Soltan v. El Beblawi

MOHAMED SOLTAN, Plaintiff v. HAZEM ABDEL AZIZ EL BEBLAWI, Defendant

Civil Action No. 20-1437 (CKK)

United States District Court, District of Columbia

September 17, 2021

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY United States District Judge.

Plaintiff Mohamed Soltan filed suit against Defendant Hazem Abdel Aziz El Beblawi, the former interim prime minister of Egypt alleging violations of the Torture Victim Protection Act of 1991 (“TVPA”). Defendant later submitted to the Court a letter from the United States Department of State certifying that at the time Plaintiff filed his lawsuit Defendant was serving as Egypt's Principal Resident Representative to the International Monetary Fund (“IMF”); based on that position, Defendant claims he is entitled to diplomatic immunity pursuant to the United Nations Headquarters Agreement, the Vienna Convention on Diplomatic Relations, and the Diplomatic Relations Act.

Before the Court are Defendant's [24] Motion to Quash Service of Process and [25] Motion to Dismiss, in which Defendant argues that this Court lacks jurisdiction because he is immune from suit by virtue of his diplomatic status. Also before the Court are Plaintiff's [50] Motion for Leave to File a Reply to Defendant's Response to the United States' Statement of Interest and Defendant's [53] Motion to Strike Plaintiff's Motion for Leave. Because the Court has considered Plaintiff's proposed pleading, attached to his [50] Motion, the Court shall GRANT Plaintiff's Motion for Leave to File a Reply and DENY Defendant's Motion to Strike.

Upon thorough review of the pleadings, ^[1] the relevant legal authority, the Statement of Interest of the United States, ECF No. 44, and the entire record, the Court concludes that Defendant is entitled to diplomatic immunity. Accordingly, the Court shall GRANT Defendant's Motion to Quash Service of Process and Motion to Dismiss and shall DISMISS this case for lack of jurisdiction.

The Court does not take this step lightly. Plaintiff's Complaint contains shocking allegations of grave human rights abuses. The Court's dismissal of this case is in no way a reflection of the merits of Plaintiff's claims or Defendant's defenses. Nor does the Court express any view as to the merits of the Complaint, as the merits cannot be reached because of the Court's conclusion that it lacks subject matter jurisdiction due to Defendant's status as immune from suit. Basic constitutional and statutory principles prevent this Court from allowing Plaintiff's claims against Defendant to proceed at this time.

I. BACKGROUND

Although the Court resolves the pending motions on the narrow issue of Defendant's immunity from suit, the Court shall briefly discuss Plaintiffs allegations before addressing the procedural posture and facts underlying Defendant's claim of diplomatic immunity.

A. Plaintiff's Allegations

Plaintiff Mohamed Soltan is a United States citizen, who previously held dual citizenship with Egypt. Compl. ¶ 12, ECF No. 1. He is fluent in both English and Arabic. Id. ¶¶ 19, 32. Defendant Hazem Abdel Aziz El Beblawi served as Prime Minister of Egypt from July 9, 2013 until March 1, 2014. Id. ¶ 14; Def.'s Mot. to Dismiss at 9.

The following is a recitation of the facts included in the Complaint, and not findings of fact by the Court. Plaintiff's claims stem from a period of political unrest in Egypt. On July 3, 2013, the Egyptian military removed then-President Mohamed Morsi from office. See Compl. ¶ 28. Shortly thereafter, Defendant became the interim prime minister. Id. In response to these events, protesters and activists congregated in Rabaa Square in Cairo, seeking-according to Plaintiff- to “pressure the military to restore democracy.” Id. ¶ 30. Plaintiff joined the protesters “to assist in the coverage of the protest.” Id. ¶ 31. He worked as an interpreter for foreign media outlets, in an effort to “promote insight” into the protests during an alleged “military black-out of all independent media.” Id. ¶ 32. He also helped media outlets coordinate witness interviews and shared videos, photographs, and “first-hand testimonials” of the protests and the government's response. Id. ¶¶ 33, 34.

Plaintiff alleges that the Egyptian government-including Defendant-authorized security forces to “violently disperse the protests” on July 31, 2013. Id. ¶ 36. The security forces fired tear gas and then “fired ammunition into the crowds from rooftops and helicopters” and blocked the protesters from exiting the square. Id. ¶¶ 37-38. Plaintiff posted images and reports of these events on his Twitter account. Id. ¶¶ 41-42. He alleges that the Egyptian government was monitoring his social media accounts and “deliberately targeted” him “for assassination” based on his reporting. Id. ¶ 43. According to Plaintiff, security forces shot at him twice, and one bullet lodged itself in his upper arm. Id. Plaintiff alleges that Defendant “personally authorized and launched the operation” to clear protesters from Rabaa Square, resulting in Plaintiff's injury and 1, 000 civilian deaths. Id. ¶ 46.

