Germany mum on lawsuit
Germany has blamed its absence in New York on not being served papers, but the contrary is true with papers served at the Washington embassy.
The German government said it was not served with court papers for the federal class action lawsuit in New York in the United States filed against them by the descendants of the OvaHerero and Nama people seeking restorative justice for the 1904-1908 genocide.
Representatives of the German genocide victims from the Ovaherero and Nama communities appeared for a pre-trial conference on 16 March with their lawyer Kenneth McCallion, but Germany failed to send a lawyer to state its case.
The case that was filed under the Alien Tort Statute was heard by Judge Laura Taylor Swain.
In a statement last week, German ambassador to Namibia Christian Schlaga said “Germany´s knowledge about this court case is solely based on media reporting.”
He further explained that as a standing rule, the German government does not comment on pending court cases.
Documents however show that the German government was in fact served with summons on 5 January this year by order of the clerk of the court, K. Lopez.
The summons was delivered to the German embassy in Washington DC.
A statement issued by the OvaHerero Traditional Authority (OTA) communications officer, Bob Kandetu, stated that Germany only has one chance left to respond or participate, and that failure to do so would result in a default judgment being issued against the German government.
“After these preliminary interactions, Judge Swain ordered that a second complaint be issued against Germany in terms of the Hague Convention, giving Germany until 21 July 2017 for the next pre-trial conference. Should Germany again ignore the proceedings, victims will be entitled to approach the court and apply for default judgement against Germany,” said Kandetu.
Meanwhile, the chairperson of the Nama Genocide Technical Committee, Ida Hoffman said Germany's failure to appear in court is “a slap in the face,” and a manifestation of Germany's utter disdain for African people.
She however noted that they have full confidence in Judge Swain.
Jurisdiction
According to local historian Festus Muundjua, the Alien Tort Claims Act that was founded in 1789, grants jurisdiction to any United States Federal Court to preside over human rights cases in other countries.
“If those people have no other recourse they can appeal to a US court under this law, in other words, this law has universal jurisdiction over crimes against humanity,” he explained.
JEMIMA BEUKES
Representatives of the German genocide victims from the Ovaherero and Nama communities appeared for a pre-trial conference on 16 March with their lawyer Kenneth McCallion, but Germany failed to send a lawyer to state its case.
The case that was filed under the Alien Tort Statute was heard by Judge Laura Taylor Swain.
In a statement last week, German ambassador to Namibia Christian Schlaga said “Germany´s knowledge about this court case is solely based on media reporting.”
He further explained that as a standing rule, the German government does not comment on pending court cases.
Documents however show that the German government was in fact served with summons on 5 January this year by order of the clerk of the court, K. Lopez.
The summons was delivered to the German embassy in Washington DC.
A statement issued by the OvaHerero Traditional Authority (OTA) communications officer, Bob Kandetu, stated that Germany only has one chance left to respond or participate, and that failure to do so would result in a default judgment being issued against the German government.
“After these preliminary interactions, Judge Swain ordered that a second complaint be issued against Germany in terms of the Hague Convention, giving Germany until 21 July 2017 for the next pre-trial conference. Should Germany again ignore the proceedings, victims will be entitled to approach the court and apply for default judgement against Germany,” said Kandetu.
Meanwhile, the chairperson of the Nama Genocide Technical Committee, Ida Hoffman said Germany's failure to appear in court is “a slap in the face,” and a manifestation of Germany's utter disdain for African people.
She however noted that they have full confidence in Judge Swain.
Jurisdiction
According to local historian Festus Muundjua, the Alien Tort Claims Act that was founded in 1789, grants jurisdiction to any United States Federal Court to preside over human rights cases in other countries.
“If those people have no other recourse they can appeal to a US court under this law, in other words, this law has universal jurisdiction over crimes against humanity,” he explained.
JEMIMA BEUKES
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