Petition for Rehearing — Victoria Elia Kaldawi, Petitioner v. State of Kuwait, et al.

CASE No: 18-5530

IN THE

SUPREME COURT OF THE UNITED STATES

VICTORIA ELlA KALDAWI

Petitioner (Pro se)

vs.

STATE OF KUWAIT,

MINISTRY OF INTERIOR,

MAJOR GENERAL FAHED AHMAD AL-FAHED,

MAJOR GENERAL ABDULLAH ABDUL-RAHMAN AL-FARES,

MAJOR GENERAL ABDUL-RAHMAN AL-SUHEIL,

And DOES 1-10 inclusive,

Respondent(s)

ON PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS NINTH CIRCUIT

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PETITION FOR REHEARING

By: VICTORIA ELlA KALDAWTI

Petitioner (Pro Se)

22729B Nadine Circle

Torrance, CA.90505, USA

Tel: 1-310-5035933

Date: November 7, 2018

NOV 192018

1

I.'

TABLE OF CONTENTS

Page

iii

TABLE OF AUTHORITIES

.

CASES ................................................................................................. iii

STATUTES AND RULES .......................................................................iv

PETITION FOR REHEARING .....................................................................1

INTRODUCTION..........................................................................................3

REASONS FOR GRANTING THE PETITION ...............................................7

RESPONDENTS WERE SERVED PROPERLY ALL PLEADINGS

PER HAGUE CONVENTION ................................................................7

THREE INDIVIDUAL RESPONDENTS ARE FORMER KUWAITI

GOVT. AGENTS WHO HAVE NO SOVEREIGN IMMUNITY

AND HAVE ESTABLISHED MINIMUM CONTACT IN USA .....................8

RESPONDENTS ARE RESPONSIBLE FOR ENFORCED

DISSAPPEARANCE CRIME COMMITTED AGAINST PETITIONER

VICTORIA on JULY 4TH till July 8th, 1995 ................................................9

IV.RESPONDENTS FOREIGN STATE OF KUWAIT AND ITS

MINISTRY OF INTERIOR ATR NOT IMMUNE

RE EXCEPTIONS TO FSIA. ................................................................. 12

JASTA ..............................................................................................12

COMMERCIAL ACTIVITY ...............................................................14

CONCLUSION...........................................................................................14

CERTIFICATE OF PETITIONER (Pro se) ..................................................16

11

TABLE OF AUTHORITIES

CASES

Page(s)

Altmann v. Republic of Austria

541 Us 677, 691, 124, S.Ct.2240-2249 (2004) .........................................14

Burnett v. Kingdom of Saudi Arabia

1:03-cv-09849-GBD, 741 (3/7/2017) .......................................................13

Dianna Ortiz v. Guatemala

Case 10.526, Report No. 31/96, (1997) .....................................................9

Doe v. Bin Laden, et al.,

No. 09-4958 (2d Cir. 2011) ...................................................................13

Samantar v. Yousuf,

560 U.S. 305 & 130 S.Ct. 2278 (2010) ......................................................9

The Underwriting Members of Lloyd's Syndicate 53 et al. v. K. Saudi Arabia,

1:17-cv-02129-UA (3/23/2017) ...............................................................13

1:03-md-01570-GBD-SN et al v. Kingdom of Saudi Arabia ......................... 14

111

STATUTES AND RULES

FEDERAL STATUTORY AUTHORITIES

Page

28 U.S.C. § 1330 (a), (b) ..............................................................................................8

28 U.S.C. § 1603 (a) ...............................................................................13, 14

28 U.S.C. § 1603 (b) ...............................................................................13, 14

28 U.S.C. § 1603 (d) ...................................................................................14

28 U.S.C. § 1603 (e) ....................................................................................14

28 U.S.C. § 1605 (a)(2) ...............................................................................14

28 U.S.C. § 1605A (a)(1) ...........................................................................13

28 U.S.0 § 1605A (a)(2)(A)(ii)(I) .................................................................13

28 U.S.C. § 1605B (a)(1) .............................................................................13

28 U.S.C. § 1605B (b)(2) ...............................................................................13

28 U.S.C. § 1605B (c) ...................................................................................13

28 U.S.C. § 1608 (a)(2), (b)(2), (c)(2).............................................................. 7

28 U.S.C. § 1608 (a)(3) ................................................................................... 7

28 U.S.C. § 1608 (d) ......................................................................................7

28 U.S.C. § 1608 (e) ......................................................................................7

Other:

