SWITZERLAND: ACQUITTALS IN KOLMAR GROUP DEFAMATION TRIAL ARE A STEP TOWARDS JUSTICE

The District Court of Bern-Mittelland this morning acquitted the three authors on criminal defamation charges related to a report published by the NGOs Public Eye and TRIAL International in 2020 titled Libyan fuel smuggling: a Swiss trader sailing through troubled waters

Reacting to a decision today by a Swiss court to reject criminal defamation charges and acquit the three authors of a report which alleged that Kolmar Group AG (Kolmar) may have violated international law by buying smuggled Libyan oil, Mark Dummett, Amnesty International’s Head of Business and Human Rights, said:

“The court’s decision to acquit the authors of the report, who were exercising their right to scrutinize the activities of a multinational corporation, helps protect the right to freedom of expression and the work of human rights defenders trying to hold companies to account.

“The court’s decision to acquit the authors of the report, who were exercising their right to scrutinize the activities of a multinational corporation, helps protect the right to freedom of expression and the work of human rights defenders trying to hold companies to account.

Mark Dummett, Amnesty International’s Head of Business and Human Rights

“Amnesty International is among more than 20 non-governmental organizations — concerned by the chilling effect that cases like this brought by powerful corporations are having on the ability of civil society organizations, journalists and human rights defenders to investigate corporate misconduct — which have united to welcome this acquittal.

“Kolmar’s filing of criminal and civil complaints against the report’s authors and publishers bear the hallmarks of a Strategic Lawsuit against Public Participation (SLAPP) through which corporations seek to exploit their disproportionate power and wealth to intimidate and silence critical voices. Kolmar’s ongoing civil litigation still poses an existential threat to Public Eye and TRIAL International, the non-governmental organizations which published the report.

 “Following today’s decision, Kolmar should abide by its responsibility to respect human rights and refrain from continuing to inhibit the right to freedom of expression of human rights defenders, including by not appealing this verdict and by withdrawing the related civil lawsuits.

“The Swiss authorities should take all necessary measures to ensure that corporations cannot use its laws to silence and intimidate human rights defenders. As a first step, they must promptly enact reforms to ensure that defamation is no longer treated as a criminal offence. Switzerland should also institute a comprehensive legal framework to provide safeguards against SLAPPs in civil proceedings including by providing for an early dismissal procedure.”

Background           

The District Court of Bern-Mittelland this morning acquitted the three authors on criminal defamation charges related to a report published by the NGOs Public Eye and TRIAL International in 2020 titled Libyan fuel smuggling: a Swiss trader sailing through troubled waters. The report alleged that Kolmar, a trading and oil refining group domiciled in Switzerland, may have broken international law by purchasing fuel sourced from a network of middlemen who were accused of smuggling gasoil from the Zawiya refinery during the civil war in Libya. Kolmar has denied knowledge of any illegal activity associated with its procurement of fuel from Libya. A civil defamation suit brought by Kolmar against the publishers and authors, which seeks US$1.8 million in damages, remains active.