BRYAN KEITH TEW
501 West Broadway, Ste A, # 512
San Diego California, 92101
(424) 777 1468
BRYAN KEITH TEW, IN PRO PER
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BRYAN KEITH TEW
KINGDOM OF SPAIN
c/o Ministry of Foreign Affairs,
Sede Palacio de Santa Cruz
Plaza de la Provincia, 1, Madrid Spain
Does 1-100 Exclusive
Defendant(s) Case No.:
1. Plaintiff, Bryan Keith Tew, brings suit against Defendants, the Kingdom of Spain, under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq. (“FSIA”), for severe personal injuries and other irreparable harm suffered as a result of Defendants’ unlawful acts of terrorism, torture, harassment, assault and battery, manipulation and blocking of access to medical treatment and for injuries the defendants inflicted and other torts. Spanish Government agents-provocateurs engaged in a pattern of malicious conduct against Plaintiff, attempting many different set up and entrapment schemes using ‘Bait & Switch’ tactics with Community Based Agents and Law Enforcement.
2. Plaintiff is a former U.S. Department of Defense Contractor with ITT Industries, Inc. in Kosovo and a former FEMA Contractor with the Federal Emergency Management Agency under Parsons Brinkerhoff, Inc. who secretly recorded American F.B.I. committing multiple crimes and subsequently turned that recording into the hands of Attorney William Bingle, of Toledo, Ohio, before filing federal lawsuit against F.B.I. in 2011, in Louisville, Kentucky. Because of repeated violence and harassment by American Government agents, and because of compromise and corruption of that attorney, William Bingle, Whistle Blower, Bryan Tew, was forced to flee the USA and came to Spain seeking Asylum and Humanitarian Protection on or about November 3, 2019.
3. The Spanish Government (Defendants) targeted, harassed, and attacked Plaintiff, American Whistle Blower, Bryan Tew, who had sought Asylum and Humanitarian Protection within its borders, and whom they promised to abide by international law to protect as he sought humanitarian protection in their country from the American Government, and denied access to other basic human rights including desperately needed medical treatment, subjected him to torture and other cruel treatment, and manipulated his medical treatment for the unlawful purpose doing the bidding of the American Government, as well as for concessions from the U.S. Government.
4. At the time of these crimes against humanity and human rights atrocities, Bryan Tew—a national of the United States—had requested and was actively seeking Asylum within the borders of Spain. He was a fully recognized as an Asylum seeker and Refugees in Spain under international law and as provided by the United Nations Convention of Refugees and other treaties signed and agreed to by the Spanish Government, and the Spanish Government full well knew this and that I was a former contractor for the U.S. Department of Defense (ITT Industries) and for the Federal Emergency Management Agency (Parsons Brinkerhoff) who had secretly recorded the American FBI committing multiple felonies because Plaintiff told them.
5. Plaintiff had sought registration as an Asylum Claimant and Refugee through the Ministry of Interior and National Police in Spain and was awaiting my interview; was properly registered with the appropriate Spanish authorities, complied with all applicable Spanish laws and regulations, and dutifully adhered to the requirements of the Spanish Ministry of Interior responsible for Asylum Refugees who was responsible for control and oversight over the Asylum process in Spain.
6. Spanish Government had no legal basis to harass or attack or Plaintiff and by so doing breached Spanish Law and International Law.
7. Plaintiff is severely injured and crippled because of denial of access to medical treatment and manipulation of medical treatment for injuries inflicted by Spanish Government Agent Provocateurs brutally violent attacks.
8. Plaintiff is a Whistle Blower who secretly recorded the American F.B.I. committing multiple felonies on or about March 19, 2009 on Esplanade Avenue, in the French Quarter, in New Orleans, Louisiana. Afterwards, after telling his attorney he possessed the audio recording of FBI informant, Charles Wilson, telling Plaintiff to “drop lawsuit and harassment will end” the audio recording suddenly disappeared off of Plaintiffs mp3 player and Plaintiff rushed mp3 player into the hands of Attorney William Bingle, of Toledo, Ohio, along with $2000.00 (two thousand) dollars with agreement that he would have data recovery attempt to recover recording and provide a certified copy of recording before sending it in the mail.
9. Attorney William Bingle stated that he had successfully recovered recording and even described the man, Charles Wilson, who was speaking in the recording as having a “deep southern accent”. But for the next two years refused to return recording or a certified copy of recording to Plaintiff as agreed to. In fact, he and his office broke off all communication with Plaintiff and would not return Plaintiffs repeated calls emails, messages, etc., requesting the recording be returned. This resulted in Plaintiffs federal lawsuits filed against the FBI being dismissed for lack of evidence, etc. Plaintiff then came under violent attacks and threats and severe harassment with the result he was forced to flee the USA and seek asylum abroad. He arrived in Spain on or about November 3, 2019 and requested Asylum and Humanitarian Protection.
10. Plaintiffs’ nightmare began on or about November 3, 2019, when I, Bryan Tew, arrived lawfully in Spain at Adolfo Suarez International Airport, in Madrid Spain, and sought Asylum and Humanitarian Protection from Defendant Spanish Government, at National Police Headquarters and Ministry of Interior and Office of Asylum and Refugees (O.A.R.) in Madrid, Spain. I was given a date to wait for three weeks for that appointment to interview and apply and just hours before that appointment, the Spanish Government, at the request of the American Government, began attacking and harassing me with brutally violent attacks, including organized harassment and violent attacks in the streets of Madrid, just hours before my Asylum interview, for which Plaintiff was hospitalized, filed Police Reports with National Police but nothing was ever done, and attacks continued thereafter, just as initial attack had placed me in the hospital and in a cast and in a wheelchair with a dislocated shoulder and paralytic shoulder injury, spinal damage, and other injuries, causing me to miss my Asylum appointment on or about November 27, 2020 and other problems with Asylum office.
11. This was followed up by other forcefully violent attacks and harassment including the manipulation of my medical treatment to prevent proper medical diagnosis of injuries to stop any evidence from developing of the human rights atrocities that the Defendants were committing against Plaintiff. These violent attacks and harassment continued for a year as Plaintiff repeatedly tried to reapply for asylum. Spanish government agents and provocateurs proceeded to repeatedly attack and harass Plaintiff, break into Plaintiffs hotel room, remove belongings, etc., subjecting plaintiff to severe physical pain and psychological duress even while the whole time aware that Plaintiff was a Political Refugee seeking Asylum in Spain and protected by Spanish Law and International law.
12. Spanish Government rendered plaintiff a political prisoner in their country by subsequently seizing his passport for no legal or valid reason, preventing access to desperately needed medical treatment, keeping Plaintiff in a state of fear and other deplorable conditions, brutally attacked and harassed, under the guise of a decades long perpetual Interpol ‘Red Flag’ that was deliberately never enforced against Plaintiff, but utilized to keep Plaintiff from seeking help and Asylum in other countries.
13. Plaintiff had no legal recourse to address or remove or to even address with the decades long perpetual ‘Red Flag’ by Interpol and Spanish authorities knew this and having no intention of ever arresting Plaintiff, continued attacks unabated, as Plaintiff was continually attacked by both American government contractors and Spanish Government Contractors and agent provocateurs while in Spain awaiting Asylum process, being subjected to severe physical distress, psychological abuse, and in the words of a previous U.S. Department of State official, who addressed such crimes in its report concerning human rights atrocities in other countries, of what amounted to “cruel and prolonged torture” for anyone to endure at anytime and anywhere, and for any reason.
