Historic Verdict: Chiquita Brands International Ordered to Pay $38 Million in Damages for Funding Colombian Paramilitary Group
ICARO Media Group
The jury has ordered Chiquita to pay over $38 million in damages to the victims of the group, known as the United Self-Defense Forces of Colombia (AUC).
This verdict brings an end to a 17-year legal battle for the victims, which began after Chiquita admitted in a 2007 sentencing agreement with the U.S. Justice Department that it paid more than $1.7 million to the AUC. The AUC, designated a foreign terrorist organization by the U.S. government, was notorious for committing human rights abuses in Colombia.
The Justice Department characterized Chiquita's support to the AUC as "prolonged, steady, and substantial." At the time, Chiquita paid a $25 million criminal fine for violating the U.S. anti-terrorism statute. However, it was only this week that the company had to answer to the AUC's victims, as a federal jury in West Palm Beach found Chiquita liable for the deaths of eight men killed by the paramilitary group.
This verdict has significant implications, as it opens the door for thousands of additional victims of the AUC who are also suing Chiquita. Another trial regarding these victims' claims against the company is scheduled to begin in July.
Marissa Vahlsing, director of transnational legal strategy for EarthRights International, a nonprofit organization representing the victims, explained that this decision is historic. It is the first time that an American company has been held accountable by an American jury for human rights violations committed abroad.
Chiquita intends to appeal the jury's verdict, as stated in an emailed statement to The Washington Post. The company maintains that there is no legal basis for these claims, despite the tragic situation in Colombia and the suffering of those directly affected by the violence.
Chiquita's involvement with the AUC began as it aimed to expand its operations in Colombia during a period of political instability in the 1990s. The company paid the AUC for protection against left-wing groups, despite being aware of the AUC's involvement in massacres against civilians or suspected sympathizers of left-wing ideologies, according to Vahlsing.
During the trial, Chiquita's legal team argued that the company was coerced into paying the AUC to ensure the safety of its Colombian employees. However, the jury determined that Chiquita knowingly provided funds to the AUC and failed to prove that the group posed a credible threat to their employees or that there were no reasonable alternatives to paying them.
Agnieszka Fryszman, chair of law firm Cohen Milstein's human rights practice, one of the leading attorneys in the case, expressed satisfaction with the verdict. She emphasized that the decision does not bring back the loved ones who were killed but holds Chiquita accountable for funding terrorism.
This historic verdict serves as a significant step towards ensuring corporate responsibility for human rights violations committed abroad. It highlights the importance of holding companies accountable for their actions and providing justice to the victims who have suffered as a result.