A U.S. jury in Miami has ruled that Chiquita Brands International is liable for financing the United Self-Defense Forces of Colombia (AUC), a paramilitary death squad designated as a terrorist organization by the U.S. during Colombia’s civil war.

This decision comes after 17 years of legal proceedings and a previous conviction in 2007 when Chiquita was fined $25 million for illegal payments to the AUC. The recent verdict marks the first time an American jury has held a major U.S. corporation accountable for complicity in human rights abuses in another country, newsletter Pirate Wire Services explained.

Plaintiffs represented by Earth Rights International, an NGO advocating for corporate responsibility, have long sought justice through courts in both Colombia and the United States regarding this issue. The jury in Miami recommended a civil fine of $2 million for each family member filing suit, following two “bellwether cases” selected from over a hundred filed by victims.

Court documents reveal that Chiquita paid 3 cents per dollar for each box of bananas exported from Colombia to the AUC, an organization responsible for thousands of civilian deaths, including the eradication of entire villages, the murders of trade union representatives and rivals, and the kidnapping of politicians. Victims and their families had lobbied for years to sue Chiquita in civil courts, efforts that the company delayed through various legal tactics.

In addition to the payments, victims and ex-AUC commanders claim that Chiquita provided weapons and gasoline to the paramilitary forces in the Urabá region of Colombia. They argue that Chiquita executives knew these resources were being used to kill civilians and suppress unions near their operations. Chiquita has denied these accusations, maintaining that the payments were extortion made under duress, an argument previously rejected by U.S. courts.

Chiquita attempted to move all civil cases to Colombian courts, but its motion was denied, and the cases proceeded in the U.S. In 2018, Colombia’s Prosecutor’s Office formally accused Chiquita executives of aggravated conspiracy to commit a crime and attempting to hide these payments as “security payments.” The investigation was suspended in 2019 but may resume under Colombia’s new lead prosecutor, Luz Adriana Camargo Garzón, who has expressed interest in the case.

The Colombian Peace Court has characterized Chiquita’s actions, including labor union repression, as “crimes against humanity.” The central issue in the U.S. civil court case was whether Chiquita’s payments to the AUC materially assisted the group in its illegal actions.

      • RubberDuck@lemmy.world
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        5 months ago

        And found liable, so now families of victims of the group can also litigate.

        Money won’t bring back loved ones, but making this as painfully as possible means that these practices will diminish.

        That said, it hopefully opens the doors for actual criminal investigation to throw in jail those responsible.

  • Dud@lemmy.world
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    5 months ago

    There’s a fun Behind the Bastards episode on this to a degree, the main subject was Edward Bernays but it covers the banana Republic stuff and then Swindled has episode 50 The Octopus that which is more directly focused on Chiquita and their bullshit.

    • JacksonLamb@lemmy.worldOP
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      5 months ago

      To determine that, I will need two pieces of information:

      • do you stand to profit from the killing or intimidation of Palestinians?

      • are you one of the US Government’s main sources of money and weapons?

      • ArcaneSlime@lemmy.dbzer0.com
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        5 months ago

        do you stand to profit from the killing or intimidation of Palestinians?

        Tbh “possibly?” Do they have oil we’re trying to take which would indirectly benefit me being in the US?

        are you one of the US Government’s main sources of money and weapons?

        Yes. “Taxpayers.” Unless you mean only the highest 10% of taxpayers, in which case probably not me, but also “so they’ll be imprisoned if they don’t pay taxes and responsible for a genocide and imprisoned if they do and consequences become of it?” I suppose the safest bet then would be to pay for the genocide since it isn’t guaranteed they’ll face consequences, might even be beneficial for them to donate and help insure the job gets finished becauss “history is written by the winner.”

        Honestly charging taxpayers with the crime of “being forced to pay taxes under threat of kidnapping or death” doesn’t really sit right with me I think.

        • JacksonLamb@lemmy.worldOP
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          5 months ago

          Speechless that two people have come in here to defend United Fruit Company/Chiquita for its well known use of death squads.

          Remind me not to post about Nestlé.

            • JacksonLamb@lemmy.worldOP
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              5 months ago

              You may be right. It may have been an innocent attempt to turn the discussion away from this landmark decision and back onto the more well trampled ground of US politics.

          • ArcaneSlime@lemmy.dbzer0.com
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            5 months ago

            I don’t know the facts of that case, I’m speaking about the proposed hypothetical with the taxes/US because it’s fun to speak about hypotheticals to me. I’d bet they did something more than an analogue to taxes frankly, if they’ve been convicted.

            Although I hope this doesn’t affect my banana supply, fucking love those things.

            • JacksonLamb@lemmy.worldOP
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              5 months ago

              I like hypotheticals myself, but not when they are used to mislead.

              Chiquita was the entity calling the shots and the death squads were killing and intimidating anyone who went against their commercial interests, including politicians.

              For that reason, the hypothetical above reads like an attempt to pretend Chiquita was somehow a passive participant.

              • ArcaneSlime@lemmy.dbzer0.com
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                5 months ago

                See, that’s what I thought the case would be, and frankly could be useful information to include in the original refutation, because by playing into it without mentioning “well it’s actually a bit more than taxes” and phrasing it in a way that leaves it too open to interpretation leads to things like “actually, technically yes, I do pay taxes, however I feel these situations are different.”

    • electric_nan@lemmy.ml
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      5 months ago

      IMO yes, we are liable as a country. If justice were done, those most directly responsible for aiding the genocide would be held to criminal charges, and the country in general would be liable for compensatory damages.

      • ArcaneSlime@lemmy.dbzer0.com
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        5 months ago

        So, those who pay the most in taxes should be jailed along with the decision makers and tax evasion is good now?

        • electric_nan@lemmy.ml
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          5 months ago

          Not sure how you reached that conclusion from what I wrote. By those directly responsible, I mean those who took (or failed to take) relevant actions regarding the genocide: I.e, Biden, Blinken, etc. We elected these ghouls to use our collective money to destroy a country, and who else’s money should go towards the reparations?

    • Belastend@lemmy.world
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      5 months ago

      Did you provide gasoline and weapons to the israeli state? Did you give your money directly to Israel? Then yes.