By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
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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