In a historic ruling, Chiquita Brands International, the banana giant, has been found guilty of funding a right-wing Colombian paramilitary organization, the United Self-Defense Forces of Colombia (AUC). A U.S. jury has ordered the company to pay $38.8 million in damages, marking the first time an American corporation has been held liable for complicity in serious human rights abuses in another country.

The case was brought forward by EarthRights International, who hailed the ruling as a monumental step towards corporate accountability for human rights violations. Chiquita had previously admitted to paying the AUC protection money between 2001 and 2004, but claimed they were victims of extortion. In 2007, a U.S. court had fined the company $25 million as part of a sentencing agreement. However, no executives responsible for authorizing the payments were identified or prosecuted.

During the six-week-long trial at a federal court in Florida, testimony was heard from the families of victims, Colombian military officials, and Chiquita executives. The court also heard from a witness who explained how he had analyzed thousands of internal records from the company to demonstrate the extent of the payments made to the AUC.

The claim against Chiquita primarily focused on the fact that despite knowing about the AUC's involvement in violence, including kidnappings, extortion, torture, forced disappearances, and murder, the company continued to provide substantial financial assistance. The trial specifically focused on nine cases out of hundreds brought against Chiquita by victims of AUC violence, with the jury finding the company liable in eight of those cases.

Agnieszka Fryszman, a lawyer representing the plaintiffs, expressed that while the verdict cannot bring back the lives lost, it holds Chiquita accountable for funding terrorism and seeks justice for the victims.

Jurors determined that Chiquita had failed to act as a reasonable business entity, knowingly assisting the AUC and creating a foreseeable risk of harm to others. The company failed to provide evidence that they were threatened by the AUC or that they had no alternative but to make payments to the paramilitary group.

Chiquita has announced its plans to appeal the decision, indicating that the legal battle is far from over. Nevertheless, this ruling has established a crucial precedent for holding corporations accountable for their involvement in human rights abuses abroad.