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1 Aug 2014

European Centre for Constitutional and Human Rights

Swiss Judiciary declines access to justice

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The Swiss Federal Supreme Court dismissed the appeal of the...widow of the assassinated Colombian...trade unionist and Nestlé-worker Luciano Romero...She had appealed against the closing of the investigations into the responsibility of Nestlé for the murder...The...Court confirmed...that the investigations were statute-barred. It thereby departed from the interpretation...that it is a continuing offence – which, hence, would not be statute-barred...The real issue of the responsibility of the company...for the assassination of one of its workers remains unexamined...With the restrictive interpretation of the Federal Supreme Court there is now a need to reform the statute of limitations...In conflict zones such as Colombia, Nestlé must guarantee the security of its workers and may not aggravate the hazardous situation of trade unionists...In Colombian criminal proceedings, the murder was qualified as a crime against humanity.

Part of the following timelines

Switzerland's highest court rejects case against Nestlé over alleged indirect responsibility in death of Colombian trade unionist

Nestlé lawsuit (re Colombia)