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Chiquita’s Alleged Victims Can Sue for Torture, But Not Terrorism

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As fatster noted, Judge Kenneth Marra has allowed the suit against Chiquita for its support of Colombian terrorists to go forward. But the ruling is fascinating, because it holds that the plaintiffs can sue for Chiquita’s involvement in torture, but not for its involvement in terrorism.

Relying in part on a 1984 Robert Bork opinion finding there was ““international law and the rules of warfare as they now exist are inadequate to cope with this new mode of conflict,” Marra ruled the Alien Tort Statute doesn’t apply to terrorism. (Note, Marra also cited more recent District Court rulings on this issue.)

So in spite of our decade-long war against terrorism, it appears corporations can support terrorism in other countries and not be held liable.

But unlike terrorism, torture, extra-judicial killing, and crimes against humanity are widely recognized under international law to qualify for the ATS, so plaintiffs can sue for Chiquita’s involvement in it.

Marra also rejected Chiquita’s claim that it could not be held liable under the Torture Victims Protection Act.

Chiquita first argues that the “‘plain reading of the TVPA strongly suggests that it only covers human beings, and not corporations.’” First Mot. at 68 (DE 93) (quoting Exxon Mobil, 393 F. Supp. 2d at 28). This limitation to individuals, Chiquita contends, bars Plaintiffs’ TVPA claims against it, a corporation. Recent Eleventh Circuit precedents, however, hold that “‘an individual’ to whom liability may attach under the TVPA also includes a corporate defendant.” Sinaltrainal, 578 F.3d at 1264 n.13; see also Romero, 552 F.3d at 1315 (“Under the law of this

Circuit, the Torture Act allows suits against corporate defendants.”). Thus, under the precedent of this Circuit, the Court rejects Chiquita’s first basis for dismissal.

Particularly gratifying, a key part of Chiquita’s liability was its intent to support AUC’s violence. Marra notes, for example, that plaintiffs had shown Chiquita supported AUC in part to quell labor unrest.

The AUC’s agreement with Chiquita involved forcing people to work using threats and illegal violence, as well as the quelling of labor and social unrest through the systematic terrorization of the population of Uraba.

[snip]

The complaints here contain sufficient “‘factual content that allows the court to draw the reasonable inference’” that Chiquita assisted the AUC with the intent that the AUC commit torture and killing in the banana-growing regions.

So in American courts, corporations like Jeppesen helping the US commit torture won’t be held liable for torture. But corporations like Chiquita helping terrorists and other governments torture may well be held liable!

Chiquita: The Guns and Drugs and Union Killing CNN Didn’t Mention

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CNN has a report today on some of the many lawsuits victims of right and left wing violence have taken against Chiquita.

Family members of thousands of Colombians who were killed or who disappeared are suing Chiquita Brands International, alleging the produce company is liable because of its payments to paramilitaries.”We’re holding them accountable,” said Paul Wolf, a Washington-based attorney who is handling cases for family members of more than 2,000 victims.

[snip]

A federal judge in Florida is weighing whether the lawsuits, which constitute more than 4,000 claims against Chiquita, will go to trial.

I’m glad CNN has called attention to the suits. But I wanted to point out some of the important details, including the following details from a suit filed last March.

There’s the way Chiquita helped the right wing AUC import 3000 AK-47s.

In 2001, Chiquita facilitated the clandestine and illegal transfer of arms and ammunition from Nicaragua to the AUC.

[snip]

Instead of docking in Panama, the Otterloo [a ship registered in Panama and carrying 3000 AK-47s] instead went to Turbo, Colombia, where Chiquita, through Banadex, operated a private port facility for the transport of bananas and other cargo.

After the Otterloo docked at Chiquita’s port in Turbo, Banadex employees unloaded crates containing the assault rifles and ammunition. On information and belief, the AUC, which had free access to the port, then loaded these rifles onto AUC vehicles and took possession of them.

And there’s the way Chiquita helped the AUC export coke.

Colombian prosecutors have charged that the AUC shipped drugs on Chiquita’s boats carrying bananas to Europe.

[snip]

More than one and a half tons of cocaine have been found hidden in Defendant’s produce, valued at over 33 million dollars. Two of the ships on which drugs were found were named the Chiquita Bremen and the Chiquita Belgie.

And finally, there’s the way Chiquita relied on AUC to break the unions.

After its agreement with Chiquita, the AUC understood that one goal of its campaign of terror was to force laborers to work in the plantations. Anyone who disobeyed the order knew what would happen  to them. For example, one individual who worked in Chiquita’s offices at a plantation in Urabá, was present when paramilitaries arrived at the plantation and summarily executed a banana worker who had been seen as a troublemaker because his slow work held up the production line. Another individual saw paramilitaries arrive to threaten banana workers after a salary dispute.

[snip]

In addition to directly suppressing labor activity, the paramilitaries regulated the banana-growing population and protected Chiquita’s profitability by controlling the provision of medical services in the towns of Urabá. Residents of Apartadó reported that they feared seeing doctors because they believed that medical personnel were under the control of the AUC. On information and belief, this arrangement benefited Chiquita because it allowed the paramilitaries to inform the company of its employees’ medical issues that could potentially affect labor productivity, including pregnancy.

Whether or not this suit goes forward (and new documents released in April by National Security Archive make it clear that Chiquita considered their ties to terrorist groups a quid pro quo), it’s important to document what it means when corporations team up with terrorist organizations.

Obama wants to extend “free” trade with Colombia, when it’s not all that clear that these practices have ended.