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UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) .......................12

U.S. CONSTITUTION AMENDMENTS .................................................12

THE GENERAL ASSEMBLY RESOLUTION 47/133, (DEC. 18,1992) .........10

THE INTER-AMERICAN CONVENTION 1996 ARTICLE 24 ...................11

INTERNATIONAL CONVENTION, 2006 ..............................................11

iv

PETITION FOR REHEARING

I, Victoria Elia Kaldawi, Petitioner (Pro se), Petitions For Rehearing pursuant

to The Supreme Court's Rule 44, filed within 25 days of the Supreme Court's Decision

in this case.

Petitioner Victoria Elia Kaldawi, hereby, respectfully MOVES and BEGS the

Supreme Court of the United States

-

WIC, TO GRANT MY PETITION FOR

REHEARING; TO VACATE COURT'S ORDER OF OCTOBER 12, 2018, which

Denied My Petition For Writ Of Certiorari Filed August 5, 2018; TO GRANT MY

PETITION FOR WRIT OF CERTIORARI; TO CONSIDER MY CASE WITH MERITS

BRIEFING AND ORAL ARGUMENT (when then per Rule 28:7, Petitioner Victoria

will be with a reputable Human Rights Lawyer, who is a current member of The

Us Supreme Court's Bar, who will argue orally on side of Petitioner, as Counsel

per Rule 37 by Leave of Court); and TO WEIGH THE PREVIOUSLY

UNCONSIDERED STATUTES RE EXCEPTIONS TO FSIA THAT APPLY TO MY

CASE: JASTA AND COMMERCIAL ACTIVITY as US COURT HAS SUBJECT

MATTER JURISDICTION IN MY CASE; and the Reasons OF DENIAL and

DISMISSAL of My LEGITIMATE LAWFUL JUST CASE, STATED by US Appellate

court & US District Court of Los Angeles, Are WRONG and Very UNLAWFUL and

BASED ON LEGAL ERRORS, as they REVERSED DOCUMENTED FACTS of my

case WITH FALSE STATEMENTS AGAINST THE TRUTHFUL EVENTS and facts

of Proper Serving of all Pleadings and Motions to all Respondents.

THIS IS MY LAST FINAL RESORT FOR JUSTICE IN UNITED STATES OF

AMERICA FEDERAL COURTS, as A USA CITIZEN WOMAN, VICTIM OF MANY

CRIMES AGAINST HUMANITY, WHO HAVE BEEN WITH MY UNIVERSAL CRY,

1

BATTLING FOR JUSTICE, for 23 YEARS from USA & KUWAIT, and for 4 1/4 Years

in US FEDERAL COURTS till Now Crying for Justice from Supreme Court of US.

As I, Petitioner Victoria, add another Claim in this Petition, a substantial

ground not previously presented, another Cause Of Action, a New Essential

Criminal Act of ENFORCEABLE DISAPPEARANCE against me Petitioner

Victoria, a VICTIM OF SUCH INTERNATIONAL CRIME and of GROSS

VIOLATIONS OF US & INTERNATIONAL HUMAN RIGHTS LAWS, that sums up

& add to all my alleged claims of crimes committed against me in my Complaint.

I BESEECH YOUR HONORABLE JUSTICES of the Supreme Court of the

United States: Honorable CHIEF JUSTICE JOHN ROBERTS, Honorable Associate

Justices: Honorable JUSTICE CLARENCE THOMAS; Honorable JUSTICE RUTH

BADER GINSBURG; Honorable JUSTICE STEPHEN BREYER; Honorable

JUSTICE SAMUEL ALITO; Honorable JUSTICE SONIA SOTOMAYOR; Honorable

JUSTICE ELENA KAGAN; Honorable JUSTICE NEIL GORSUCH; and Honorable

JUSTICE BRETT KAVANAUGH; to Grant my Petition for Rehearing.