14. For over a year—from on or about November 3, 2019, to December 1, 2020—Spanish Government agents tortured and attacked Plaintiff using a cruel combination of harsh physical mistreatment and extreme psychological abuse. They forced him into prolonged solitary confinement inside hotel room because of their deliberately seizing his passport for no valid or legal reason as asylum interview had not formally occurred at that point because of injuries Plaintiff sustained at hands of Defendants, with threats of violence and violent attacks, deprived him of sleep, aggressively and relentlessly harassed him, with agent-provocateurs even moving into same hotels Plaintiff was staying in to continue same brutal tactics, denied him basic medical treatment for serious and painful injuries which they inflicted, and violently attacked and committed assault and battery against at every turn, and threatened other forms of cruel and unusual physical torture using a combination of organized harassment and manipulation of medical treatment, denying him basic human rights ascribed to every other asylum seeker, including constant set-up and entrapment attempts to frame whistle blower Bryan Tew.
15. For almost a year Plaintiff suffered from various injuries, and other health complications, because of blocked access to medical care by Spanish Government agents and their informants turned into provocateurs, including severe anxiety, paranoia, and major depression, all without adequate medical care or treatment. Spain severely and intentionally exacerbated Plaintiff’s injuries and other health problems by subjecting him to prolonged physical mistreatment and psychological torture while knowingly and deliberately denying him access to much needed medical treatment.
16. During this time his family in Columbia, South Carolina, suffered similar attacks and harassment resulting in their hospitalization at the hands of American Government agents and provocateurs, including his Aunt, resulting in her hospitalization. Plaintiffs friends were also attacked and harassed.
17. Meanwhile Spanish Government agents continued to torture and torment Plaintiff in Spain for over a year, even subsequently and unlawfully seizing Whistle Blower Bryan Tew’s Passport, which they were not legally able to do at that point, without accepting Plaintiffs formal application for asylum in writing that he was unable to accomplish up to that point because of violent attacks and threats and harassment.
18. By announcing my intention to apply for Asylum at Ministry of Interior and Office of Asylum and Refugees and with National Police, I was at that point officially recognized as such by International Law and Spanish Law, even though formal application for asylum had not yet occurred because of injuries from attacks.
19. Yet, for no valid reason and with no legal authority to do so they Spanish Police seized Plaintiff’s Passport in Barcelona Spain Airport, refusing to return it to him, so that Plaintiff could not flee to another country. Rather, knowing that Plaintiff was seeking Asylum and Humanitarian Protection from American Government Spanish National Police told Plaintiff when he demanded they return passport that they had forwarded that seized passport to the American Consulate in Barcelona Spain This was done in collaboration American Government Agents, hiding behind and using law enforcement agencies, such as Interpol, to do their dirty work as INTERPOL had perpetually ‘Red Flagged’ Plaintiff for over a two decades with no intention of ever arresting him but to prevent Plaintiff from seeking Asylum and Humanitarian Protection in other countries which he had previously fled to seeking help and to continue their illegal and clandestine operations against him under the guise of a bogus perpetual 23 year investigation that never ended.
20. During this time, Defendants physically mistreated Plaintiff, subjected him to extreme psychological abuse and duress, aggressively harassed him without end, deprived him of sleep, and violently attacked him and threatened to continue to do so.
21. As a result of such breaches of international law and extreme mistreatment, Plaintiff suffered from severe anxiety, paranoia, and other physical and psychological problems, all of which has permanently affected his relationship with family and friends and his ability to function normally in society.
22. After Plaintiff was finally able to formally apply for Asylum, despite repeated attempts blocked by violence and threats and injuries from those attacks, on September 10, 2020, the Defendants’ agents continued to follow, surveil, harass, threaten, attack and intimidate Plaintiff.
23. Defendants told him falsely that Plaintiff was under Spanish Government protection and therefore had nothing to fear while simultaneously committing brutal violent attacks of violence and organized harassment and other crimes against Plaintiff.
24. The Spanish Government severely injured Plaintiff with Spinal injuries, right paralytic shoulder injury, fractured ankle, dislocated left shoulder and other injuries and made him believe that he would die in Spain.
25. During Plaintiffs wait for new asylum interview, which had unlawfully been rescheduled for, February 2, 2021, almost 14 months after initial attempt to apply was violently blocked and after initial grant of first Asylum interview appointment by Spanish National Police for the date of on or about November 27 2019, Plaintiff continued to suffer terror, trauma, and desperation as attacks and violence never stopped.
26. In a futile effort to justify its crimes, Spain accused Plaintiff of “asylum shopping”, referring to Plaintiffs previous attempts to seek asylum and humanitarian protection in other countries which were also derailed by American Shadow Government contractors, hiding behind and using the perpetual decades long Interpol bogus ‘Red Flag’ that was issued against Plaintiff with no intention of ever arresting him, for “unspecified offenses”. But those were blatant lies, fabricated and falsified by American Government which Defendants well knew and understood
27. So stop Plaintiffs attempt to apply for asylum, they engaged in perpetual violence and harassment while continually engaging in constant set up and entrapment schemes to set up and frame Plaintiff, to convict him of manufactured crimes, and thereby increase what Spain perceived to be his “value” in any multilateral political or other dialogue with the United States or others.
28. Spain made little effort to hide the fact that it was engaging in these extra-judicial acts and that it was pure pretext for denying Plaintiff access to asylum, for setting up and entrapping Plaintiff, and thereby taking him under arrest and detainment.
29. At and after the so-called “asylum request appointment,” Spain pretended to afford Plaintiff his basic human rights as a refugee and asylum claimant, while continuing to use wanton violence and harassment all predicated upon this decades long Interpol ‘Red Flag’ investigation as a pretext to engage in these illegal and unethical extra-judicial activities against Plaintiff, while simultaneously it proffered no real evidence or witnesses to support any of the charges against him by American or International Law Enforcement Agencies.
30. The asylum process proceedings were a sham and were the corrupted through the fabricated and falsified investigations against Plaintiff with no charges ever being brought and no due process of law ever afforded to Plaintiff.
31. Spain denied Plaintiff his human right to seek asylum, illegally extended the formal application process to apply 14 months which was illegal under Spanish Law, engaged in subterfuge tactics using staff at Ministry of Interior and Office of Asylum & Refugees, even setting new asylum appointment year and two months after initial attempt to apply for asylum was blocked by their violent attacks and severe harassment and gave Plaintiff no access to medical treatment as prescribed by law but rather used these tactics to prevent access to medical treatment and to manipulate medical treatment as a pretext to seize whistle blower as psychotic or delusional by using fabricated and falsified law enforcement investigations to accomplish this, and these atrocities effectively barred him from applying for asylum and from presenting any witnesses or evidence in his asylum claim.
32. Defendants did all of this under the guise of a bogus twenty-three year investigation, started in 1997, without ever producing a single piece of real evidence against Plaintiff, despite playing along with this decades old Interpol ‘Red Flag’ Investigation designed to thwart Plaintiffs attempts to seek asylum and humanitarian protection in Spain and other countries outside of USA.
33. During the erratic course of the asylum process, the Spanish Government held sham procedures and manipulated Spanish Red Cross against him by using government informants turned into provocateurs at every point to corrupt and compromise asylum claim attempts, with new set-up and entrapment attempts often conspicuously coinciding with developments involving new attacks and harassment.
34. Although the asylum process was never completed, Plaintiff never had any real opportunity to present his case or challenge the any false evidence used in investigations against him, the Spanish Government, because of violence and organized harassment and to this day, has not allowed Plaintiff to apply for asylum and now he cannot as he was forced yet again to flee to another country because of threats and violence in Spain, to Sweden, in hopes of seeking protection from American Government agent provocateurs.
35. Plaintiff committed no crime, engaged in no illegal or unethical activity to justify such horrendous atrocities perpetrated by the Spanish Government and was never legitimately tried, convicted, or sentenced—even questioned for anything even according to ‘Spanish Standards’.
36. Spain harassed, attacked and even detained Plaintiff inside Barcelona Airport by falsely pretending to offer him assistance with asylum claim only to refuse and then unlawfully seizing his passport and refusing to return it, not because of anything he did, but rather because of Spain’s perception of his “value” as a high profile targeted individual of the United States and as a Whistle Blower whom the American Government was desperate to silence.
