A Florida jury has found Chiquita Brands International, Inc., liable for financing the Colombian paramilitary group Autodefensas Unidas de Colombia (AUC), ordering the banana company to pay $38.3 million in damages to the families of eight victims murdered by the AUC between 1997 and 2004. The unanimous verdict was delivered on June 10, 2024, by the United States District Court for the Southern District of Florida, marking a significant milestone in the 17-year-long legal battle.
The AUC, a far-right paramilitary group designated as a Foreign Terrorist Organization by the U.S. government in 2001, received $1.7 million from Chiquita during the late 1990s and early 2000s. These payments were purportedly made to protect Chiquita’s employees and operations in Colombia, although the jury found that the company knowingly provided substantial assistance to the AUC, contributing to a foreseeable risk of harm to others.
“This verdict sends a powerful message to corporations everywhere: profiting from human rights abuses will not go unpunished,” said Marco Simons, one of the plaintiffs’ lawyers, in a statement following the jury’s decision.
During the trial, testimonies from farmers, Chiquita officials, and former AUC leaders highlighted the extent of Chiquita’s financial relationship with the paramilitary group. The company recorded the payments as “security services,” despite not receiving any actual services in return. The jury ruled that Chiquita failed to act as a reasonable business would under the circumstances, thus holding it liable for the AUC’s actions, including homicides, kidnappings, extortion, torture, and forced disappearances.
Chiquita plans to appeal the jury’s verdict, maintaining that there is no legal basis for the claims. “The situation in Colombia was tragic for so many, including those directly affected by the violence there, and our thoughts remain with them and their families. However, that does not change our belief that there is no legal basis for these claims,” the company said in a statement. “While we are disappointed by the decision, we remain confident that our legal position will ultimately prevail.”
The case against Chiquita, which began in 2007, has drawn significant attention and condemnation from human rights advocates. In 2007, Chiquita pleaded guilty to making over 100 payments to the AUC, resulting in a $25 million fine from the U.S. government. These payments, recorded as “security services,” were made under the threat of violence, according to a company executive’s statement to the Justice Department at the time.
The legal victory for the plaintiffs is seen as a crucial step in holding corporations accountable for their complicity in human rights abuses. “The verdict sends a powerful message: corporations will be held accountable when business decisions prioritize profits over human lives,” said Searcy Law, the firm representing AUC victims and their families.
The ruling also prompted reactions from international figures, including Colombia’s President Gustavo Petro, who questioned why similar judgments have not been made within Colombia. “Why could U.S. justice determine in judicial truth that Chiquita Brands financed paramilitarism in Urabá? Why couldn’t Colombian justice?” Petro remarked on social media.
The families of the victims and human rights organizations continue to call for justice and accountability, hoping this case sets a precedent for future actions against companies involved in funding paramilitary and terrorist groups.
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