Your Honorable Justices, please Have Mercy on me for Justice. Your Justices

Title & Position means Ones who give Ultimate Justice to the Victims of Crimes.

Please Unite as Republicans and Democrats in One Voice for Truth and Justice

as: One US Citizens for One Nation under One God whom the Whole World

considers the Mother of the World. God who is Love, our Creator and Just Ruler

with his Laws of Love above all Mans' Laws, who never forsakes and created us

all equal as Human Beings. And whether your Honors supported JASTA or not, as

it applies to my case, as an Exception to FSIA.

2

Though my Case is influenced by Political Intervention, it is not meant to hurt

MONEY RELATIONS BETWEEN USA MY HOMELAND AND ITS BEST ALLY

KUWAIT MY BIRTH LAND or their reputation and I Have Great Hope in

Humanitarian Leader Amir Of Kuwait Sheikh Sabah Al-Ahmad Al-Sabah, to

RECONCILE With Me; as well in Your Honorable Justices of the Supreme Court,

TO STAND BY ME FOR JUSTICE, to take God Fearing Just Actions to help me.

INTRODUCTION

While Petitioner Victoria's case is in the Supreme Court of the United States,

for Ruling in Conference, at same time there are other current similar criminal

cases happening in the world and are dealt with in US Federal Courts re JASTA, so

the Supreme Court of USA WDC should be concerned about these wrong deadly

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horrible crimes, that are repeatedly happening, as we the People care about it in

America, and as the whole world condemns these too.

Same scenario to what happened to Petitioner Victoria, who Was Killed Alive,

is like what horribly happened to Victim Late Jamal Khashoggi, the Saudi

Journalist, Washington Post Columnist, who went missing on October 2, as he was killed

brutally and viciously by Beasts, with orders from higher Saudi Govt. Officials, inside

the Saudi Consulate in Istanbul. As the whole world stood up, though he was a

Resident and not a US Citizen. Khashoggi's disappearance caused bipartisan

support in the US Senate for a more thorough investigation into his disappearance. This

cadre of Senators has invoked the Global Magnitsky of 2016, which, relevant to this case,

authorizes the USA President to impose sanctions against any foreign entity

found responsible, for criminal actions in this case and all other related cases.

3

Same with Petitioner Victoria, a US Citizen, who was Abducted, and Tortured

Under Color Of Law and Disappeared 4 days, but sadly the US Embassy in Kuwait,

knew about me but forsaken me and didn't rescue me, as their Foreign Service

National Consular & other officers abandoned me to get persecuted in collusion

and In Conspiracy with unlawful Kuwaiti Respondents Al-Fahed, and Al-Fares, so

THEY PARTNERED IN CRIMES AGAINST ME, due to Prejudice and

Discrimination & Favoring Oil and Money over a US Citizen's Woman Human Life.

Per Letter from US Embassy in Kuwait, dated March 1, 1997, Writ of

Certiorari's Appendix C-8, by US Consul, who Stated and Admitted that:

"Officers in US Embassy were transferred from Kuwait; and the US Embassy

WERE NOTIFIED of MY DETENTION; and WENT TO Kuwait Security Service

Building where I WAS DETAINED few miles away, but they intentionally

WERE 4 DAYS LATE, more than 96 HOURS; then they were informed that I

WAS DEPORTED." (I comment add: who MISHANDLED my case, TO HIDE

THEIR MISCONDUCT).

Victoria Elia Kaldawi, Petitioner

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pro Se, is a Loyal US Citizen Peacemaker

Christian Catholic Woman of God, originally from Lebanon, born in Kuwait, an

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Immigrant, a Resident of California, in Los Angeles since 1986, who is a VICTIM

of ENFORCEABLE DISAPPEARANCE, Another cause of action:

On July 4, 1995, When two Kuwait Men dressed in Kuwaiti costume: white long

robes, not in uniforms, arrived and had been waiting for me all day, Petitioner

Victoria, to return home, as they forced their way into my home in Kuwait City,

in the afternoon, while I was preparing joyfully to attend the celebration of our

USA Independence Day invited by US Ambassador Ryan Crocker, from my homerented apartment, where I resided and operated my work while I was involved in

