Business & Human Rights Resource Centre: Drummond lawsuit (re Colombia)

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Main Content: Drummond lawsuit (re Colombia)

In 2002, the families of three deceased Colombian labour leaders and the union they belonged to, Sintramienergética, filed suit against Drummond Company, Inc. and its wholly-owned subsidiary Drummond Ltd. in US federal court.  The plaintiffs alleged that Drummond hired Colombian paramilitaries to kill and torture the three labour leaders in 2001.  Sintramienergética represents workers at Drummond’s coal mining operations in Colombia.  The case was brought under the US Alien Tort Claims Act (ATCA), US Torture Victim Protection Act and Alabama state law.  Drummond sought dismissal of the case, which the court granted as to the state law claims and one of the ATCA claims in 2003.  The court declined to dismiss the ATCA claims for extrajudicial killing and for denial of rights to associate and organise.  In March 2007, the court ruled that the case against Drummond Ltd. (the subsidiary) would go to trial, but dismissed the case against Drummond Company (the parent company).  In June of 2007, the district court judge dismissed the wrongful death claims, but the judge allowed the plaintiffs’ war crimes allegations under ATCA (summary execution) to stand.  The trial was held in July 2007.  The jury acquitted Drummond finding that the company was not liable for the deaths of the three murdered labour leaders.  On 11 December 2007, the plaintiffs filed their opening brief to appeal the lower court's verdict with the US Court of Appeals for the 11th Circuit.

- "Alabama Company Is Exonerated in Murders at Colombian Mine", Kyle Whitmore, New York Times, 27 Jul 2007

- “Drummond case shows danger facing Colombian unions”, Hugh Bronstein, Reuters, 16 Nov 2006

- “US firm sued after mine union leaders' deaths”, Andrew Gumbel, Independent [UK], 25 Mar 2002


- Drummond Ltd.: [PDF] Drummond does not negotiate with illegal groups; the Company emphatically rejects all charges against the company and its executives, 21 Mar 2007 [press release]

- Drummond Company: Drummond's Colombian Operations

- International Rights Advocates [plaintiffs’ co-counsel]: Drummond [includes links to certain news items about the case and certain legal documents]


- [PDF] Romero, et al. v. Drummond, et al. - Appellants' Opening Brief, 11 Dec 2007
- [PDF] Estate of Valmore Lacarno Rodriguez v. Drummond Company - Complaint, 14 Mar 2002


- US Court of Appeals for the 11th Circuit: [PDF] Juan Aquas Romero v. Drummond Company, 14 Mar 2007 [order unsealing certain case documents]
- US District Court for the Northern District of Alabama: [PDF] Estate of Valmore Lacarno Rodriguez v. Drummond Company, 14 Apr 2003 [order dismissing certain claims, declining to dismiss claims for extrajudicial killings and denial of rights to associate & organise]

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