37. Spanish officials saw opportunity in Plaintiff as a high-profile targeted individual who would be valuable to the United States and whose torture and harassment and could be visa-visa exchanged for something or reciprocity or of significance to Spain.
38. Plaintiff acquired inside knowledge and evidence that the U.S. Department of Defense (U.S. DoD) and the American Central Intelligence Agency (CIA) were, and still are to this day, using innocent men, women and children for non-consensual training research and development in Artificial Super-Intelligence Technologies for top secret training research & development in those artificial super intelligence technologies. The Deep State (Military/Industrial Complex) is about eighty years ahead of the technology on the open market which allows them to get away with such atrocities.
39. U.S. DoD and CIA are using Exascale Remote Neural Networks to target, torture and kill victims for this research. Exascale computing refers to computing systems capable of at least one exaflop or a billion billion calculations per second. That is 50 times faster than the most powerful supercomputers being used today & represents a thousand-fold increase in the latest known technology.
40. Using Eye Gaze Tracking Systems, Cognitive Researchers, (psychiatrists, psychologists, neuroscientists, behavioral scientists, etc.) are using three Exascale Interfaces to attack, torture and kill Targeted Individuals to achieve this research: 1. Brain to Computer Interfaces (Remote Neural Networks) 2. Brain to Brain Interfaces (EEG Heterodyning) 3. Brain to Cloud Interfaces (Virtual/Augmented Reality). It is ARTIFICIAL SUPER-INTELLIGENCE technologies ‘merged’ together with Virtual AUGMENTED Cloud Interfaces known as NEURO-REALITY!
41. On September 10, 2020, Plaintiff successfully was able to reapply for Asylum Appointment, despite being severely injured by repeated attacks of Spanish Agent Provocateurs.
42. Plaintiff had been detained in Barcelona Airport after seeking Emergency Asylum help at Spanish National Police station inside airport. The National Police took my passport and initially agreed to help me after my return from Paris France, even placing Whistle Blower Bryan Tew inside a locked rook after taking my request for asylum in writing at the airport.
43. Plaintiff requested and pleaded for medical help that day but it was denied and the next day Plaintiff was only allowed to see a doctor after they denied his asylum request and seized his passport, even though an available doctor had been at the airport for 24 hours
44. The next day National Police reversed the decision and told me to go into an office in Barcelona city center to apply instead but refused to return Plaintiffs Passport.
45. Obeying I went and did as instructed but when I returned to demand my passport the Spanish Police said they had seized it and “forwarded it to the American Consulate” in Barcelona, knowing full well that I was seeking asylum and humanitarian protection from American Government in Spain.
46. Plaintiff was without passport for weeks and forced to contact American Embassy to get a new passport as the one that was taken was never returned. This is just one of the many deadly games Spanish Government used to deceive and manipulate Plaintiff.
47. Although Plaintiff survived and was able to escape Spain by fleeing to Sweden, Defendants achieved their objectives of stopping Plaintiffs Asylum Claim and by that time the Spanish Government had already inflicted deep and permanent injuries on Plaintiff.
48. For over a year, Plaintiff suffered severe physical mistreatment and severe psychological abuse in Spain while being perpetually denied access to medical care for those injuries such that he will never be the same; he will require specialized medical and other treatment for the rest of his life as he suffered extreme physical and psychological trauma.
49. For over a year, Plaintiff lived with the terror of unthinkable and deplorable conditions. With the knowledge that Plaintiff was under constant attack and Plaintiffs family and friends lived under the premise that he might not survive much longer. Plaintiffs family and friends were also under attack and suffered severe physical trauma and psychological distress, suffering their own serious health problems, all of which Spanish Government knew about and still perpetrated these atrocities against Plaintiff.
50. Plaintiffs’ pain, anguish, and anxiety will persist for many years to come. Plaintiff lives in constant fear that Spanish and American government agents are spying on him, plotting additional acts of terrorism and torture, and planning ways to hurt him and his family as they continue harassing and attacking him. Plaintiff lives in constant fear that Spanish and American governments will retaliate in some fashion against him for filing this Complaint.
51. Plaintiffs’ injuries extend well beyond the deep and lasting psychological impacts of Spanish Governments crimes. As a direct result of his mistreatment by Spanish Government and its agents, Plaintiff will never again feel safe living or working in or even near Europe as long as the current shadow government of Spain remains in power.
52. Plaintiff cannot pursue the life he had planned for the immediate future, which included starting a family, raising children, splitting his time between Spain and Ecuador, and pursuing investigative journalism careers in both countries. The career and life he led prior to these attacks abruptly came to an end when Plaintiff sought asylum in Spain after fleeing persecution, harassment, violence and death threats in America.
53. It was not necessary that Plaintiff prove every aspect of his case to be awarded asylum in Spain but only to show he is a member of a persecuted class of people inside America, namely activists, dissidents and whistle blowers who seek to expose government corruption.
54. Plaintiff now has no choice but to start over, without his job and networks of support back in America. Tragically, Plaintiff will be forever unable to reunite with family and friends because of these atrocities because they are also being attacked. Moreover, he may never again see or spend time with many other family members, friends, and colleagues outside of Spain and the United States of America after these attacks.
55. Despite the severity of his injuries, Plaintiff is committed to putting his life back together as best he can. One critical element of this effort is holding Defendants accountable in Court for the terrorism, torture, false arrest and detainment, violent attacks, and other abuses they committed against Plaintiff. Congress enacted the “terrorism exception” to the FSIA for exactly this circumstance—to provide plaintiffs with an “economic weapon” against rogue states that “consider terrorism a legitimate instrument of achieving their foreign policy goals.” H.R. Rep. No. 104-383, at 62 (1995).
56. For over thirteen months, Spain held Plaintiff in unlawful detention inside the borders of Spain, by illegally seizing Plaintiffs passport, and also terrorized plaintiff for the purpose of gaining some reciprocity or leverage with the United States for something of value to Spain. Plaintiff seeks justice and redress from this Court in order to compensate Plaintiff for his pain and suffering and to hold Spain accountable for its heinous and unlawful acts of terrorism, torture, abuse, and what amounts to hostage taking by unlawful seizure of passport preventing Plaintiff from leaving while acts of terrorism against Plaintiff continued.
57. Indeed, Plaintiff has learned there are many such victims in Spain that are extra-judicially targeted by the Spanish Government who fall under the moniker of ‘Targeted Individuals’, people targeted by the government because of their activism, etc.
58. Plaintiff, Bryan Tew, was born and raised in the United States. He is a U.S. citizen and a resident of California. Bryan is the son of an American mother, Patricia Townes, still alive and an American father, Raymond Lamar Tew, who is now deceased. Spanish law confers citizenship on anyone who successfully applies for asylum and who followed the laws applicable to become a citizen, and as such Plaintiff sought dual citizenship, including by route of being a refugee and asylum seeker, which is now no longer an option to Plaintiff.
59. Bryan Tew was a U.S. Department of Defense sub-contractor with ITT Industries and with the Federal Emergency Management Agency under Parsons Brinkerhoff. Plaintiff was held effectively held hostage after Spanish Police unlawfully seized and refused to return his passport, where he was subjected to severe physical and psychological trauma, including microwave attacks resulting in severe acoustic trauma and nerve damage to both ears, medically diagnosed by doctors in Ecuador and Nicaragua.
60. Plaintiff was intimidated, disoriented, and harassed and attacked while waiting in Spain for asylum claim to be adjudicated; deliberately denied access to medical treatment; physically and psychologically abused; and faced with threats of constant physical violence. Plaintiff was also denied timely and adequate medical care for serious medical conditions and illnesses including severe injuries to shoulders, spine and ankle.