Commercial Activity after Liberation, doing business in a post-Gulf war

4

reconstruction in Kuwait (as a Consultant, representing American Companies to

do Business in Kuwait specialized in Mines cleaning and Oil; and I published "Kuwait

International Directory 1994-Economic, Investment & Touristic" for Respondent

State of Kuwait, first of its kind in its history, as I received an Award from

Minister of Foreign Affairs (who is today his Highness Amir) and many letters of

appreciation from Kuwaiti Government. Then they called their supervisor "AlSuheil", and they didn't allow me to use my phone to call for help, or to go to US

Embassy celebration, then after the 3 Men searched my home without a search

warrant, and stole many of my personal and business belongings, they abducted

me forcefully, without giving any reasons, or producing any arrest warrant,

without saying who they are or on whose authority they are acting, they dragged

me off towards their car. They drove me far to an unknown building.

They used violence in the process, as they forcibly pushed me into a dark cell,

against my will after I fainted, where I WAS BRUTALLY HIDDEN, DETAINED ON

THE FLOOR, PERSECUTED, ASSAULTED AND TORTURED OVER 24 HOURS,

FOR 4 DAYS AND NIGHTS, without any legal reason. When I was screaming for help,

they ran away with me as the two agents told me then that they didn't want anyone to see

what they're doing to me. The Guard of cell wondered what I was doing there as my file

was clean and he told me that the US Embassy was notified about me. And when I cried:

"I am an American Citizen with rights and you can't do this to me, how dare you",

they made it worse and they took me by car a long drive to another building in desert,

to finger print and created a false file with fabricated claims against me to make it appear

that I had committed a crime, and added False Accusations of "Prostitution & other

false reasons "Security Related" and as a Persona Non Grata Unwanted".

Then I was forcibly deported by unlawful, retaliatory expulsion from Kuwait

on July 8, 1995 to Lebanon instead of USA (where I reside with my parents in Los

Angeles, California), with no money or any winter clothes, as I couldn't take much of my

belongings with me. After 6 months of sickness & suffering alone in Lebanon, I returned

back home in the US on Christmas Eve, Dec.24, 1995, to My Eager Awaiting Loving Kind

Late Beloved Parents: my Mother Georgette & Father Ella Kaldawi, who suffered

with me greatly for all these years, from all such crimes.

Respondents 3 Agents in this case who worked then for Respondent Ministry

of Interior as "Al-Fahed" was Head of Security and former Business Partner of

Petitioner; "Al-Fares" was Head of Kuwaiti Intelligence & "Al-Suheil" was Colonel

then; Destroyed. Ruined & Shattered My Life In Every Way & KILLED me ALIVE

BRUTALLY, as I am bleeding till today, and I Suffered and Lost A Lot, as many

believed such false accusations against me and condemned me which Destroyed

my goodwill and my good reputation as a Single Woman till today. Deeply Scarred.

Another Victim of their Actions, is US Citizen, Mr. David Martin, of "Martin

Explosives" whom I represented to do business in Kuwait in 1991, whom he also

Enforceably Disappeared and Was Found Dead In Bahrain (but surely he was

killed), where he was buried and wasn't returned home to USA, as he was directly

in touch with and getting business orders from Respondent Al-Fahed, after their

loss of the $llMillion Dollar Contract that I signed on my own efforts, as their

Agent, after they betrayed me with my commission, then after I refused to do any

more business dealings with Al-Fahed, who offered me $45K to be business Partners.

Another Victim Egyptian Nurse Married Mother Woman who refused to have an

affair with Respondent Al-Fares (who had sexual toys in his government office that he

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shows and he had displayed to me when I was in his office and I had rejected that), she was

deported from Kuwait by him with False Accusations of Prostitution on her file, and such

kills, ruins and destroys a married woman's life & family in her culture and killed her father.

The U.S.A.'s role should be for Justice, to demand that all Governments,

especially those of our Allies, abide by Human Rights Standards, and to fully

support any national or supranational measures to task those governments which

fail to do so.

Governments should hold human rights abusers accountable, as

the perpetrators have been protected by governments which instigate and

condone such abuses and by common acceptance of male violence against women.

