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NGO criticises Swiss judiciary for lack of investigation into criminal complaint against Nestlé over allegations re murder of trade unionist in Colombia

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Company response
21 February 2014

Nestlé response to ECCHR press release “Swiss judiciary must investigate Nestlé case” of 9 January 2014

Author: Nestlé

The safety and security of our workers is a top priority for Nestlé, and the attempt of the ECCHR to put our company in disrepute by trying to discredit both the Colombian and the Swiss justice system is surprising and disappointing...Nestlé condemns all forms of violence. We have never used violence, nor have we associated with criminals. We have no responsibility whatsoever, directly or indirectly, neither by action nor omission for the murder of Luciano Romero....In all cases, neither Nestlé nor any of its executives were charged, indicted or convicted of any action or omission that could make any of them responsible for the murder...

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Article
9 January 2014

[PDF] European Center for Constitutional and Human Rights press release - Swiss judiciary must investigate the Nestlé case

Author: European Center for Constitutional and Human Rights (Germany)

[Business & Human Rights Resource Centre invited Nestlé to respond. Response provided.] The European Center for Constitutional and Human Rights...brought the case of the murdered trade unionist Luciano Romero to the Federal Tribunal...[T]he Swiss Cantonal Court...failed to understand the statute of limitation with respect to the corporate liability, which does not depend on the date of the crime. The company has not undertaken any measures in order to remedy the deficient organization in the company. This so-called organizational deficit, on which Nestlé's liability is founded, cannot therefore be statute-barred...The criminal complaint accused senior managers, as well as the Nestlé company itself, of negligently contributing to the murder by paramilitaries of Luciano Romero on 10 September 2005 in...Colombia...

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