61. Defendant the Kingdom of Spain is a foreign state is a so-called republic with an elected head of government and a head of state and a Constitution, and a standing parliament and judiciary which interprets the Constitution and, unfortunately a secret shadow government (intelligence agencies) and deep state (military/industrial complex) which supervises elections, laws, media, transit and just about everything else and exercises significant influence over the legislative, executive, and judicial branches of government.
62. Spanish Shadow Government (Ministry of Defense & Intelligence Agencies) and Deep State (Military/Industrial Complex) is generally understood to operate in the hidden crevices of government and to be the most reactionary, powerful, and oppressive faction of the Spanish Government although it remains hidden from public view, unanswerable to the legislature, judiciary or constitution and acts with impunity apart from the law as it sees fit.
63. As such, Defendants, and other responsible agencies or instrumentalities of the Government of Spain, are each and collectively a “foreign state” within the meaning of the FSIA. See 28 U.S.C. § 1603.
JURISDICTION AND VENUE
64. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1330, 1331, and 1605A.
65. This action falls within the “terrorism exception” to sovereign immunity under the FSIA, 28 U.S.C. § 1605A(a)(1), which provides, in relevant part, that “[a] foreign state shall not be immune from the jurisdiction of courts of the United States … in any case … in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture … [or] hostage taking … if such act … is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency.”
66. This suit seeks monetary damages against Spain and its agencies and instrumentalities for injury and harm caused to the Plaintiffs by acts of terrorism, torture, violence and hostage taking by unlawful seizure and refusal to return of his passport, trapping Plaintiff in Spain Hence he pursues this action against Defendants.
67. These acts of terrorism, torture, assault and battery, and other torts were perpetrated by officials, members, and agents of the Spanish Government and other agent-provocateurs and instrumentalities of Spain while acting within the scope of their official capacities.
68. Plaintiff is a U.S. citizen and national of the United States within the meaning of the FSIA and was such at the time of the acts of torture, terror and hostage taking alleged herein. See 28 U.S.C. § 1605A(a)(2)(A)(ii) (“The court shall hear a claim under [the FSIA] if … the claimant or the victim was, at the time the act … occurred a national of the United States.”).
69. Defendant Spain, is by its very actions against plaintiff and other targeted individuals a rightfully designated “state sponsor of terrorism” for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, and section 40 of the Arms Export Control Act, and thus Defendants are a “state sponsor of terrorism” within the meaning of the FSIA. See 28 U.S.C. § 1605A(a)(2)(A)(i)(I) (“The court shall hear a claim under [the FSIA] if … the foreign state was designated as a state sponsor of terrorism at the time the act … occurred[.]”). No country or its government institutions can be immune from the laws of natural justice. Spain is a state sponsor of terrorism against its own citizens and the citizens of other countries who seek shelter inside its borders.
70. Venue for a civil action against a foreign state lies in this Court pursuant to 28 U.S.C. § 1391(f)(4) (venue is proper in the United States District Court for the District of Columbia “if the action is brought against a foreign state or political subdivision thereof”).
STATEMENT OF FACTS
I. BRYAN TEW’s PROFESSIONAL PATH AND CAREER AS A CONTRACTOR FOR U.S. DEPARTMENT OF DEFENSE AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY
71. Bryan Tew was born in Augusta, Georgia in 1967, and was raised in nearby Richmond County, Georgia. His mother, Patricia Rushing, and his father, Raymond Tew, were born in Dothan, Alabama.
72. Bryan attended University of Georgia and the University of Liverpool to pursue degrees in Religion and Law.
73. On or about May 2004, after leaving the Ohio National Guard Bryan Tew accepted a position as a Security Contractor with ITT Industries, Inc. to work in Kosovo with the U.S. Department of Defense and in 2005 Bryan Tew accepted a position as a Catastrophic Field Adjuster with Parsons Brinkerhoff, Inc. to work with the Federal Emergency Management Agency (FEMA) in the Gulf region of the United States.
74. Bryan complied with law and never had any significant problems with American authorities. Bryan Tew reported violations by peacekeepers in 2005 and quit his job in disgust with U.S. DoD to return home to America and take up a position with FEMA. In 2007/2008, things began to unravel as Bryan noticed increased harassment back home, similar to that which he had experienced in Kosovo, but Bryan was never the subject of any known formal complaint or investigation.
II. INCREASE IN VIOLENT ATTACKS AND HARASSMENT OF WHISTLE BLOWER BRYAN TEW IN USA BEFORE ARRIVAL IN SPAIN
75. In 2007, Bryan left FEMA contract in New Orleans, Louisiana to accept another position with another company, but harassment continued. Whistle Blower Bryan Tew reported being the subject of organized harassment to the local police, but they did nothing to stop it. Organized Stalking is a violent and deadly phenomena used by the American Government to neutralize activists, dissidents and whistle blowers, or any one the government considers a threat.
76. Harassment continued back in USA from 2007-2009 and in 2008/2009 became very severe with violent attacks in the streets of New Orleans which continued even after Plaintiff left New Orleans for other cities in USA to escape harassment and violent attacks, some so severe that injuries required hospitalization.
77. That harassment and violence continued from 2010 through 2013 and was accompanied by constant set up and entrapment attempts, threats of violence and more severe street harassment, by government informants, even attempting to set up and entrap Plaintiff by getting Whistle Blower, Bryan Tew, to buy drugs, or take drugs, honey traps, the planting of drugs on Plaintiffs personal property, etc. to such an extent that in 2010, after Plaintiff had been tipped off it was the FBI, by a woman working inside a hotel in Florence Kentucky, that Plaintiff was forced to file federal lawsuit against FBI in Louisville KY after he realized that the audio recording that he previously secretly made on or about March 19 2009 was not of private investigators but of an FBI Informant, Charles Wilson, of Esplanade Avenue, in the French Quarter, in New Orleans Louisiana, who worked for ‘Community Based Agent’. Kevin Fucich, of Kevin Fucich Investigations, Inc., telling Plaintiff to “drop your lawsuit and harassment will end”.
78. One day after filing that federal lawsuit in 2011, in Louisville Kentucky, plaintiff was suddenly attacked with directed energy so severe that it not only caused severe pulsating pain to head and ears but constant ringing in his ears and trauma and nerve damage to ears, but also targeting other internal organs, even causing heart to flutter rapidly.
79. As a result, Plaintiff fled USA in 2013 seeking Asylum and Humanitarian Protection abroad. Those attacks continue to this day, January 24, 2021, as of the typing of this lawsuit, and Plaintiff possesses medical evidence to prove they occurred and are still occurring.
80. Plaintiff arrived in Madrid Spain on or about November 3, 2019, seeking Asylum and Humanitarian Protection. American Government has systematically corrupted and destroyed evidence and gone to every effort to prevent Whistle Blower from safely seeking Asylum abroad including in other countries including Spain.
III. SPANISH GOVERNMENT ILLEGALLY SEIZES PLAINTIFF’S PASSPORT DETAINS WHISTLE BLOWER BRYAN TEW FOR NO VALID CAUSE
81. Not only was Plaintiffs passport illegally and unethically seized by Spanish Police but during that same time period that Plaintiff was without passport, Plaintiff went to hospital and told doctors he had been targeted with some kind directed energy, causing ringing in the ears and acoustic trauma and nerve damage to ears, and phosphenes in eyes, all of which were diagnosed and confirmed by doctors which plaintiff showed them the medical evidence of and Spanish doctors and nurses held and pinned Plaintiff to gurney table in emergency room forcibly holding him down, pinning down Plaintiff, before sending him to Psych Ward where Spanish Psychiatrists found nothing wrong with Plaintiff that they should hold plaintiff and stated as such that just ‘because a person claims they have been attacked with some kind of energy is not grounds to commit them to a psych ward’.