REASONS FOR GRANTING THE PETITION FOR REHEARING

Rehearing is essential for the Supreme Court of the United States, to consider

the following substantial questions and intervening circumstances of a

substantial and controlling effect:

I. RESPONDENTS IN THIS CASE, WERE SERVED PROPERLY All

Pleadings Per Hague Service Convention based on Title 28 U.S.C. §1608 (e), to

State of Kuwait: thru Kuwait Central Authority at its Ministry of Justice, with

Request of Service forms mailed to each: Its Minister of Foreign Affairs; its

Minister of Interior and to all 3 Individual Respondents, as requested by Federal

Court, delivered on May 14, 2015, by FedEx with poof of Service filed in court, pursuant

to 28 U.S.C. § 1608(a)(2) and (b)(2)1 and (c)(2), and they failed to reply in 6 Months.

As Petitioner Victoria was instructed by the US State Department and their

International Law Dept. about proper Foreign Service thru Kuwait Central

Authority per Hague Convention.

7

The United States signed the Hague Convention which defines the laws and

establishes mechanisms for the peaceful settlement of international disputes.

Still these are serious issues in front of the Supreme Court of US today re

Harrison v. Islamic Republic of Sudan, No.14-121 (2d Cir. 2015), whether they

properly served Sudan, as to what constitutes proper service on a Foreign Entity.

But it's about the ruling against Sudan would harm international relations and

endanger the US government's legal position in the world, while the legal issue in

the case is a directive in the FSIA that notice of any legal action against a foreign

government be "addressed and dispatched" to the head of that country's Ministry of Foreign

Affairs, thru its Central Authority per Hague, as Petitioner Victoria did in this case.

As Per 28 U.S.C. 1330 (a) Actions against Foreign States; confers jurisdiction

on district courts to hear suits brought by United States Citizens when a Foreign

State is not entitled to Immunity, and it confers that Federal Courts are

authorized to exercise personal jurisdiction over a foreign state upon proper

service of process as per [28 U.S.C. § 1330 (b).

II. The THREE INDIVIDUAL RESPONDENTS Al-Fahed, Al-Fares & Al-Suheil are

FORMER KUWAITI GOVT. AGENTS of Respondents the Ministry of Interior and

State of Kuwait: Major-General Fahed Ahmad Al-Fahed ("Al-Fahed"), Major-General

Abdullah Abdul Rahman Al-Fares ("Al-Fares"), and Major-General Abdul-Rahman AlSuheil ("Al-Suheil"), WHO HAVE ESTABLISHED MINIMUM CONTACT IN USA, and

who are RESPONSIBLE for Enforced Disappearance Crime and Torture and all

alleged crimes Committed against Petitioner Victoria, Under Color of Law: As

Former Government Employees Don't Have Sovereign Immunity, and are Liable

8

For Human Rights Violations so it is fair and just for US court to exercise

jurisdiction over them, based on The Torture Victim Protection Act of 1991("TVPA"),

without its 10 years of Statue of Limitations period that is subject to Equitable Tolling

Law in this case; and as Touch and Concern Requirement doesn't apply to the TVPA,

so petitioner can bring TVPA claims against these 3 Foreign Respondents for Torts

committed outside the US; as held in Supreme court case of Dianna Ortiz v. Guatemala

-Case 10.526, (1997); and as held in the Supreme Court case of Samantar v. Yousuf,

(2010) that the FSIA does not provide immunity to individual Former Foreign Officials sued for

conduct undertaken in their official capacities.

Though, there Is A Lot of Sufficient Minimum Contact Between USA and the

3 Individual Respondents, as they own Real Estate property in USA, and they have

their own bank accounts in USA, and Al-Fahed through his Kuwaiti Company,

trades with USA and represents US companies as their Agent in Kuwait.

III. RESPONDENTS Foreign State of Kuwait as a Sovereign and its Ministry

of Interior as its Instrumentality ARE RESPONSIBLE For Enforced

Disappearance Crime Committed Against Petitioner Victoria, by their Three

Former Retired Officials Kuwaiti Government Agents Respondents, as "Al-Fahed"

and "Al-Fares" who ordered and Al-Suheil who executed with Does 1-10, all

crimes Committed Under Color Of Law and her Enforced Disappearance on July

4th till July 8th, 1995, which is an International Criminal Action Per International

Human Rights Law, Abided By USA, that occurs when a person is secretly abducted or

imprisoned by a State or Political Organization or by a third party with the authorization,

support, or acquiescence of a state or political organization, followed by a refusal to

acknowledge the person's fate and whereabouts, with the intent of placing the victim outside

the protection of the law, and this is what was committed against Petitioner Victoria:

A.

