GOTO Chiquita Papers page
An eight-member jury in West Palm Beach, Florida, found Chiquita Brands International liable for funding a violent Colombian paramilitary organization, the United Self-defense Forces of Colombia (AUC), that was responsible for major human rights atrocities during the 1990s and 2000s. The weeks-long trial featured testimony from the families of the nine victims in the case, the recollections of Colombian military officials and Chiquita executives, expert reports, and a summary of key documentary evidence produced by Michael Evans, director of the National Security Archive’s Colombia documentation project.
“This historic ruling marks the first time that an American jury has held a major U.S. corporation liable for complicity in serious human rights abuses in another country,” according to a press release from EarthRights International, which represents victims in the case.
This trial focused on nine bellwether cases among hundreds of claims that have been brought against Chiquita by victims of AUC violence. The nine plaintiffs were represented by EarthRights, International Rights Advocates, and other attorneys who years ago agreed to consolidate their claims against Chiquita and collaborate in multidistrict litigation (MDL) in the U.S. District Court for Southern Florida. Today, the jury found Chiquita liable in eight of the nine cases presented to them.
Jurors found that the AUC was responsible for eight of the nine murders at issue in the case; that Chiquita had “failed to act as a reasonable businessperson”; that “Chiquita knowingly provided substantial assistance to the AUC” that created “a foreseeable risk of harm to others”; and that Chiquita had failed to prove either that the AUC actually threatened them or that there was “no reasonable alternative” to paying them.
Testifying on May 14, Evans described the “1006 summary” he created for the plaintiffs tracking ten years of Chiquita’s paramilitary payments and based exclusively on thousands of internal records produced by Chiquita in the case.
A future Electronic Briefing Book will centre on some of the key evidence that was brought up in this case.
Meantime, those interested in reading more about the case and the entire episode can READ the Chiquita Papers.