In a significant victory for families of Indonesian citizens who were killed or abused by security personnel hired by ExxonMobil Corporation, a federal court today ruled that two closely related lawsuits against ExxonMobil for human rights violations can proceed.
The Plaintiffs in the cases, which were filed in the U.S. District Court District of Columbia, allege that Indonesian soldiers hired by ExxonMobil to provide security at the corporation’s natural gas facility physically abused and killed family members who lived or worked in villages within the sprawling operations in rural Aceh, Indonesia.
“This is a huge victory for the plaintiffs,” said Plaintiffs’ co-lead counsel Agnieszka Fryszman, a partner at Cohen Milstein Sellers & Toll. “We are especially pleased that the Court agreed with us that the Plaintiffs had sufficiently tied Exxon’s conduct to the injuries and abuses that were inflicted on these villagers. We look forward to seeing justice done and to putting our case before a jury.”
In 2008, another judge on the District Court had denied ExxonMobil's attempt to avoid trial by rejecting the company’s motion for summary judgment, citing “evidence that these security forces committed the alleged atrocities.” The Court of Appeals then held that the claims must be considered under Indonesian law, not the law of the District of Columbia.
Among highlights of today’s decision, the District Court in a meticulous 43 page opinion:
- Held that Plaintiffs claims can go forward under Indonesian law, finding that “expert testimony indicates to the Court that Indonesian tort law, while using different terminology from American law, compensates tort victims in similar fashion to the common law.”
- Permits Plaintiffs to add information regarding Exxon’s conduct in the United States in order to meet the standard set out by a recent Supreme Court decision, Kiobel v. Royal Dutch Shell.
- Rejected Exxon’s arguments regarding the application of a variety of international law doctrines.
- Permits Plaintiffs to gather additional evidence in support of their claims.
Co-counsel Paul Hoffman of Schonbrun DeSimone Seplow Harris & Hoffman LLP, said, “The well-reasoned and thoughtful opinion is an important one for the enforcement of human rights law.”
Co-counsel Terry Collingsworth of Conrad & Scherer added “Since I first met our clients in 2001, they have endured not only the agony of human rights crimes, but over thirteen years of justice delayed. We are looking forward to getting this case to trial so that our long-suffering clients can obtain justice.”
For more information about the case and the District Court decision, visit /case-study/exxonmobil-aceh-indonesia.
Exxon Opinion - September 24, 2014
Exxon Order - September 24, 2014