82. It was done at the request and behest of Spanish Government contractors doing the bidding of the American Government to stop and derail Plaintiffs asylum claim, discredit plaintiff, and seize Plaintiff. Psychiatrists stated nothing was done or said by me to be grounds to do such a thing and let me go. Days before this occurred Spanish Police demanded my passport at Barcelona Airport and then refused to return it for no legal or valid reason, effectively holding Plaintiff hostage, preventing Plaintiff at that time from departing Spain, for weeks. American Government Contractors were and still are targeting Whistle Blower Bryan Tew, to stop Plaintiff from exposing American Government Atrocities.
83. Plaintiff suffers from injuries consistent with being attacked with microwaves, similar to the symptoms suffered by the American Embassy personnel which doctors have labeled as the ‘Havanna Syndrome’ and U.S. Department of Defense and CIA have publicly acknowledged was consistent with a microwave attack. The trauma and nerve damage to Plaintiffs ears has been diagnosed and confirmed by doctors in Ecuador and Nicaragua and Plaintiffs Human Rights Attorney, Diego Corral, in Quito Ecuador, stated the medical evidence provided by doctors was “irrefutable proof” that such attacks had occurred.
84. Plaintiff was forced to endure directed energy torture, extensive physical mistreatment by government informants turned into provocateurs, and psychological abuse, including harsh and relentless harassment, including threats of violence and death, prolonged periods of solitary confinement caused by violence and harassment forcing Plaintiff to withdraw into hotel room, and other cruel, degrading, and inhumane treatment. While forced into solitary confinement, Plaintiff suffered from anxiety and depression, as attacks and harassment continued each time Whistle Blower Bryan Tew left hotel.
85. Plaintiff was repeatedly denied adequate medical care and attention during his detention and false imprisonment inside the borders of Spain with no passport and unable to function and survive normally without identification as well as because of constant harassment and attacks.
86. Each time Plaintiff would try and seek medical help more harassment and attacks would occur, and set up and entrapment attempts by Spanish Government using its informants to try an seize Whistle Blower Bryan Tew, even holding over his head the possibility of more entrapment by medical professionals to try and stop asylum claim and discredit whistle blower by saying Plaintiff was delusional when Plaintiff possessed video footage of the attacks as they occurred and police reports.
87. Plaintiff not only suffers from severe trauma to ears nerve damage and hearing loss from attacks, but damage to heart and cardiovascular system, which worsens in times of acute stress. Yet, Spanish Government deprived him of desperately needed medical treatment to such an extent that Plaintiff is permanently crippled by violent attacks of Spanish Government informants and perpetrators turned into agent-provocateurs. Defendants were acutely aware that without medical treatment that Plaintiffs injuries were increasingly life-threatening problems, and these deadly injuries only added to Plaintiffs stress. All of this achieved under the guise of a bogus twenty-three year ‘Red Flag’ investigation by INTERPOL when Plaintiff was never questioned or arrested or charged with any offense and offered no due process under law.
88. It became obvious that Plaintiff was never going to be arrested as they had no case against him but that INTERPOL ‘Red Flag’ was just a means to an end to keep Whistle Blower under 24/7 surveillance and to corrupt any attempt by Whistle Blower Bryan Tew to seek help and Asylum in other countries.
89. Despite many requests by Plaintiff to Spanish Police for help, and despite many Police Reports from Plaintiff of violent attacks and harassment, police never did anything to help and often went to great efforts to prevent police reports being filed and properly investigated. Police took portions from Plaintiffs responses, translated them into Spanish, and then attempted to force Plaintiff to sign them without explaining what the revised and translated reports stated. Police in Barcelona Airport even tried to force Plaintiff to state in writing that he was withdrawing his request for asylum before they would allow him to see a doctor or afford him any further help. It was done to provide government officials with a pre-textual & pre-oral justification for illegal and unethical human rights atrocities committed by them against Plaintiff.
90. Plaintiff was verbally abused by Police and by police informants and provocateurs and subjected to harsh physical mistreatment and severe psychological torment.
91. ‘ORGANIZED STALKING’ & ‘GAS LIGHTING’ are how Shadow Government Contractors constantly provoke, discredit and set up & entrap their victims, to neutralize activists, dissidents & whistle blowers or anyone they consider a threat.
92. The Government Contractors, rely on a global paradigm already in place to keep an Army of Informants turned into provocateurs, forcing the targeted individual into various Scripted Mind Games where the victim is forced to respond to function & survive. They are achieving this by hiding behind and using law enforcement agencies to do their extra-judicial dirty work.
93. It is often a violent, and sometimes deadly game, based on the ‘OCCAM RAZOR PRINCIPLE’, and other models of deception & manipulation, such as the HYPER GAME THEORY, and is not an isolated event, but a tactic used against me many times over the last 23 years, and to many other targeted individuals.
94. It involves repetitive reinforcement using tactics which can be explained away to the casual observer. So, they sensitize the whistle blower to the gas lighting & stalking with repetitive attacks and when the target finally responds to the repeated daily minor or severe social aggressions, the delusional or ‘mentally unstable’ depiction is reinforced.
95. At that point, the government informants & perpetrators, turned into provocateurs, then pull ‘BAIT & SWITCH’ with law enforcement & the whistle blower is set up and entrapped.
96. Plaintiffs physical condition deteriorated to such an extent that, by the time of he was able to get out of Spain, he no longer could sit without severe pain and without losing feeling in his legs because of increased spinal damage from violent attacks, had suffered a fractured ankle, dislocated left shoulder and paralytic right shoulder injury, still unable to get medical treatment.
97. Plaintiff’s injuries are so severe he can no longer work. No longer seek gainful employment. Bryan will require medical treatment for life because injuries are permanent. He lives in constant pain and suffering every day, including psychological suffering and trauma. All of which were deliberately and maliciously inflicted on Plaintiff by Spanish Government authorities.
98. Plaintiffs new asylum interview in Spain was set for February 26, 2021, a year and 4 months (16 months) after his initial interview was set up in November 28 2019 and which he was unable to attend because he was in hospital from violent attacks and now unable to attend new asylum hearing because of violence, as forced rather to flee Spain. This is a tactic used against me before in other countries I have requested Asylum and Humanitarian protection, such as Ecuador. Brutally violent attacks and organized harassment.
99. The Asylum Claim and Process in Spain was a ‘complete sham’! Despite Plaintiffs repeated requests to speak to a lawyer no lawyer was ever given or appointed, and only after Plaintiff was actually in the process of fleeing Spain did a lawyer finally contact him, a full year and one month (14 months) after Plaintiff tried to initially apply for asylum.
100. When Plaintiff was briefly able to access shelter in Spain, he was forced to leave shelter because of severe harassment and attacks inside shelters and refugee camps. The above-mentioned atrocities are similar to tactics used against plaintiff in other refugee camps, in other countries, where he has sought asylum. By law, Plaintiff was entitled to legal representation, a fair asylum claims and hearing and medical treatment but could not access any of it because of constant harassment, attacks and set up and entrapment schemes.
101. As Plaintiff waited for his asylum claim to be ajudicated he was routinely and repeatedly harassed and attacked. Plaintiff’s attempt to claim asylum in Spain was a mixed state of shame and fear. He was shunned by friends and neighbors, repeatedly harassed and threatened with physical violence. He feared constantly for his life and physical safety. Plaintiff pleaded for help, but none was offered and in fact the reverse happened as instead of helping plaintiff, as they were required to do under Spanish law, the Defendants repeatedly hurt Plaintiff.
