In 2004, twenty-two Argentinean residents had brought a lawsuit against DCAG alleging that one of its subsidiaries, Mercedes-Benz Argentina (MBA) collaborated with Argentinean state security forces to kidnap, detain, torture, and kill the plaintiffs and/or their relatives during Argentina’s “Dirty War.” (1976 until 1983) The case was investigated by German journalist, Gaby Weber, based in Buenos Aires, for the ARD, the public Radio and Television in
Germany.
On August 28, 2009, the District Court in San Francisco had issued a negative finding about the geographical scope of the case, arguing it lacked personal jurisdiction and that there might be an "alternative forum" in Argentina or Germany.
The Court of Appeal now declared that “exercise of personal jurisdiction was reasonable under the circumstances of this case". This means that the German company cannot hide behind technical jurisdictional issues and must now face the undisputed fact that its managers targeted union leaders for extrajudicial killings.
ECCHR has supported this case for a long time. Wolfgang Kaleck, Secretary General of ECCHR, has filed in his capacity as representative of Argentinean victims a criminal complaint against an individual manager of Mercedes Benz Argentina in Germany in 2000 alleging that this manager aided and abetted the disappearance of several trade union workers.
Currently there are criminal investigations concerning this case going on in Argentina. Both in Argentina and the U.S., ECCHR filed expert statements and legal opinions as amicus curiae briefs at the respective courts.
Wolfgang Kaleck, Secretary General of ECCHR welcomes the Court of Appeal´s decision: “This decision opens the opportunity for Argentinean trade unionists and their relatives to obtain late satisfaction”.
For further information please contact:
ECCHR, Wolfgang Kaleck,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
:, Tel: 030.40 04 8590
US Attorney: Terry Collingsworth, 202-543-5811, 202-255-2198 (cell)
Gaby Weber, in Berlin 0179 2993800, www.gabyweber.com/prozesse
