| As El
Salvador Army Is Sued for Torture Arnold
& Porter Previews Motion to Dismiss
Dec 1
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
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SDNY COURTHOUSE,
Nov 2 – Jose Amilcar
Choto Pleitez has sued El
Salvador and a slew of
military figures, for torture,
extrajudicial killings and
other crimes against
humanity.
The lawsuit
was filed in the U.S. District
Court for the Southern
District of New York, where it
was found in the docket by
Inner City Press which covers
the SDNY, in exile from the UN
which is increasingly inactive
on such crimes.
Jose Amilcar
Choto Pleitez now lives in
Tennessee. He states that his
son was abducted by the El
Salvador Armed Forces and
presumed tortured and killed
on February 18, 2014.
Also named
in the complaint are former
Minister of Defense General
Deavid Munguia Payes, Sergeant
Santo Manuel Coreto Ramirez of
the Sixth Military Detachment
and five soldiers.
The case
was assigned to District Judge
Paul G. Gardephe; a May 20
initial conference was
scheduled.
The plaintiffs on
May 12 wrote seeking to
postpone the conference, and
filed an amended complaint.
On October 19
they wrote again, to postpone
the October 21 conference,
saying they've hired a law
firm in El Salvador to effect
service, which they say will
take two months. On October 20
Judge Gardephe moved the
initial pre-trial conference
to March 24, 2022.
In August 2022,
facing an August 22 deadline
to respond, El Salvador hired
Arnold & Porter Kaye
Scholer LLP and asked for an
extension to September 21.
Counsel for the plaintiff
opposed it, saying El Salvador
neglected the matter and
should not be given more time.
On August 17,
Judge Gardephe ruled: "MEMO
ENDORSEMENT on re: [36] Letter
filed by National Civil
Police, Republic of El
Salvador, ENDORSEMENT: The
Application is granted. SO
ORDERED (Signed by Judge Paul
G. Gardephe on 8/17/2022)
Armed Forces of El Salvador,
Armed Forces of El Salvador
answer due 9/21/2022; National
Civil Police answer due
9/21/2022; Republic of El
Salvador answer due 9/21/2022.
But Arnold and
Porter filed a pre-motion
letter previewing a motion to
dismiss. Then on November 2
Arnold & Porter wrote that
since the plaintiffs had not
responded, what it wrote was
uncontested. The plaintiff
replied "a pre-tril conference
is scheduled for December 1."
Inner City Press will stay on
the case.
The case is Choto
Pleitez v. Republic of El
Salvador, 21-cv-1424
(Gardephe).
***
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