32 356 FEDERAL SUPPLEMENT, 3d SERIES designated when claim is filed; (2) claimant or victim was, at time of act, United States national; (3) in case in which act occurred in foreign state against which claim has been brought, claimant has afforded foreign state reasonable opportunity to arbitrate claim; and (4) plaintiff seeks monetary damages for personal injury or death caused by torture, extrajudicial killing, aircraft sabotage, hostage taking, or provision of material support or resources for such act, if engaged in by official, employee, or agent of foreign country. 28 U.S.C.A. § 1605A. 14. International Law O10.33 Parents’ action against Democratic People’s Republic of Korea (North Korea) to recover damages for their son’s torture, hostage taking, and extrajudicial killing fell within scope of Foreign Sovereign Immunities Act’s (FSIA) terrorism exception, even though North Korea was not designated state sponsor of terrorism at time of events in question; North Korea was subsequently designated state sponsor of terrorism in part due to son’s detention and abusive treatment resulting in his death, parents were United States citizens, North Korea did not respond to parents’ offer to arbitrate, and North Korea more likely than not barbarically tortured son to extract false confession and then, after proceeding characterized by North Korea as ‘‘trial,’’ used his lengthy sentence as leverage against United States to further North Korea’s own foreign policy objectives. 16. International Law O10.33 Suffering alone is insufficient to establish claim under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception; to qualify as torture, mistreatment must be purposeful—that is, defendant must have targeted victim, for instance, to punish him for his religious or political beliefs. 28 U.S.C.A. § 1605A(a)(1). 17. International Law O10.33 In order to lose its sovereign immunity pursuant to Foreign Sovereign Immunities Act’s (FSIA) terrorism exception, foreign state must impose suffering cruelly and deliberately, rather than as unforeseen or unavoidable incident of some legitimate end. 28 U.S.C.A. § 1605A(a)(1). 15. International Law O10.33 18. Evidence O571(9) International Law O10.38 There was sufficient evidence that Democratic People’s Republic of Korea (North Korea) tortured American student to support invocation of Foreign Sovereign Immunities Act’s (FSIA) terrorism exception, even though ascertaining precisely what North Korea did to cut off blood flow to his brain, rendering him blind, deaf, and brain dead, was not forensically doable, where experts testified that North Korea routinely used torture to obtain false confessions, that crime to which he was forced to confess carried penalty of particularly brutal treatment, that North Korea likely seized him to further its policy goals, and that several torture methods regularly employed by North Korea were consistent with his condition when he returned to United States. 28 U.S.C.A. §§ 1350(note), 1605A(a)(1). To establish torture, for purposes of Foreign Sovereign Immunities Act’s (FSIA) terrorism exception, plaintiffs must show that conduct was sufficiently severe and purposeful. 28 U.S.C.A. § 1605A(h)(7). 19. International Law O10.38 There was sufficient evidence that Democratic People’s Republic of Korea (North Korea) took American student hostage to support invocation of Foreign Sovereign Immunities Act’s (FSIA) terrorism