The General Assembly in its resolution 47/133, U.N. Doc. AIRES/47/133 (Dec. 18,

1992), proclaimed the Declaration on the Protection of All Persons from Enforced

Disappearance as a body of principles for all States:

"Article 1

Any act of enforced disappearance is an offence to human dignity. It is condemned as

a denial of the purposes of the Charter of the United Nations and as a grave and flagrant

violation of the human rights and fundamental freedoms proclaimed in the Universal

Declaration of Human Rights and reaffirmed and developed in international

instruments in this field.

Any act of enforced disappearance places the persons subjected thereto outside the

protection of the law and inflicts severe suffering on them and their families. It

constitutes a violation of the rules of international law guaranteeing, inter alia, the right

to recognition as a person before the law, the right to liberty and security of the person

and the right not to be subjected to torture and other cruel, inhuman or degrading

treatment or punishment. It also violates or constitutes a grave threat to the right to life.

Article 2

No State shall practice, permit or tolerate enforced disappearances.

States shall act at the national and regional levels and in cooperation with the United

Nations to contribute by all means to the prevention and eradication of enforced

disappearance.

Article 3

Each State shall take effective legislative, administrative, judicial or other measures to

prevent and terminate acts of enforced disappearance in any territory under its

jurisdiction."

Article 5

In addition to such criminal penalties as are applicable, enforced disappearances render

their perpetrators and the State or State authorities which organize, acquiesce in or

tolerate such disappearances liable under civil law, without prejudice to the

international responsibility of the State concerned in accordance with the principles of

international law.

Article 10

1. Any person deprived of liberty shall be held in an officially recognized place of

detention and, in conformity with national law, be brought before a judicial authority

promptly after detention.

Other:

"An Enforced Disappearance occurs when "persons are arrested, detained or

abducted against their will or otherwise deprived of their liberty by officials of different

branches or levels of Government, or by organized groups or private individuals acting

on behalf of, or with the support, direct or indirect, consent or acquiescence of the

Government, followed by a refusal to disclose the fate or whereabouts of the persons

concerned or a refusal to acknowledge the deprivation of their liberty, which places such

persons outside the protection of the law"

10

"A disappearance has a doubly paralyzing impact: on the victims, frequently

tortured and in constant fear for their lives, and on their families, ignorant of the fate of

their loved ones."

"The enforced disappearance of persons infringes upon a range of human

rights embodied in the Universal Declaration of Human Rights and set out in

both International Covenants on human rights as well as in other major international

human rights instruments.

The following civil or political rights may be infringed upon in the course of an Enforced

Disappearance:

• The right to recognition as a person before the law;

• The right to liberty and security of the person;

• The right not to be subjected to torture and other cruel, inhuman or degrading

treatment or punishment;

• The right to life, when the disappeared person is killed;

• The right to an identity;

• The right to a fair trial and to judicial guarantees;

• The right to an effective remedy, including reparation and compensation;

• The right to know the truth regarding the circumstances of a disappearance."

"The preamble to the Declaration recalls that the acts which comprise enforced

disappearance constitute a violation of the prohibitions found in other international

instruments, including the Universal Declaration of Human Rights, the International

Covenant on Civil and Political Rights, and the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment. It states, however, that it is

nonetheless important to devise an instrument which characterizes all acts of enforced

disappearance of persons as very serious offences and sets forth standards designed to

punish and prevent their commission."

"The Declaration also refers to the right to a prompt and effective judicial

remedy provides that the victims of enforced disappearance and their family shall

obtain redress and shall have the right to adequate compensation, including the means

for as complete a rehabilitation as possible."