IV. EVIDENCE OF HOSTAGE TAKING
102. For purposes of the FSIA, “hostage taking” requires only that the hostage taker sought to influence third parties by holding the plaintiff hostage. The inquiry “focuses on the state of mind of the hostage taker” and does not require the plaintiff to demonstrate that the hostage taker ever communicated its demands to a third party. Simpson v. Socialist People’s Libyan Arab Jamahiriya, 470 F.3d 356, 357 (D.C. Cir. 2006). Here, Defendants plainly had the state of mind of a hostage taker and repeatedly communicated their intent to unlawfully detain and hold their victim by unlawfully seizing Plaintiffs passport and refusing to return it for which they never gave a valid reason, or any reason for that matter. Plaintiff believed that Defendants were holding on to him, by unlawful detention and the seizure of Plaintiffs passport, primarily to control Plaintiff’s travel and to induce his compliance.
103. Defendants used medical professionals, that were government informants and perpetrators turned into provocateurs, DENIED Plaintiff access to legal or medical help and attempted to coerce Plaintiff into false statements that would justify their unlawful actions against him. When Plaintiff responded that he was simply a whistle blower and an activist being persecuted by American Government, he was told this was unacceptable because it was not believable that the U.S. Government would do such a thing when in fact the U.S. Government has a history of persecuting whistle blowers and activists as the F.B.I.’s COINTELPRO history clearly reveals.
104. Spain also has an extensive, well-documented history of persecution of activists, dissidents and whistle blowers, from the Spanish Civil War, under General Francisco Franco, to the present day. The conditions and treatment afforded Plaintiff were strikingly similar to part of a pattern and practice of severe mistreatment and abuse of other targeted individuals exercised by Spain in the past and present. Until the United Nations or the European Court of Human Rights threatens or punished Spain and provides some political or economic incentive to stop its extra-judicial punishment of activists, dissidents and whistle blowers, it will continue unabated. This requires victims’, like myself to seek out overseas courts, international tribunals and international organizations and lawyers to shift political pressure from the Spanish National Government to international bodies to stop these atrocities.
105. Plaintiff’s experience is just one example of Spain’s systematic targeting of innocent people perceived by Spain to be valuable pawns in its relations with other countries. It has engaged in such activities against ‘targeted individuals’ as part of a pattern and practice of behavior in which illegal actions were directed against such people for political purposes. These purposes included coercing political refugees into false confessions and using extra-judicial tactics for setting up and entrapping them.
V. INJURIES TO PLAINTIFF
106. Plaintiff’s unlawful arrest and subsequent detention have caused severe and enduring physical, psychological, and emotional injuries.
a. Plaintiff was deprived of critical medical care throughout his sham asylum process and unlawful detention in Spain, with attacks causing him a fractured left ankle, lumbar spinal damage, dislocated left shoulder and paralytic right shoulder injury. On information and belief, Plaintiff spent this entire period of inside the borders of Spain, including while unlawfully detained through illegal seizure of passport, in and around constant organized harassment, violence, set-up and entrapment schemes and the deliberate and malicious infliction of physical and psychological trauma through violent attacks. He suffered nerve damage and acoustic trauma to ears from a stream energy or microwaves targeting whistle blower daily. Plaintiff continues to be affected by these physical and psychological injuries and requires continuing medical care.
b. Throughout his asylum claim in Spain and during that unlawful detention in Spain, Plaintiff was forced – without cause – into solitary confinement inside his hotel room because of violent attacks and organized harassment, causing him psychological distress and mental anguish. While in Spain, Plaintiff suffered this extreme humiliation and forced isolation coupled with brutal violent attacks and relentless organized harassment causing Plaintiff to suffer excruciating mental emotional psychological trauma.
c. During and after his experience, Plaintiff suffered severe depression and emotional anguish resulting from his unlawful detention after the brutal violent attacks and subsequent seizure of his passport for weeks. Believing he had no hope of a fair asylum hearing and would never leave Spain alive, he suffered further crippling injuries by the exacerbation of injuries from his inability to access medical treatment that Defendants were legally required to provide. His repeated pleas for help to police and Ministry of Interior and Spanish Red Cross went unheeded as well as Plaintiffs continuous requests for medical treatment and Plaintiff ended up having to pay out of pocket for the little medical treatment he could afford including for his depression, fear, anxiety, and night terrors. His pleas for help were ignored and no medical care was provided for his physical pain and trauma or psychological distress outside of the emergency room.
d. Plaintiff continues to suffer from anxiety, depression, sleeplessness, lack of focus, short-term memory loss, and other symptoms associated with post-traumatic stress disorder.
e. These conditions adversely affect Plaintiff’s ability to lead a normal life. He often suffers from anxiety attacks when in large crowds and noisy locations, especially caused from acoustic trauma and nerve damage to ears from directed energy attacks which has been diagnosed by doctors and which Plaintiff has medical evidence to prove. These episodes cause Plaintiff great embarrassment and have forced him to psychologically shut down.
f. Plaintiff was also targeted at churches and other religious and public settings and now is afraid to even go outside as Post Traumatic Stress Disorder symptoms are severe preventing personal and professional opportunities that would require his presence in crowded environments.
g. Defendants’ false detention, organized harassment and violence against Plaintiff has permanently affected Plaintiff’s relationship with his family and friends, who are also being targeted and attacked back home in the USA with organized harassment and directed energy attacks, including constant break-ins into their home, organized harassment, vandalism of property and other gas lighting tactics, despite the fact that my families next door neighbor was Special Agent in Charge of the FBI for Columbia South Carolina.
h. Plaintiff suffers from feelings of guilt as a result of what the other has suffered and the pain caused to his extended family and friends. Plaintiff constantly fears for his safety and for the safety of his family and friends.
i. Plaintiff has suffered emotionally because of the disrupted relationships with his family and friends. He has grown more detached and fears this impact to be permanent.
107. Plaintiff has also suffered direct financial loss as a result of the violence and harassment which resulted in permanent and crippling injuries as well as his unlawful detention. He is unable to return to his home country of United States and has incurred significant expenses, including the loss of rent, property, and deposits, as a result.
108. Plaintiff dedicated a decade of his life to becoming an activist against American Government crimes and atrocities against innocent men, women and children who are being targeted for non-consensual training research and development in Artificial Super-Intelligence technologies. As a victim himself, Plaintiff was uniquely positioned to report on such atrocities with sensitivity to victims’ interests. Because of Defendants’ actions against Plaintiff, he is incapable of returning to activism and thus is no longer able to report on American Government human rights atrocities as just getting out of bed each day is a chore because of pain and suffering from injuries deliberately and maliciously inflicted by Defendants. Defendants have effectively stripped Plaintiff of much of his personhood and livelihood resulting in extreme mental anguish and emotional pain and suffering.
PERSONAL INJURIES CAUSED BY HOSTAGE TAKING & TORTURE
109. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
110. The FSIA confers jurisdiction on the courts and creates an independent federal cause of action to recover for injuries sustained as a result of terrorist acts, including but not limited to such as hostage taking or torture. Under the statute, Plaintiffs must prove that (1) there was an act of “hostage taking” or “torture”; (2) the act was committed by the foreign state or “an official, employee, or agent of such foreign state”; (3) the act “caused” (4) “personal injury or death” (5) “for which the courts of the United States may maintain jurisdiction under this section for money damages.” 28 U.S.C. § 1605A(a)(1) & (c); accord Valencia v. Islamic Republic of Iran, 774 F. Supp. 2d 1, 10-11 (D.D.C. 2010).
111. Seizing an individual to extract or obtain and advantage or reciprocity from the United States and others is hostage taking within the definition of the FSIA. E.g., Massie v. Gov’t of Democratic People’s Republic of Korea, 592 F. Supp. 2d 57, 67-69, 74 (D.D.C. 2008); Daliberti v. Republic of Iraq, 146 F. Supp. 2d 19, 25 (D.D.C. 2001). A plaintiff need not show that the hostage taker actually extracted such concessions, or even that it communicated its intent to do so, Simpson v. Socialist People’s Libyan Arab Jamahiriya, 470 F.3d 356, 357 (D.C. Cir. 2006), although in this case Defendants did both.
