Banana big Chiquita Manufacturers should pay $38.3 million to 16 members of the family of individuals killed throughout Colombia’s lengthy civil conflict by a violent right-wing paramilitary group funded by the corporate, a federal jury in Florida determined.
The decision Monday by a jury in West Palm Seaside marks the primary time the corporate has been discovered liable in any of a number of related lawsuits pending elsewhere in U.S. courts, legal professionals for the plaintiffs mentioned. It additionally marks a rare finding that blames a non-public U.S. firm for human rights abuses in different international locations.
“This verdict sends a strong message to firms in all places: taking advantage of human rights abuses is not going to go unpunished. These households, victimized by armed teams and firms, asserted their energy and prevailed within the judicial course of,” Marco Simons, EarthRights Worldwide Basic Counsel and one plaintiff’s lawyer, mentioned in a information launch.
“The scenario in Colombia was tragic for therefore many,” Chiquita, whose banana operations are primarily based in Florida, mentioned in an announcement after the decision. “Nevertheless, that doesn’t change our perception that there isn’t a authorized foundation for these claims.”
In keeping with courtroom paperwork, Chiquita paid the United Self-Protection Forces of Colombia — recognized by its Spanish acronym AUC — about $1.7 million between 1997 and 2004. The AUC is blamed for the killings of 1000’s of individuals throughout these years.
Chiquita has insisted that its Colombia subsidiary, Banadex, solely made the funds out of worry that AUC would hurt its workers and operations, courtroom data present.
Reacting to the ruling on social media, Colombian president Gustavo Petro questioned why the U.S. justice system might “decide” Chiquita financed paramilitary teams, whereas judges in Colombia haven’t dominated towards the corporate.
“The 2016 peace deal … requires the creation of a tribunal that can disclose judicial truths, why don’t we’ve one?” Petro posted on X, referencing the 12 months the civil battle ended.
The decision adopted a six-week trial and two days of deliberations. The EarthRights case was initially filed in July 2007 and was mixed with a number of different lawsuits.
“Our shoppers risked their lives to return ahead to carry Chiquita to account, placing their religion in the USA justice system. I’m very grateful to the jury for the time and care they took to guage the proof,” mentioned Agnieszka Fryszman, one other legal professional within the case. “The decision doesn’t deliver again the husbands and sons who had been killed, however it units the report straight and locations accountability for funding terrorism the place it belongs: at Chiquita’s doorstep.”
In 2007, Chiquita pleaded guilty to a U.S. felony cost of participating in transactions with a international terrorist group — the AUC was designated such a gaggle by the State Division in 2001 — and agreed to pay a $25 million high quality. The corporate was additionally required to implement a compliance and ethics program, in accordance with the Justice Division.
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