HAN KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 950 F.Supp.2d 29 (D.D.C. 2013)
for abuse to constitute torture it must be
inflicted intentionally, not merely incidentally. Id. at 93 (‘‘In order to lose its
sovereign immunity, a foreign state must
impose suffering cruelly and deliberately,
rather than as the unforeseen or unavoidable incident of some legitimate end.’’).
In light of this meaning, the court found
insufficient to waive sovereign immunity
allegations that plaintiffs were held for
approximately three months in a political
prison where they allegedly ‘‘endured deplorable conditions while incarcerated, including
urine-soaked
mattresses,
a
cramped cell with substandard plumbing
that they were forced to share with seven
other inmates, a lack of medical care, and
inadequate food,’’ and further ‘‘were
kicked, clubbed and beaten by prison
guards, and interrogated and subjected to
physical, mental and verbal abuse.’’ Id. at
86 (internal quotations omitted). The
Price court further found the complaint
inadequate because it ‘‘says virtually nothing about the purpose of the alleged torture.’’ Id. at 94; see also Simpson v.
Socialist People’s Libyan Arab Jamahiriya, 326 F.3d 230, 234 (D.C.Cir.2003) (finding allegations of forcibly removing passenger from cruise ship, holding passenger
incommunicado and threatening her with
death if she moved from her quarters did
not rise to the level of torture under the
FSIA and state a claim).
[1, 2] Price considered the sufficiency
of torture allegations when the defendants
moved to dismiss the complaint for lack
of subject matter jurisdiction. Price’s
reasoning is equally instructive for determining whether a plaintiff in a default
proceeding has established subject matter
jurisdiction. When a court reviews unchallenged factual allegations on a motion
to dismiss, the allegations are assumed to
be true for purposes of assessing subject
matter jurisdiction. Price, 294 F.3d at
93. Similarly, for the purposes of exam-
33
ining subject matter jurisdiction on a motion for entry of default under the FSIA,
courts accept the plaintiffs’ factual allegations as true. Sisso v. Islamic Republic
of Iran, 448 F.Supp.2d 76, 81 & n. 5
(D.D.C.2006) (reasoning on motion for entry of default in FSIA proceeding that
court was ‘‘preclude[d] TTT at this stage of
the litigation from making factual findings that are inconsistent with the allegations of the complaint’’ and explicitly accepted ‘‘all of plaintiffs’ factual allegations
as true[.]’’). However, to establish subject matter jurisdiction, the allegations
must be sufficiently detailed. At the
pleadings stage, the Price court accordingly found inadequate the allegations before it, holding that
plaintiffs’ complaint offers no useful details about the nature of the kicking,
clubbing, and beatings that plaintiffs allegedly suffered. As a result, there is
no way to determine from the present
complaint the severity of plaintiffs’ alleged beatings—including their frequency, duration, the parts of the body at
which they were aimed, and the weapons
used to carry them out—in order to
ensure that they satisfy the TVPA’s rigorous definition of torture.
Price, 294 F.3d at 93. Beyond the pleadings stage, plaintiffs ‘‘have to prove the
merits of their claims before they can obtain a default judgment ’’ and ‘‘the evidence they present will have to provide
support’’ for the theories of liability they
allege. Sisso, 448 F.Supp.2d at 79 n. 2. It
follows that plaintiffs must provide sufficiently detailed proof of their allegations
that DPRK agents tortured Reverend Kim
in order to ensure that the conduct ‘‘satisf[ies] the TVPA’s rigorous definition of
torture.’’ Price, 294 F.3d at 93.
II.
STANDARDS
JUDGMENT
FOR
DEFAULT
Default judgment against a foreign state
shall be entered only where a plaintiff