On August 25, 2013, Plaintiff was arrested at his parents' home in a suburb of Cairo. Id. ¶¶ 52-53. Plaintiff was detained at several police stations and prisons over the course of approximately 20 months. See Id. ¶¶ 58, 59, 67, 72, 74, 80, 118. Plaintiff alleges that he suffered brutal treatment at the hands of police and security forces during each stage of his detention; among other things, Plaintiff indicates that he was repeatedly beaten, intentionally deprived of food, water, and sleep, and denied medical assistance for the gunshot wound in his arm. Id. ¶¶ 75-77, 79, 95, 100, 103, 106, 112. Plaintiff also describes being confined in small, hot cells-often chained together with other prisoners-being forced to sleep on the ground, and being placed in a cell “infested with cockroaches and spiders” without a mattress, toilet, or other basic hygiene supplies. Id. ¶¶ 62, 68, 78, 88-91. Plaintiff further alleges that prison guards forced him to listen to his father being beaten, threatened to kill him, beat another prisoner to death in front of him, and encouraged Plaintiff to commit suicide. Id. ¶¶ 68, 72, 86, 104.

After several months of confinement, Plaintiff was “found guilty as part of a mass trial of the bogus charges presented against him and sentenced to life in prison.” Id. ¶ 115. Plaintiff, however, was released from prison on May 30, 2015 “after condemnations by the United States government” on the condition that he relinquish his Egyptian citizenship. Id. ¶¶ 117, 118. He returned to the United States. Id. ¶ 118. Plaintiff continues to suffer from physical, mental, and emotional health complications related to his period of incarceration. Id. ¶ 119.

Defendant's tenure as Egypt's prime minister ended on March 1, 2014, more than one year before Plaintiff's release from prison. See Id. ¶ 14; Def.'s Mot. to Dismiss at 2. Plaintiff alleges that Defendant exercised command and control over the security forces responsible for the “Rabaa Square massacre and the subsequent crackdown in Egypt[.]” Compl. ¶ 124. He further alleges that Defendant “authorized, directed and permitted persons or groups acting in coordination with the [security forces], or under their control, to commit human rights abuses[, ]” id. ¶¶ 122, 124, including those Plaintiff alleges were perpetrated against him, id. ¶ 126.

At the time Plaintiff filed his Complaint in this action, Defendant served as an executive director of the IMF. Def's Mot. to Dismiss at 2. In that position, Defendant held a G-1 diplomatic visa. See Def's Opp'n to Pl.'s Mot. for Hr'g Ex. A, ECF No. 19-1. A “G-1” visa designation applies to “Principal Resident Representative of Recognized Foreign Government to International Organization, ” among others. 22 C.F.R. § 41.12.

In addition to Defendant, Plaintiff names in his Complaint several other current and former Egyptian government officials as “un-sued Defendants”:

• Abdel Fattah el-Sisi, President of Egypt, Compl. ¶ 15;

• Abbas Kamel, head of the General Intelligence Directorate, id. ¶ 16;

• Mohamed Ibrahim, former Minister of the Interior, id. ¶ 17;

• Mahmoud Sayed Abdel Hamid Sha'rawi, former Deputy Director of the National Security Agency, id. ¶ 18; and

• Tamar Al-Fergany, current Head of the Anti-Corruption Authority and former Attorney General of State Security Prosecution, id.

There is no indication on the public docket that Plaintiff has served or attempted to serve process on these “Un-sued Defendants.” Rather, Plaintiff concedes that the Court lacks jurisdiction over these “Un-sued Defendants, ” but suggests that they “will be named” in the event “personal jurisdiction against [these individuals] can be obtained.” See Id. ¶¶ 15-18. Accordingly, the Court proceeds in this Opinion with respect to Plaintiffs claims against Defendant Beblawi only.

B. Procedural Posture

Plaintiff filed his Complaint on June 1, 2020. See Compl. Defendant was personally served with the Summons and Complaint on June 3, 2020. See Aff. of Service, ECF No. 9. One week later, Plaintiff filed a “Notice ” alleging that after Defendant had been served, Plaintiff's family members in Egypt had been “subject to raids in the middle of the night, ” “held at gunpoint, ” and “were asked specifically about Plaintiff Soltan.” Notice ¶ 5, ECF No. 11. Because of these alleged events, Plaintiff moved the Court for an emergency status conference to inquire about Defendant's involvement, see Pl.'s Mot. for Emergency Conf., ECF No. 12, which the Court denied, see Order, ECF No. 25. Plaintiff also cited these events in opposing Defendant's request for an extension of time to respond to the Complaint. See Pl.'s Mem. in Opp'n to Def.'s Mot. for Extension at 2, ECF No. 21 (n...