The Inter-American Convention on Forced Disappearance of Persons

entered into force in 1996 one of the Convention's major innovations is article 24,

which includes in the definition of "victim" not only the disappeared person but

also any individual who has suffered harm as the direct result of an enforced

disappearance, such as family members, art. 3, June 9, 1994, 33 I.L.M. 1429

International Convention for the Protection of All Persons from Enforced

Disappearance, G.A. Res. AIRES/61/177, U.N. Doc. A/HRCIRES/2006/I (Dec. 20, 2006)

11

D. Per US CONSTITUTIONAL LAW in relation to Universal Declaration of

Human Rights "UDHR":

"The Fourteenth Amendment (1868) as UDHR Article 3, contained three new

limits on State Power, a state shall not violate a citizen's privileges or immunities; shall

not deprive any person of life, liberty, or property without due process of law; and must

guarantee all persons equal protection of the laws. These limitations dramatically

expanded the protections of the Constitution. This amendment, according to the

Supreme Court's Doctrine of Incorporation, makes most provisions of the Bill of Rights

applicable to state and local governments as well. It superseded the mode of

apportionment of representatives delineated in Article 1, Section 2, Clause 3.

The Fifth Amendment (1791) as in UDHR Article 9, establishes prohibits

punishment without due process of law, thus protecting individuals from being

imprisoned without fair procedures;

The Fourth Amendment (1791) as in UDHR Article 12, protects people against

unreasonable searches and seizures of either self or property by government officials. A

search can mean everything from a frisking by a police officer or to a demand for a blood

test to a search of an individual's home or car. A seizure occurs when the government

takes control of an individual or something in his or her possession."

E.

Under the Statute of the International Criminal Court, the systematic

practice of Enforced Disappearance, Constitutes A Crime Against Humanity.

IV. US Court of Appeals and US District Court dismissed my legitimate case and

denied by claims, based on Legal Errors, and stated False Unlawful Reasons, as

Petitioner Victoria, confirms that Respondents: State of Kuwait and Its Ministry

of Interior are Not Entitled to Immunity, re Acts of Enforced Disappearance, with

Torture and other claims against Petitioner Victoria, per Applicable US Federal

Statutes And Us Constitutional Laws, that APPLY TO MY CASE, and pursuant to

Exceptions to FSIA of 1976 that apply to claims alleged in this action: JASTA and

COMMERCIAL ACTIVITY, that Give Subject Matter JURISDICTION To The

Supreme Court Of US And Us Federal Courts To Rule For My Lawful Case, for

Entry of Default against All Respondents: Foreign State of Kuwait and its

12

Instrumentality Ministry of Interior then for Default Judgement against all

Respondents if they don't reply within 60 days.

A.

JASTA: Per 28 U.S.C. § 1605B (a)(1); 28 U.S.C. § 1605B (b)(2); 28 U.S.C. §1605B

(c); 28 U.S.C. § 1605A (a)(1) & § 1605A (a)(2)(A)(ii)(I) re Terrorism Exception to the

Jurisdictional Immunity of a Foreign State; as JASTA authorizes federal courts

to exercise personal jurisdiction over any foreign state's support for acts of

International Terrorism against a U.S. national or property regardless of whether

such state is designated as a state sponsor of terrorism or not; and pursuant to 28

U.S.C. § 1603(a) and (b): The Foreign Sovereign Immunities Act (FSIA) gives District

Court original jurisdiction over nonjury civil actions against a foreign state in which the

foreign state is not entitled to Immunity." and assert Jurisdiction which authorizes

US Federal Civil Suit against Respondents: Foreign State of Kuwait and its

Ministry of Interior.

Every act of torture is an international crime. Under international law, no

exceptional circumstances whatsoever, and no superior orders, may be invoked as a

justification of torture.

In addition, the U.S. Supreme Court has identified

fundamental rights not explicitly stated in the Constitution as U.S. courts provide a

remedy for people whose constitutional rights have been violated. The U.S. Congress also

passes laws that protect constitutional rights and provide remedies for victims of human

rights violations, as in many cases: Burnett v. Kingdom of Saudi Arabia, Case 1:03-cv09849-GBD Document 741 (3/17/17); The Underwriting Members of Lloyd's Syndicate

53 et at. v. Kingdom of Saudi Arabia, 1:17-cv-02129-UA in US Southern District Court

-New York (3/23/2017); Doe v. Bin Laden, et al., No. 09-4958 (2d Cir. 011); case: 1:03-md-

13

01570-GBD-SN et a! v. Kingdom of Saudi Arabia, in U.S. District Court, Southern

District of New York.