112. Plaintiffs passport and person was seized by Defendants on September 9, 2020, when unidentified Spanish Police illegally took and refused to return his passport in Barcelona Airport, after releasing him from a locked room for a night, in Barcelona Spain, initially promising to help him with Asylum Request because of danger to life and physical safety, and then the next morning suddenly refusing to help but keeping his passport for no lawful or valid reason.
113. Plaintiff was released from locked detention inside airport but never returned passport. As a result Plaintiff was unlawfully detained inside the borders of Spain with no identification or passport of any kind, from September 10 2020, until on or about November 16, 2020, effectually imprisoned inside the borders of Spain without any due process and never made aware of the reasons why passport was illegally seized and never returned. Bryan Tew was not allowed access to counsel or lawyer for the asylum process for the entire duration of thirteen months during the entire time of his asylum process and repeated requests for help from police, much of which he spent in forced solitary confinement inside of hotel for lack of passport and fear of attacks and harassment.
114. There is significant and compelling evidence that Jason was seized to extract an advantage from the United States:
a. INTERPOL illegally and unethically kept a perpetual ‘Red Flag’ for many years on Plaintiff, with no due process under color of law, filed by American Government, against Whistle Blower, Bryan Tew, for many years, with no intention of ever arresting Plaintiff but to keep him under constant surveillance and from successfully seeking asylum in Spain and other countries which Spanish Government was well aware of as Plaintiff had been inside of country of Spain in past several years for several visits. No attacks were ever made on plaintiff in Spain until he applied for Asylum and Humanitarian Protection.
b. Throughout his unlawful detention and throughout the entire asylum process Defendants and their agent-provocateurs made numerous statements indicating that Plaintiff had never successfully completed the Asylum Process, knowing that this was because of the repeated attacks and harassment and injuries that Defendants deliberately and maliciously inflicted on Plaintiff.
c. The purported legal proceedings for the asylum process to which Plaintiff was subject were a complete sham created only for pretextual purposes with no intention of ever affording the right of asylum to Plaintiff. As such Plaintiff was never afforded due process of law or any due administrative process under asylum procedures. He had no meaningful ability to defend himself from the violent attacks, harassment and constant deception and manipulation during the asylum process and the constant denial and manipulation of his medical treatment perpetrated by Defendants, who presented no evidence ever showing that Plaintiff had engaged in any illegal activities and in fact engaged in a pattern of illegal and unethical activities to set-up and entrap Plaintiff. The wholesale lack of evidence and the deception and manipulation perpetrated against Plaintiff confirms that he was attacked, harassed, detained and denied access to asylum and medical treatment because of his unique status as a whistle blower and activist.
115. The illegal seizure of Plaintiffs passport resulted in prolonged detention unable to leave the borders of Spain without any valid reason ever being given, and no reason of any kind ever offered by National Police for that matter, and the deliberate violent attacks resulted in severe paralytic physical injuries. At the same time Plaintiff was denied necessary medical care and medication. The full measure of Bryan Tew’s physical injuries is not yet apparent because Plaintiff has still been unable to receive medical treatment because of the global game perpetrated against him by American Government in the Schengen Zone and around the world. Defendants knew Plaintiff was seeking asylum and humanitarian protection from American Government and notwithstanding this unlawfully seized his passport and told him they had forwarded it to American Consulate forcing Plaintiff into repeated engagements with American Embassy personnel. American Government provocateurs have stolen Plaintiffs passport three different times in the past.
116. Plaintiff suffered and continues to suffer from acute physical, psychological and emotional injury and other pain and suffering as a direct result of his inability to receive medical treatment and unlawful detention and physical abuse in Spain—which included forced solitary confinement in hotel room for weeks with no passport for fear of more violent attacks, lack of medical care, inadequate nutrition, relentless organized harassment, physical distress, intimidation and disorientation, and denial of due process. While in Spain, Plaintiff experienced severe depression and despair. Since his departure from Spain, he has had trouble sleeping and has experienced issues with concentration as well as other symptoms of post-traumatic stress disorder and because of his inability to receive medical treatment his physical condition has severely deteriorated. His relationships with his family and friends have been permanently compromised by these attacks and experiences during his unjust and illegal imprisonment.
117. Plaintiff’s injuries from violent attacks and harassment has resulted and will continue to result in economic injury. At the time of his asylum process, Plaintiff was still able to function and survive somewhat normally but his unlawful detention, violent attacks, and organized harassment has resulted in reputational harm, loss of his network, loss of his credentials, and loss of general access to help or medical treatment inside Schengen Zone. Thus, as a result of Defendants’ actions and injuries inflicted, Plaintiff can no longer pursue his gainful employment or career. He is unable to even return to Spain or America, a country he loved and about which he had developed specific affections for up until that time, and where he had intended to live and raise a family. Moreover, the physical and psychological injuries he experienced will require medical and psychological treatment for the rest of his life.
PERSONAL INJURY CAUSED BY TORTURE
118. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
119. Under the terrorism exception to the FSIA, torture is defined to “have the meaning given … in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note).” 28 U.S.C. § 1605A(h)(7). The Torture Victim Protection Act defines torture as “any act, directed against an individual in the offender’s custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind.” Pub. L. No. 102-256, § 3(b)(1), 106 Stat. 73, 73 (1992), codified at 28 U.S.C. § 1350 (note).
120. Plaintiff was in the default custody or control of Defendants during asylum process once they unlawfully seized his passport and during time in which Defendants gave no reason whatsoever for unlawfully seizing Plaintiffs passport and refused to return it. During that thirteen-month span, Plaintiff was relentlessly harassed and repeatedly attacked. He was subjected to constant threats, including threats of incarceration in a prison or mental institution and death and violence. In addition to threatening Plaintiff, Defendants threatened to take his property and Plaintiff suffered loss of property on multiple occasions as he attempted multiple times to leave Spain by plane for Ecuador and other countries but was prevented by Defendants.
121. Bryan Tew was subjected to severe physical and psychological stress and strain. He was intimidated, disoriented, attacked and harassed even inside hotels and shelters and asylum refugee camps; and physically threatened, psychologically abused, and faced with threats to his safety and security.
122. Plaintiff was denied access to appropriate medical care and medical facilities. This deprivation of basic care caused Plaintiffs physical condition to severely deteriorate. What was minor ligament damage to right shoulder became a paralytic shoulder injury due to months of no medical care despite Plaintiffs constant pleas for medical help. Plaintiff also suffered spinal damage and fractured ankle and dislocated left shoulder from attacks and was denied access to basic medical care and had that same medical treatment manipulated to prevent medical evidence of those attacks.
123. The extreme isolation and denial of medical treatment caused Plaintiff severe physical emotional and psychological anguish, extreme distress, and prolonged pain and suffering to this day.
124. Defendants’ mistreatment of Plaintiff constitutes torture within the meaning of the FSIA. See Kilburn v. Islamic Republic of Iran, 699 F. Supp. 2d 136, 152 (D.D.C. 2010) (finding victim experienced torture in the form of “beatings, unsanitary conditions, inadequate medical care, and mock proceedings”); Regier v. Islamic Republic of Iran, 281 F. Supp. 2d 87, 91-92, 97 (D.D.C. 2003) (finding victim “tortured” when captors threatened him with death, confined him in “deplorable and inhumane conditions” for 65 days, and subjected him to psychological torment, such as falsely telling him “that he was about to be released”), abrogated on other grounds, 353 F.3d 1024 (D.C. Cir. 2004); Jenco v. Islamic Republic of Iran, 154 F. Supp. 2d 27, 32 (D.D.C. 2001) (finding “deprivation of adequate food and medical care for 564 days amounts to torture”); Sutherland v. Islamic Republic of Iran, 151 F. Supp. 2d 27, 45 (D.D.C. 2001) (finding long term false detention and “deprivation of medical care” constituted torture).
