​Torture Victim Protection Act (TVPA)

Alien Tort Statute (ATS)

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The Torture Victim Protection Act (TVPA), 28 U.S.C. § 1350 note, provides a powerful civil remedy for victims of torture or extrajudicial killing committed by individuals acting under actual or apparent authority of a foreign government. Enacted in 1991 to implement the United Nations Convention Against Torture, the TVPA allows U.S. courts to hear claims brought by both U.S. nationals and aliens, creating a direct cause of action against perpetrators of these heinous acts. It is frequently paired with the Alien Tort Statute (ATS), 28 U.S.C. § 1350, originally enacted in 1789, which grants federal jurisdiction over civil actions by aliens for torts committed in violation of the law of nations or a treaty of the United States. Together, these statutes form a vital part of the U.S. legal arsenal for addressing grave human rights abuses that occur abroad but have profound effects on victims and their families.

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At Herischi Law, we have extensive experience deploying the TVPA and ATS in tandem with other federal statutes to pursue individual officials, agents, and entities responsible for prolonged arbitrary detention, severe physical and psychological torture, enforced disappearances, targeted assassinations, and other systematic violations. Our cases often involve journalists, political dissidents, human rights defenders, and ordinary citizens who have suffered under repressive regimes. We meticulously develop evidence of “color of law” liability, causation, and damages, ensuring that claims meet the rigorous standards established by landmark Supreme Court decisions while still advancing the statutes’ core purpose of providing justice to victims.

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Our approach goes beyond litigation. We work closely with clients to document the full scope of their suffering—including long-term medical, psychological, and economic consequences—so that courts can award comprehensive compensatory and, where appropriate, punitive damages. By bringing these claims in U.S. courts, we not only seek financial remedies but also contribute to the broader development of international human rights norms, deterring future abuses and amplifying the voices of those silenced by authoritarian regimes.

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Clients who have endured torture or lost loved ones to extrajudicial killing at the hands of state actors turn to us for compassionate, strategic representation that treats their stories with the dignity and thoroughness they deserve. We guide them through every stage of the process, from initial investigation and filing through discovery and trial, while offering ongoing support to help them rebuild their lives. If you or a family member has been the victim of torture or extrajudicial harm linked to a foreign government, Herischi Law stands ready to pursue accountability and meaningful compensation on your behalf.

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Contact us confidentially to discuss your situation and explore how these statutes can provide a path to justice.