The First Circuit indicated on Friday that it may be contemplating limits on the jurisdiction of the Torture Victims Protection Act (TVPA), a law that has been used in cases involving alleged human rights violations. The panel's comments came during a hearing in the case of Jean Morose Viliena, who is challenging a $15.5 million verdict awarded in 2023 to victims and their families. The jury found that Viliena, the former mayor of Les Irois, Haiti, was responsible for orchestrating a campaign of violence against political opponents.

The plaintiffs include the brother of Eclesiaste Boniface, who was killed in 2007, and victims of an attack and attempted murder at a Haitian radio station in 2008. These incidents were part of an alleged three-year reign of terror led by Viliena. Viliena's legal counsel, Peter Haley of Nelson Mullins Riley & Scarborough, argued that the plaintiffs had already sought justice in Haiti, where verdicts ranged from $14,000 to $17,000. Haley contended that the plaintiffs, who are Haitian nationals, had no grounds for a U.S. court claim regarding incidents that occurred in Haiti.

"This is a case where all of the parties are citizens of a foreign country, and the incidents took place in a foreign country," Haley argued. He also pointed out that the TVPA does not cover attempted crimes.

Justice Stephen Breyer, visiting the court for this case, expressed concerns about the potential for overly broad application of the TVPA. He referenced his earlier concerns in the 2004 Sosa v. Alvarez-Machain case, which involved a civil lawsuit stemming from the kidnapping and later extradition of a person involved in the death of a U.S. federal agent in Mexico. Breyer suggested that the court must take international norms into account, but noted that these norms were not always clear.

Judge Sandra Lynch cited concerns raised by the U.S. Department of Justice and the State Department when the TVPA was enacted. These concerns suggested that if the law were extended to include claims for attempted murder or lesser forms of violence, it might conflict with the Convention Against Torture and international law.

Breyer pointed out that, under the Law of Nations, the U.S. and other nations have jurisdiction over crimes such as piracy, the murder of an ambassador, and slavery, but he questioned whether other types of crimes should fall under universal jurisdiction.

Judge Lara Montecalvo asked whether the court could still affirm the jury award for other acts, even if it determined that the TVPA does not apply to attempted killings. Haley argued that the claims against Viliena were largely based on aiding and abetting, which would still exceed the statute's bounds.

Viliena is also awaiting trial on criminal visa fraud charges.

The case, David Boniface et al. v. Jean Morose Viliena, is under review by the First Circuit, with Circuit Judges Sandra Lynch and Lara Montecalvo and visiting Judge Stephen Breyer sitting on the panel. The plaintiffs are represented by attorneys from Morrison Foerster LLP, Dentons US LLP, and the Center for Justice and Accountability. Viliena is represented by Peter J. Haley of Nelson Mullins Riley & Scarborough LLP.