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Paul Rusesabagina (NDLA: Creator: Erik Mårtensson/TT | Credit: TT Nyhetsbyrån CC BY-NC-SA 4.0) |
PRI The World's Marco Werman has an interview with journalist and author Michela Wrong about the latest in the case. I wrote about the case in February.
Besides the concerning criminal proceeding in Kigali, the luring in 2020 of Rusesabagina, a Belgian citizen and U.S. resident, from his San Antonio, Texas, home to his abduction on a Dubai flight purportedly bound for Burundi spawned a lawsuit in the United States. Claiming under the alien tort statute (ATS) and Torture Victim Protection Act (TVPA), Rusesabagina's family sued GainJet, the Athens-based airline that conveyed Rusesabagina in his abduction to Kigali, and Constantin Niyomwungere, who the complaint alleges was a Rwandan agent pretending to be a pastor conveying Rusesabagina to speak in Burundi.
Upon news of the criminal conviction, I thought it time to check the docket in Rusesabagina v. GainJet Aviation S.A. (Court Listener; see also family statement on conviction and more at Rusesabagina Foundation). Regrettably, there is little of substance to report. As one might expect, the plaintiffs have struggled with service of process.
The complaint was filed in the Western District of Texas in December 2020. In May, plaintiffs reported to the court their intention to drop Niyomwungere from the lawsuit. Plaintiffs wrote that Niyomungere "gave statements to the Rwanda Investigation Bureau in February and August of 2020 admitting that he had helped to kidnap Mr. Rusesabagina." However, plaintiffs wrote, Niyomwungere is believed to reside in Burundi, and Burundi is not a signatory to the Hague Service Convention.
Meanwhile, plaintiffs had had service on alleged "co-conspirator" GainJet translated into Greek and delivered to Greek authorities under the Hague convention. In the latest docket entries, in late August, GainJet returned a waiver of service of summons without waiving any defense of jurisdiction or venue.
Plaintiffs re-alleged in the May report that GainJet told Rusesabagina he was aboard a flight to Burundi. Then "Gainjet’s pilot and flight crew stood idly by and watched as Mr. Rusesabagina was tied up by the hands and legs, his eyes covered, and his mouth gagged," plaintiffs further alleged, and GainJet accepted payment from the Rwandan government.
A private charter service, GainJet does fly to the United States. In 2019, the U.S. Soccer Women's National Team flew home from the World Cup in France on a GainJet 757 to New York. But I've not been able to identify any GainJet office or assets in the United States. That bodes ill for having a federal district court in Texas exercise jurisdiction.
At the same time, GainJet holds itself out worldwide, and in English, as a luxury charter service. Ongoing association with the Rusesabagina case can't be good for business amid the jet set.
A defense response in the case is due in late October.
