Syrian Foreign Minister Farouq Shara). Zarqawi and an Aleppo-based militant Islamist cleric employed by the Syrian government “ ‘co-established ... the Al-Qaeda branch in Iraq after the US invasion.’ ” Id. (quoting Sami Moubayed, the Islamic Revival in Syria, Middle East MonitoR, Sept.-Oct. 2006). Syria became a crucial base for AQI, and “several of Zarqawi’s key deputies and supporters based their operations out of the state.” Id. at 5. The same year, in 2003, Zarqawi and AQI allegedly “attacked the Jordanian embassy in Iraq, killing fourteen and wounding forty.” Compl. ¶ 29. In a hearing before the Senate Armed Services Committee in 2003, then Deputy Secretary of Defense Paul Wolfow-itz testified that several foreign fighters killed by U.S. forces in Iraq went there through Syria, and the entry permits on their passports said “ ‘volunteer for jihad,’ ” or “ ‘to join the Arab volunteers,’ ” indicating that Syria was well aware of the jihadi nature of these transient volunteer soldiers as they passed through Syrian borders. Shenker Expert Decl. at 5 (quoting former Deputy Secretary of Defense Paul Wolfowitz). Indeed, Zarqawi was aided in fundraising and operational planning by Fawzi Mutlaz al Rawi, who was also appointed by the Syrian President Bashar Assad in 2003 to be the leader of the Iraqi wing of the ruling Syrian Ba’ath party. Id. at 6. Rawi is financially supported by the Syrian Government and has “ ‘close ties to Syrian Intelligence.’ ” Id. (quoting U.S. Department of TREASURY, Treasury Designates Individuals With Ties to Al Qaida, Former Regime (Dec. 7 2007)).

In 2004, Zarqawi and AQI planned an attack on “several Jordanian and American targets” in Amman, including the U.S. embassy, involving detonation of “a truck bomb laden with chemicals that ... would create a chemical plume” with the capability of “killfing] over 100,000” people. Schenker Expert Decl. at 7; Compl. ¶29. Jordanian forces thwarted the attack for which Zarqawi later took responsibility, claiming that it was in “retribution for Jordan housing a ‘big database used by the enemy of Islam to track down holy warriors.’ ” Schenker Expert Decl. at 7 (quoting Maggie Michael, Al Qaeda Operative: Jordan Attack Planned, AP, Apr. 30, 2004); Compl. ¶ 30. According to the confession of a captured terrorist, Zarqawi “provided the funding necessary for the operation” through a Syrian resident, named Suleiman Khaled Darwish a/k/a Abu al Ghadi-yyeh, who was designated by the United States Treasury Department in 2005 as a Specially Designated Global Terrorist (“SDGT”). Schenker Expert Decl. at 5-8.' Ghadiyyeh regularly arranged for jihadis affiliated with AQI and Zarqawi to travel through Syria into Iraq. Id. at 8.

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Bluebook (online)
167 F. Supp. 3d 22, 2016 U.S. Dist. LEXIS 24843, 2016 WL 829870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thuneibat-v-syrian-arab-republic-dcd-2016.