Chiquita Bananas

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Jesus Mesa

By Jesus Mesa

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A federal jury in Florida ruled Tuesday that Chiquita, the Florida-based banana conglomerate, must pay $38.3 million to 16 family members of individuals killed by a violent right-wing paramilitary group funded by the company during Colombia's civil war.

In what has been labeled "a historic decision," the ruling holds Chiquita liable for its financial ties to the AUC, which was designated a terrorist organization by the U.S. government.

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"This verdict sends a powerful message to corporations everywhere: profiting from human rights abuses will not go unpunished. These families, victimized by armed groups and corporations, asserted their power and prevailed in the judicial process," said Marco Simons, one of the plaintiffs' lawyers, in a news release Tuesday.

During the trial, Judge Kenneth Marra and the 10 jurors heard testimonies from farmers, Chiquita officials and some former AUC leaders. According to court documents, Chiquita paid the AUC about $1.7 million between 1997 and 2004, which the company's lawyers said were payments intended to protect its employees and operations from harm.

Despite those claims, the jury ruled that Chiquita failed to act as a reasonable business would under the circumstances, holding the company liable for the paramilitary group's actions, including homicides, kidnappings, extortion, torture and forced disappearances during the Colombian civil conflict.

"By providing over $1.7 million in illegal funding to the AUC from 1997 to 2004, Chiquita contributed to untold suffering and loss in the Colombian regions of Urabá and Magdalena, including the brutal murders of innocent civilians," the plaintiffs argued.

Colombian President Gustavo Petro questioned why similar rulings have not been made in his country. "Why could U.S. justice determine that Chiquita Brands financed paramilitarism in Urabá, but Colombian justice could not?" the leftist leader said in a post on X, formerly known as Twitter.

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In a statement sent to Newsweek, Chiquita said it planned to appeal the jury's verdict. "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. "While we are disappointed by the decision, we remain confident that our legal position will ultimately prevail."

The verdict followed a six-week trial and two days of deliberations. The yearslong case, originally filed in July 2007, was combined with several other lawsuits.

The AUC, active from the 1990s until its disbandment in 2006, is blamed for the killings of 200,000 people during those years.

In 2007, Chiquita pleaded guilty to a U.S. criminal charge of engaging in transactions with a foreign terrorist organization — the AUC was designated as such by the State Department in 2001 — and agreed to pay a $25 million fine.

Update: 06/11/24, 9:49 p.m.: This article was updated to include a statement from Chiquita to Newsweek.

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