Colombians Sue Chiquita in U.S. Court for Alleged Terror Campaign
Nearly 1,000 unnamed plaintiffs, who claim to be family members of individuals purportedly killed by terrorist organizations in Colombia’s Urabá region, have sued Chiquita Brands International, Inc., alleging that throughout the 1990s and at least until 2004, the company “funded, armed, and otherwise supported” these organizations “to produce bananas in an environment free from labor opposition and social disturbances.” Does 1 Through 976 v. Chiquita Brands Int’l, Inc., No. 10-404 (D.D.C., filed March 9, 2010). The plaintiffs allege that “[t]he deaths of Plaintiffs’ relatives were a direct, foreseeable, and intended result of Chiquita’s illegal and tortuous support of terrorist organizations.”
According to the complaint, the plaintiffs bring their claims anonymously for fear of “violent reprisals, intimidation and death at the hands of the paramilitaries still operating in Colombia.” Their counsel “or his employees have interviewed each of the Doe Plaintiffs and summarized the details of each incident.” The complaint indicates that these plaintiffs are not involved in similar litigation filed by this law firm in 2007 or in other related cases. Apparently, not all of the victims’ bodies found in common graves have been identified, but in a large number of the cases, the paramilitary organization member who killed the individual “has confessed the crime in the Colombian Commission of Justice and Peace.” The claims are brought under the Alien Tort Claims Act and the Racketeer Influenced and Corrupt Organizations Act.
The complaint provides a detailed history of Colombian paramilitary organizations, which purportedly grew out of the country’s drug trade. The plaintiffs allege that the organizations’ targets were primarily rural workers, trade unionists, community activists, human rights defenders, leftist politicians, judicial investigators, indigenous persons, and the socially undesirable, all of whom, according to the complaint, were also viewed as problem groups by the banana companies. The government allegedly used the organizations to oppose anti-government guerilla groups, and the complaint contends that many of the victims were not guerilla combatants. While the government eventually outlawed the paramilitary organizations, citizens were allowed to organize as special private security services, which allegedly received payments from Chiquita and passed the money on to a paramilitary organization active in the banana region.
Citing Chiquita’s admission to the U.S. Department of Justice that it had made payments to a Colombian terrorist organization and the company’s 2007 guilty plea to one count of engaging in transactions with a specially designated global terrorist, the complaint also alleges that the company facilitated paramilitary arms shipments by allowing illegal arms transfers to occur at one of its Colombian ports. The plaintiffs further contend that the company allowed a paramilitary organization to use one of its private ports to illegally export large amounts of illegal drugs and to hide cocaine in banana shipments. According to the plaintiffs, this conduct aided and abetted killings and other conduct, “which constitute war crimes; crimes against humanity; torture, cruel, inhuman and degrading treatment; violations of the rights to life, liberty and security of person and peaceful assembly and association; and terrorism.”
Each plaintiff seeks judgment in excess of $75,000 for compensatory and punitive damages. They also seek injunctive and declaratory relief and costs. More information about the criminal charges filed against Chiquita in 2007 appears in issues 208, 225 and 230 of this Update.
