On November 30, 2009, the United States District Court for the District of Columbia dismissed the complaint in the matter Asemani v. Syrian Arab Republic, docket no. 09-1158, on the basis of the defendant's immunity under the Foreign Sovereign Immunities Act.

The plaintiff alleged that he was tortured on July 14, 2000 by several members of the Iranian Revolutionary Guards Corps in Tehran. He claimed that the Syrian Arab Republic was liable for his personal injury because Syrian military and intelligence agents informed Iranian authorities of his religious dissent. This exchange of information, he claimed, proximately caused his torture and resulting injuries.

The court noted that foreign states are not immune from claims for damages based on personal injury … caused by an act of torture under 28 U.S.C. §1605A, the most recent amendment to the FSIA. However, in order for the plaintiff to be awarded damages, he must show that "the foreign sovereign engaged in conduct that falls within the ambit of the statute,"i.e. here by providing material support for an act of torture.

Upon reviewing the definition of material support as defined in 18 U.S.C. §2339A, the court determined that Syria's relaying of information to Asemani's torturers fell short of the statutory definition of 'material support'. -- Laura P. Valle, legal assistant, Berliner, Corcoran & Rowe, LLP, Washington D.C.