De Letelier v. Republic of Chile
Citation and Court
748 F.2d 790 (D.C. Cir. 1984); earlier proceedings at 488 F. Supp. 665 (D.D.C. 1980)
Facts
Orlando Letelier, former Chilean ambassador and minister, was assassinated by a car bomb in Washington, D.C. at the direction of Chile’s secret police (DINA). His estate and those of others killed in the attack sued Chile for wrongful death.
Issue
Whether Chile was immune from suit under the FSIA for the assassination of Letelier on U.S. soil, and whether the tort exception or commercial activity exception to sovereign immunity applied.
Holding
Chile was not immune because the assassination — a tort committed in the United States — fell within the FSIA’s non-commercial tort exception (28 U.S.C. § 1605(a)(5)), which removes immunity for torts occurring on U.S. soil.
Rule / Doctrine
The FSIA’s non-commercial tort exception strips a foreign state of immunity for tortious acts (or omissions of its officials or employees) occurring in the United States, causing death, personal injury, or property damage. A state-directed assassination on U.S. territory falls within this exception.
Significance
De Letelier is a landmark application of the FSIA non-commercial tort exception to state-sponsored terrorism on U.S. soil, predating the dedicated terrorism exception. It established that foreign sovereigns face U.S. jurisdiction for torts committed in the United States regardless of the sovereign character of the act.