For Supreme Court to hold that RETROACTIVE APPLICATION APPLIES to

JASTA, in this case, so the FSIA applies retroactively, even though the crimes

alleged and Enforced Disappearance and torture against Petitioner, were carried

out far from the USA, as in 2004, the Supreme Court held in Altmann v. Republic

of Austria. 541 U.S. 677, 691, 124, S.Ct.2240-2249 (2004).

B.

Commercial Activity Exception pursuant to 28 U.S.C. § 1605 (a)(2) General

exceptions to the jurisdictional immunity of a foreign state; and 28 U.S.C. § 1603

.(çfl Definitions of "Commercial Activity"; 28 U.S.C. § 1603 (e) "Carried on by

Foreign State" & 28U.S.C. 41603 (a). (b). as Petitioner Victoria's Commercial

Activity with State of Kuwait HAD AN ONGOING EFFECT IN USA.

CONCLUSION

FOR ALL THE LAWFUL REASONS STATED ABOVE, AND FOR ALL THE

LAWFUL REASONS I STATED IN MY PETITION FOR WRIT OF CERTIORARI, I,

Victoria Elia Kaldawi, Petitioner (pro se) prays and respectfully R&iuest for your

Just Ruling from your Honorable Justices of The Supreme Court of the United

States, to Grant me Justice and Reconciliation: to Grant my Petition For

Rehearing, To Vacate The Order Denying My Writ Of Certiorari, And To Restore

My Case To Order Full Briefing On Its Merits.

Petitioner Victoria will amend my Complaint to add Alleged Claim of

Enforced Disappearance, and per court order, will amend my Request for Relief

for Compensatory Damages without Punitive, and remove attorney fees as pro se.

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This is my ever last Resort to vindicate my rights, in US Federal State

Court, in this Supreme Court of The United States

-

WDC, of USA Nation of

Liberty and Justice to all, as I have no other recourse to seek Justice for my case with

Remedies and relief for all my Injuries and for all my pain and suffering since 23 years, for

all Damages inflicted upon me a US citizen and my business venture, to resolve my case for

Victory of Justice, against the Criminal Acts and Injustice to me, and against all officials or

leaders who think they can hurt innocent people and commit crimes under the Color of Law,

and get away with it, as NO ONE IS ABOVE THE LAW in USA if Truly Nation of Liberty

& Justice to All.

As we are taught and ought to Bless and Thank: I pray to God Lord Jesus Christ

Holy Spirit with Mother Mary Prayers and all Saints, to bless USA; Bless The Supreme

Court of the United States; your Honorable Justices, and fill your hearts with all his

Love, Peace, Joy and Mercy to help me with my case and help more cases for Justice, not

around 100 but thousands of cases filed in this court, that need Justice. I thank God Lord

Jesus Christ Holy Spirit, whom I prayed for him to rescue me upon my abduction, and kept

praying as I have strong faith that He is with me in this case governed by his Power of Love,

in His Will & in His Timing, and Thank your Honorable Justices and Judges, and Clerks,

who helped me with my case Victoria Elia Kaldawi v. State of Kuwait, to be filed and

reviewed and hopefully be granted Justice in USA Courts.

Respectfully Submitted, in Los Angeles, California, USA, on November 7, 2018.

r

•

na Elia Kaldawi,

Petitioner, Pro Se

22729B Nadine Circle

Torrance, CA. 90505, USA

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CERTIFICATE OF PETITIONER (Pro Se)

I hereby certify that this Petition for Rehearing is restricted to the grounds

specified in Rule 44, namely to intervening circumstances of substantial or controlling

effect and substantial grounds not previously presented, and it is presented in Good

Faith and Not For Delay.

Dated: November 7, 2018

•

r.ia-El1a Kaldawi,

Petitioner, Pro Se

22729B Nadine Circle

Torrance, CA. 90505, USA

Tel: 1-310-5035933

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