125. Defendants’ torture of Plaintiff resulted in physical injury, including that caused by untreated or poorly treated medical conditions.
126. Defendants’ torture of Bryan Tew resulted in severe psychological and emotional injuries, including symptoms of post-traumatic stress disorder, major depression.
127. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
128. “An actor is subject to liability to another for assault if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) the other is thereby put in such imminent apprehension.” Restatement (Second) of Torts § 21 (Am. Law Inst. 1965).
129. Torture under the FSIA constitutes assault because “acts of terrorism are, by their very nature, intended to harm and to terrify by instilling fear of further harm.” Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52, 76 (D.D.C. 2010).
130. Plaintiff was tortured by Defendants, resulting in harmful contact and an imminent apprehension of such harmful contact.
131. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
132. “An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful contact with the person of the other directly or indirectly results.” Restatement (Second) of Torts § 13 (Am. Law Inst. 1965). “Harmful contact is that which results in ‘any physical impairment of the condition of another’s body, or physical pain or illness.’” Valore, 700 F. Supp. at 77 (quoting Restatement (Second) of Torts § 13).
133. Torture under the FSIA constitutes battery because “acts of terrorism are, by their very nature, intended to harm and to terrify by instilling fear of [such] harm.” Roth v. Islamic Republic of Iran, 78 F. Supp. 3d 379, 400 (D.D.C. 2015) (noting that Plaintiff was killed by a bombing and thus met with “harmful contact”) (internal quotation omitted).
134. Bryan Tew was tortured by Defendants, resulting in harmful contact and fear of such harmful contact.
135. While under unlawful detention by Defendants’ after they illegally took his passport effectively detaining him inside Spain with no right to leave country, Plaintiff was routinely subjected to harmful and offensive contact, including being forcibly attacked and knocked around, being harassed by medical professionals.
136. Plaintiffs family and friends are also under attack.
137. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
138. “(1) An actor is subject to liability to another for false imprisonment if (a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and (b) his act directly or indirectly results in such a confinement of the other, and (c) the other is conscious of the confinement or is harmed by it.” Restatement (Second) of Torts § 35.
139. The unlawful detainment and seizure f passport of U.S. citizens by Defendants constitutes false imprisonment. See, e.g., Jenco, 154 F. Supp. 2d at 34; Sutherland, 151 F. Supp. 2d at 49. Defendants knew I was in Spain seeking Asylum from American Government persecution but deliberately forwarded my passport, which they illegally seized and refused to return, to American Consulate in Barcelona.
140. Defendants unlawfully detained Bryan Tew by seizure of his passport and by default of the brutal mistreatment and prolonged attacks, and made him their political prisoner, and breached his human rights. Plaintiff was aware of this illegal detention and unable to do anything because of violent attacks and for a time no passport or identification. Plaintiff has suffered and continues to suffer physical, economic, emotional, and psychological harm as a result of this illegal detention and violence.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
141. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
142. “An actor who by extreme and outrageous conduct intentionally or recklessly causes severe emotional harm to another is subject to liability for that emotional harm and, if the emotional harm causes bodily harm, also for the bodily harm.” Restatement (Third) of Torts: Liability for Physical & Emotional Harm § 46 (Am. Law Inst. 2012); accord Valencia, 774 F. Supp. 2d at 14; Acosta v. Islamic Republic of Iran, 574 F. Supp. 2d 15, 28 (D.D.C. 2008).
143. “All acts of terrorism are by their very definition extreme and outrageous and intended to cause the highest degree of emotional distress.” Estate of Heiser v. Islamic Republic of Iran, 659 F. Supp. 2d 20, 27 (D.D.C. 2009) (quoting Stethem v. Islamic Republic of Iran, 201 F. Supp. 2d 78, 89 (D.D.C. 2002)). Acts of terrorism under the FSIA—such as torture—are therefore “sufficiently outrageous and intended to inflict severe emotional harm” to impose liability on defendants. Thuneibat v. Syrian Arab Republic, No. 12-cv-00020, 2016 WL 829870, at *10 (D.D.C. Mar. 1, 2016) (quoting Heiser, 659 F. Supp. 2d at 27).
144. By establishing that he was tortured by Defendants and that emotional distress resulted, Plaintiff has established his right to recovery for intentional infliction of emotional distress. See Roth, 78 F. Supp. 3d at 400-401; Valencia, 774 F. Supp. 2d at 14.
145. Defendants’ conduct in inflicting torture upon him caused Bryan to suffer severe emotional harm, including depression, symptoms of post-traumatic stress disorder, and irreparable harm to his relationships with his friends and family. Those above-mentioned acts, which inflicted severe physical and mental pain and suffering, satisfy the definition of torture under the FSIA.
146. Defendants’ conduct in inflicting torture upon him caused Plaintiff to suffer severe emotional harm, including persistent feelings of guilt that have adversely altered his relationships with others and his psychological makeup.
147. “An actor who by extreme and outrageous conduct intentionally or recklessly causes severe emotional harm to another is subject to liability for that emotional harm and, if the emotional harm causes bodily harm, also for the bodily harm.” Restatement (Third) of Torts: Liability for Physical & Emotional Harm § 46; accord Valencia, 774 F. Supp. 2d at 14; Acosta, 574 F. Supp. 2d at 28.
148. “All acts of terrorism are by their very definition extreme and outrageous and intended to cause the highest degree of emotional distress, literally, terror, in their targeted audience.” Heiser, 659 F. Supp. 2d at 27 (quoting Stethem, 201 F. Supp. 2d at 89).
LOSS OF PROPERTY
149. Plaintiff incorporates by reference the allegations of the preceding paragraphs.
150. The FSIA allows for recovery for “reasonably foreseeable property loss … by reason of the same acts on which the action … is based.” 28 U.S.C. § 1605A(d). Section 1605A(d) “contains two causation elements: (1) the property loss must come ‘by reason of’ the [hostage taking or torture], and (2) the property loss must be a ‘reasonably foreseeable’ result of [hostage taking or torture].” Oveissi v. Islamic Republic of Iran, 879 F. Supp. 2d 44, 57 (D.D.C. 2012).
151. As a result of his unlawful seizure of passport and assaults and batteries as well as unlawful detention, Plaintiff is unable to return to Spain. He has incurred significant expenses, including the loss of rent, property, and deposits, as a result. These losses occurred “by reason of” and were a “reasonably foreseeable” result of his harm and detention.
152. Plaintiff expended significant time and resources because of violence and harassment. These expenses and opportunity costs occurred “by reason of” and were a “reasonably foreseeable” consequence of Defendants’ torture of Bryan Tew.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs demand judgment against all Defendants and respectfully request the following relief:
153. Plaintiff is entitled to compensatory damages for personal injury, assault, battery, and unjust detainment suffered as a result of hostage taking and torture.
154. Plaintiff is entitled to damages for unlawful detention (under 28 U.S.C. § 1605A(c)).
155. Plaintiff is entitled to special damages and other compensation for property loss suffered as a result of his unlawful detention.
156. Plaintiff is entitled to consequential damages for their lost earning potential and other long-term damages.
157. Plaintiff is entitled to aggravated damages for Defendants’ cruelty, torture, and abuse.
158. Plaintiff is entitled to disgorgement damages for Defendants’ unlawful monetary and other benefits received from American Government obtained in exchange for any torture and unlawful detention.
159. Plaintiff is otherwise entitled to general damages and all other applicable damages.
160. Punitive damages should be assessed (under 28 U.S.C. § 1605A(c)).
161. The Court should award Plaintiff his full costs and attorneys’ fees as incidental damages and as otherwise appropriate.
162. The Court should grant such further and other relief as this Court deems just and proper.
/s/ Bryan Keith Tew
DATED: January 24, 2021
/s/ Bryan Keith Tew
Bryan K Tew
In Pro Per