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Lawsuit

28 Feb 2012

BP lawsuit (re Casanare, Colombia, filed in the US)

Status: CLOSED

Date lawsuit was filed
28 Feb 2012
Male
Human Rights Defender
Location of Filing: United States of America
Location of Incident: Colombia
Type of Litigation: Transnational

Companies

bp United Kingdom Oil, gas & coal

Sources

Para la versión en español de este perfil, haga clic acá

Snapshot: In 2002, a trade unionist sued BP in the UK and the UK, alleging he was kidnapped by a paramilitary group who was paid by Ocensa, a joint venture between BP's subsidiary and Ecopetrol. BP denied the allegations. The plaintiff voluntariy withdraw his US case, due to recent changes in the law and the UK case was dimissed by the Court, who ordered it should end with no payment of costs. This case profile looks at proceedings in the US.

In 2002, Gilberto Torres, a trade unionist who worked at an oil pumping station in the Casanare region of Colombia, was kidnapped by a paramilitary group.  He was detained in a pit and tortured for over 6 weeks. The plaintiff sued BP in the US and launched proceedings in the UK alleging that the paramilitaries were paid by Ocensa (a joint-venture between BP’s subsidiary BPXC, and Ecopetrol) to protect the pipeline from guerrilla attacks, and claiming that Ocensa ordered them to carry out the kidnapping.  BP denies the allegations.

US proceedings:

In February 2012, Gilberto Torres brought a lawsuit against BP in the US, under the Alien Tort Statute (ATS). His case was on hold pending the US Supreme Court’s decision in Kiobel v. Shell.  On 28 January 2014, in light of the Supreme Court decision in Kiobel, Gilberto Torres voluntarily withdrew his case.

- “Union Leader Blames BP for His Torture”, Ryan Abbot, Courthouse News Services, 28 Feb 2012

Conrad & Scherer [plaintiff’s lawyer]:
- Gilberto Edgar Torres Martinez v BP [complaint], 28 Feb 2012