Warfaa v. Ali — The Fifth Brigade Commander's Day in Court
Somaliland & US federal courts · 2004–2019
This is the second real accountability precedent in this archive, alongside Yousuf v. Samantar — and it took longer and cost more to win. Where Samantar concerned the political leadership in Mogadishu, this case reaches directly into the military chain of command that carried out the campaign in the northwest.
The victim and the commander
Colonel Yusuf Abdi Ali, known as "Tukeh," commanded the Somali National Army's Fifth Brigade, based near Gebiley in the northwestern region — now Somaliland — from May 1987 to July 1988. CJA describes him as one of the most ruthless commanders of the entire Barre dictatorship, responsible for the detention, torture, and death of a great many Isaaq civilians.
First exposed by Canadian television, a decade before the lawsuit
Long before CJA became involved, Tukeh's past caught up with him in Canada. On 6 October 1992, the CBC investigative program the fifth estate broadcast "Crimes Against Humanity," naming Tukeh and two other Somali men then living in Canada — a former Hargeisa judge and a former Hargeisa police interrogator — as suspected war criminals who had slipped through the immigration system. Tukeh, then living in Toronto and working as a security guard, was deported back to the US within a week of the broadcast. Canadian authorities never separately pursued war-crimes charges of their own. (The police interrogator named in the same program, Mohamed Hassan Ismail Farah, was later found by Canada's Immigration and Refugee Board to have been "responsible for the ruthless torture of prisoners" but was never deported; in 2014 CBC revealed he had gone on to become Somalia's national police commissioner.)
Tukeh returned to the US in 1996 on a spousal visa and settled in Springfield, Virginia, where he lived for decades.
Early one morning in 1987, Farhan Warfaa, then a teenager, was arrested by soldiers under Tukeh's command along with several neighbors. He was held for months at a Somali National Army base, repeatedly interrogated, beaten, and tortured. At trial, Warfaa testified that Tukeh personally interrogated him and then shot him at point-blank range, ordering soldiers to dispose of the body. Warfaa survived and was smuggled to safety.
A case stalled twice by other litigation
When Barre's regime collapsed in 1991, Tukeh fled first to Canada, then became a permanent US resident. CJA filed suit on Warfaa's behalf in 2004, the same year as the Samantar case. The case's path was unusually tortuous: in 2007 it was administratively closed pending the immunity question then being litigated in Yousuf v. Samantar; reopened in 2011, it was stayed a second time pending the US Supreme Court's decision in an unrelated case, Kiobel v. Royal Dutch Petroleum. The court finally reopened the case in 2014, denying Tukeh immunity for torture and attempted extrajudicial killing, but dismissing Warfaa's broader war crimes and crimes-against-humanity claims under the Kiobel precedent. Both sides appealed.
In February 2016, the Fourth Circuit Court of Appeals affirmed that Warfaa's torture and attempted-killing claims could proceed, reaffirming — as it had in Samantar — that former officials have no immunity for violations of the most fundamental human rights norms. The Supreme Court declined to hear further appeal in June 2017.
The verdict
On 21 May 2019 — 32 years after his torture — a Virginia jury found Tukeh liable for torturing Farhan Warfaa, though it did not find liability for the attempted extrajudicial killing. Warfaa was awarded $500,000, including $100,000 in punitive damages.
Hiding in plain sight
Between the two CBC exposures, journalists kept finding Tukeh living an ordinary American life. CNN investigations located him working as an aviation security guard at Dulles International Airport in 2016, and driving for a rideshare service in the days before his 2019 civil trial began.
After the verdict: a criminal case, and deportation
The 2019 civil judgment was not the end of the story. On 17 November 2022, Homeland Security Investigations criminally arrested Tukeh in Springfield — a separate and more serious track than the earlier civil suit, involving charges including torture and extrajudicial killing. On 8 February 2024, a Department of Justice immigration judge issued a 65-page decision finding that Ali had personally engaged in acts of torture as Fifth Brigade commander, and ordered his removal from the United States. On 20 December 2024 — 32 years after his first exposure in Canada, and five years after the Virginia jury verdict — US Immigration and Customs Enforcement deported him to Somalia. He has since been seen in Las Anod, in the Sool region contested between Somaliland and the SSC-Khaatumo movement; at least one recent report places him alongside SSC militia forces, a live and unresolved development rather than settled history.
Brought by the same organization as Samantar
Both this case and Yousuf v. Samantar were brought by the Center for Justice & Accountability, a San Francisco human rights legal organization founded in 1998. See the Individuals page for more on CJA's broader work, including a third Somalia case outside the scope of this archive.
Sources
- Center for Justice & Accountability — Warfaa v. Ali (Col. Tukeh) case page Full case history: Farhan Warfaa's 1987 torture and attempted execution, the decade-long stays pending Samantar and Kiobel, and the 2019 Virginia jury verdict. http://cja.org/what-we-do/litigation/warfaa-v-ali-col-tukeh/
- CBC — "the fifth estate: Crimes Against Humanity" (6 Oct 1992) First public exposure of Tukeh (and two other accused men) living in Canada; reported by Victor Malarek. Prompted Tukeh's deportation from Canada within a week, though Canadian authorities never separately pursued war-crimes charges. https://www.cbc.ca/news/world/somali-war-crime-fifth-estate-1.3424262
- CBC — "Alleged Somali war criminal first exposed by the fifth estate now in landmark U.S. case" (29 Jan 2016) Follow-up report connecting the 1992 documentary to the then-ongoing Warfaa v. Ali litigation. https://www.cbc.ca/news/world/somali-war-crime-fifth-estate-1.3424262
- CBC — "Mohamed Hassan Ismail Farah, Somalia's new police boss, was on Canada's suspected war criminals list" (2014) The second man from the 1992 documentary: a former Hargeisa police interrogator whom Canada's Immigration and Refugee Board found responsible for torture in 1993, later appointed Somalia's national police commissioner. https://www.cbc.ca/news/canada/mohamed-hassan-ismail-farah-somalia-s-new-police-boss-was-on-canada-s-suspected-war-criminals-list-1.2729379
- CNN — "He's accused of war crimes in Somalia. Now he works security at a U.S. airport" (2 Jun 2016) Investigation by Scott Brownstein, Kyra Phillips, and Curt Devine locating Tukeh working as a security guard at Dulles International Airport. https://www.cnn.com/2016/06/02/us/somalia-torture-suspect-cnn-investigation
- CNN — undercover investigation finds Tukeh driving for a rideshare service (May 2019) Reporting timed to the opening of his civil trial in Virginia. https://www.cnn.com/2019/05/13/us/somali-torture-suspect-lyft-driver-invs
- US Department of Justice, Executive Office for Immigration Review — 65-page decision ordering Ali's removal (8 Feb 2024) An immigration judge found Ali personally engaged in acts of torture as Fifth Brigade commander and ordered his deportation. (not linkable online — print/archival source)
- US Immigration and Customs Enforcement — press release on Ali's removal to Somalia (23 Dec 2024) Confirms deportation carried out 20 Dec 2024; quotes ICE's Enforcement and Removal Operations on the case. https://www.ice.gov/news/releases/ero-washington-dc-removes-high-ranking-somali-national-convicted-human-rights
- "Kill All But the Crows" — People & Power (Al Jazeera English), 2016 Two-part documentary investigation specifically into Col. Tukeh, directed by Zach Jama (whose own Isaaq family fled the campaign) and Naashon Zalk. Covers survivor testimony and the EPAF/WCIC mass-grave exhumations. https://www.youtube.com/watch?v=JNBTlc2wHU8