Coca-Cola Co. Denies Involvement in Murder and Rape, Blames "U.S. Judicial System

[Derechos]

The Coca-Cola Company has long marketed itself as being synonymous with American values. However, after a recent complaint filed in the New York Supreme Court alleging they had knowledge of and sought to cover up acts of murder, rape, and attempted murder at a Guatemalan subsidiary, "America's Real Choice" may now have to face up to American justice.

The case Jose Armand Palacios v. The Coca-Cola Co. (102514/2010) has been filed under the Alien Tort Claims Act and alleges that a subsidiary of Coca-Cola based in Guatemala City, INCASA, engaged in terror tactics against the families of Palacios and Jose Alberto Vicente Chavez because of their union activities. The plaintiffs allege that they were targeted with the full knowledge and support of company officials in Atlanta.

According to the case filed on February 25 (court document here):

Coke was directly involved in assisting its agent, INCASA, to achieve its goal of terminating Mr. Palacios for his union activities. Indeed, Coke was bargaining over the security of Mr. Palacios and his family as a way to get him to waive his right to employment and reinstatement. Mr. Palacios was nearly executed on January 28, 2006, the day after he declined again Coke's offer to give him security if he would waive his right to reinstatement. Coke shared the goal of its agent, INCASA, to get rid of Mr. Palacios, and weaken the union.

The court filing goes on to point out that the U.S. State Department has documented "a significant increase in the number of killings of trade union activists and their family members." It further states that the plaintiffs were subjected to violence and threats by local managers, that Vicente's son was murdered, and his daughter was gang-raped "as part of a campaign of violence directed at her father."

Coca-Cola has admitted that they are owners of the company but deny any knowledge or involvement with these crimes. A Coca-Cola spokesperson told the Atlanta Journal-Constitution:

We maintain there is no truth in these allegations. . .The fact of the matter is, we haven't been involved. No knowledge of the violence, no involvement in the violence.

The company went on to condemn the plaintiffs in this case for "forum-shopping" and claimed that bringing the suit under the Alien Tort Claims Act was a "misuse of the U.S. judicial system." Whether or not Coca-Cola was directly involved in these crimes is something that will be decided by the court. However, their assertion that trying this case in a US courtroom would be a misuse of our nation's judicial system is demonstrably false.

The Alien Tort Claims Act (ATCA) is among the oldest legal precedents in our nation's history and was passed as part of the Judiciary Act of 1789. Presumably, ATCA was intended to assure foreign governments that the newly formed Republic had a mechanism to provide redress for any breaches of international law. While it was only used sparingly for nearly 200 years, it has more recently become an important tool for international human rights law.

http://www.huffingtonpost.com/eric-michael-johnson/coca-cola-co-denies-invol_b_494476.html

[Judi Lynn]

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[Wilms]

2. k&r n/t