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power over Venezuelan workers they managed to get in Colombia, where they have been feared and hated for years, due to the excessive kidnappings, tortures, and assassinations of their union activists.
DANIEL M. KOVALIK TERRY COLLINGSWORTH UNITED STEELWORKERS NATACHA THYS OF AMERICA, AFL-CIO/CLC INTERNATIONAL LABOR RIGHTS FUND Five Gateway Center 733 15th Street N.W. Suite 920 Pittsburgh, PA. 15222 Washington, D.C. 20005 Tel-412-562-2518; Fax-412-562-2574 Tel-202-347-4100; Fax-202-347-4885
IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA _____________________________ SINALTRAINAL; THE ESTATE OF ) ISIDRO SEGUNDO GIL; LUIS ) EDUARDO GARCIA; ALVARO ) GONZALEZ LOPEZ; JOSÉ DOMINGO ) FLORES; JORGE HUMBERTO LEAL; ) JUAN CARLOS GALVIS ) ) all c/o SINALTRAINAL ) Carrera 15 No. 35-18 ) Santafé de Bogotá ) Colombia, S.A. ) ) Plaintiffs, ) ) v. ) ) THE COCA-COLA COMPANY, ) One Coca-Cola Plaza, Atlanta GA, 30313; ) COCA-COLA DE COLOMBIA, S.A, c/o ) One Coca-Cola Plaza, Atlanta GA 30313; ) PANAMERICAN BEVERAGES, INC., ) 701 Waterford Way, Miami, FL 33126; ) PANAMCO, LLC, 701 Waterford Way, ) Miami, FL 33126; PANAMCO ) INDUSTRIAL de GASEOSAS, S.A. a/k/a ) PANAMCO COLOMBIA, S.A. ) c/o 701 Waterford Way, Miami, FL 33126; ) RICHARD I. KIRBY, ) 881 Ocean Drive, Key Biscayne, FL 33149; ) RICHARD KIRBY KIELLAND, 881 Ocean ) Drive, Key Biscayne, FL 33149; and ) BEBIDAS y ALIMENTOS de URABA, ) S.A., c/o 881 Ocean Drive, Key Biscayne, ) FL 33149, ) ) Defendants. ) _________________________________ ) CIVIL ACTION NO. COMPLAINT FOR EQUITABLE RELIEF AND DAMAGES JURY TRIAL DEMANDED
.... Robert Stropp, Jr. Edward M. Gleason, Jr. MOONEY, GREEN, GLEASON BAKER, GIBSON & SAINDON, PC Suite 400, 1920 L Street N.W. Washington, D.C. 20036 (202) 783-0010 FAX (202) 783-6088 .... COMPLAINT I. INTRODUCTION 1. This case involves the systematic intimidation, kidnapping, detention and murder of trade unionists in Colombia, South America at the hands of paramilitaries working as agents of corporations doing business in that country. The violent persecution of trade unionists in Colombia has been at epidemic proportions for many years. Since 1986 when the Central Unitaria de Trabajadores de Colombia ("CUT"), the largest trade union confederation in Colombia, was formed, over 3,800 trade unionists have been murdered. Presently, of every five (5) trade unionists murdered in the world, over 3 are Colombian. This case, brought under the Alien Tort Claims Act, RICO and state tort law, is brought to remedy and prevent the violent persecution of trade unionists at various locations of one particular company doing business in Colombia -- Coca Cola. This campaign of terror against trade unionists in Colombia and at Coca Cola in particular is ongoing. For example, on June 21, 2001, at a Coca-Cola bottling plant in Monertia, in the Cordoba Province of Colombia, Oscar Dario Soto Polo an employee at this operation, and a member of the Executive Committee of the CUT, was gunned down in the street as he was accompanying his youngest daughter to her house. Sen. Oscar Soto was engaged in negotiations with Coca Cola at the time over union proposals to provide security to trade unionists under threat. II. NATURE OF THE ACTION 2. Plaintiff SINALTRAINAL is a Colombian trade union and a member of the CUT. SINALTRAINAL represents workers at a number of beverage and food companies in Colombia, including several Coca-Cola bottling plants throughout Colombia. SINALTRAINAL (hereinafter referred to as the "Union") has been decimated ..... by the intimidation, kidnap, detention, torture and assassination of numerous of its leaders by paramilitary forces working as agents of corporate concerns, including Defendants, in Colombia. Plaintiff Union brings this Complaint for equitable relief and damages to remedy the injury to itself caused by the wrongful conduct of the Defendants Coca-Cola Company (hereinafter referred to as “Coke”); Coca-Cola de Colombia, S.A. (hereinafter referred to as “Coke Colombia”); Panamerican Beverages, Inc., Panamco, LLC (collectively referred to herein as "Panamco"); Panamco Industrial de Gaseosas, S.A. a/k/a Panamco Colombia, S.A. (hereinafter referred to as “Panamco Colombia”); Richard I. Kirby, Richard Kirby Keilland and Bebidas y Alimentos de Uraba, S.A. (hereinafter referred to as “Bebidas y Alimentos”). 3. Plaintiff Estate of Isidro Segundo Gil ("Plaintiff Estate") represents the estate of Isidro Segundo Gil who was murdered by paramilitary forces inside the Carepa plant of Defendant Bebidas y Alimentos. Plaintiff Estate brings this Complaint against Defendants Coke, Coke Colombia, Bebidas y Alimentos, Richard I. Kirby and Richard Kirby Keilland for damages to remedy the wrongful death of Isidro Segundo Gil which was proximately caused by the wrongful conduct of these Defendants. 4. Plaintiffs Luis Eduardo Garcia, Alvaro Gonzalez, José Domingo Flores, Jorge Humberto Leal and Juan Carlos Galvis bring this Complaint against Defendants Coke, Coke Colombia, Panamco and Panamco Colombia for equitable relief and for damages to remedy the injury to their persons caused by the wrongful conduct of these Defendants. 5. The claims in this case arise from Defendants’ wrongful actions in connection with their production, bottling and distribution of Coke products in Colombia. With respect to their business operations in Colombia, the Defendants hired, contracted ..... with or otherwise directed paramilitary security forces that utilized extreme violence and murdered, tortured, unlawfully detained or otherwise silenced trade union leaders of the Union representing workers at Defendants’ facilities. The individual Plaintiffs have been subjected to serious human rights abuses, including murder, extrajudicial killing, kidnapping, unlawful detention, and torture in violation of the Alien Tort Claims Act (ATCA), 28 U.S.C. §1350, the Torture Victims Protection Act (TVPA), international human rights law, and the common tort law of the state of Florida. Further, Defendants, their alter egos and/or their agents engaged in a conspiracy to cause physical and mental harm to Plaintiffs in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. 6. More: http://lrights.igc.org/projects/corporate/coke/COKEFINComplaint.pdfhttp://lrights.igc.org/projects/corporate/coke/
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