1044
774 FEDERAL REPORTER, 3d SERIES
ment, 633 F.3d 1129, 1133 n. 3 (D.C.Cir.
2011) (‘‘Ordinarily, we do not consider arguments raised for the first time on appealTTTT’’); Ark Las Vegas Restaurant
Corp. v. NLRB, 334 F.3d 99, 108 n. 4
(D.C.Cir.2003) (argument cannot be raised
for the first time at oral argument).
Holding: The Court of Appeals, Tatel,
Circuit Judge, held that evidence was sufficient to establish torture and killing to
court’s satisfaction.
Reversed and remanded.
1. International Law O10.38
IV.
We therefore affirm the district court’s
dismissal of the complaint.
So ordered.
,
HAN KIM and Yong Seok
Kim, Appellants
v.
DEMOCRATIC PEOPLE’S REPUBLIC
OF KOREA, also known as North Korea and John Does 1–10, Appellees.
No. 13–7147.
United States Court of Appeals,
District of Columbia Circuit.
Argued Nov. 20, 2014.
Decided Dec. 23, 2014.
Background: Family of religious official
brought action under the terrorism exception to the Foreign Sovereign Immunities
Act (FSIA) against the government of the
Democratic People’s Republic of Korea after the official was allegedly sent to a
penal colony, tortured, and killed. The
family appealed from the decision of the
United States District Court for the District of Columbia, 950 F.Supp.2d 29, Richard W. Roberts, J., denying entry of default judgment.
For purposes of producing evidence
that is ‘‘satisfactory to the court’’ required
for a default judgment on a claim brought
under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA),
where a plaintiff has produced compelling,
admissible evidence that the regime abducted the victim and that it routinely
tortures and kills the people it abducts, the
courts can assume that the defendant
probably tortured and killed the victim.
28 U.S.C.A. §§ 1605A(g), 1608(e).
2. International Law O10.33
Maltreatment is actionable under the
terrorism exception to the Foreign Sovereign Immunities Act (FSIA) only if purposeful and particularly harsh and that
killings are prohibited only if they occur
outside the limits of the normal legal process. 28 U.S.C.A. § 1605A(g).
3. International Law O10.33
Suffering alone is insufficient to establish a claim under the terrorism exception
of the Foreign Sovereign Immunities Act
(FSIA); to qualify as torture, the mistreatment must be purposeful, i.e., the defendant must have targeted the victim to punish him for his religious or political beliefs.
28 U.S.C.A. § 1605A(g).
4. International Law O10.38
Evidence was sufficient to establish to
the satisfaction of the court that the Democratic People’s Republic of Korea tortured and killed religious official because
of his political activities, as required for
entry of default judgment against the