Exxon Mobil Must Defend Suit Over Indonesian Guards
Bloomberg
1/17/2007
ABSTRACT
On January 12th, the DC Circuit rejected an attempt by Exxon Mobil to stop a lawsuit against it from proceeding in US Courts. Eleven Indonesian villagers have sued Exxon, alleging that the oil giant is responsible for the conduct of military security forces it hired to protect its facilities in Aceh, Indonesian. Those security forces have been responsible for killings, kidnappings, torture and sexual assaults committed against the local villagers. For example, one villager was tortured by electric shock, another was taken to an office inside the Exxon compound and beaten, another had his house burned down by security personnel who also broke his son's leg. In 2001, Time magazine reported that "riding a bicycle or oxcart on the street in front of Exxon Mobil's facilities has become a deadly game of dodge-bullet with soldiers taking potshots at just about anybody who moves."
The lawsuit, filed by Cohen Milstein Sellers & Toll and the International Labor Rights Fund, is pending in US District Court for the District of Columbia. The DC Circuit rejected Exxon Mobil’s appeal, which will enable the Plaintiffs to continue to gather evidence to prove their claims.
EXCERPT
"Exxon Mobil Corp., the world's largest oil company, must face a lawsuit that claims Indonesian soldiers guarding a natural-gas processing plant in Aceh province tortured and killed local residents.
In a 2-1 ruling, the U.S. Court of Appeals in Washington upheld a lower court's denial of Exxon Mobil's request to throw out the case entirely. The suit, filed in 2001 by 11 Indonesians, claims the soldiers are under Exxon Mobil's control, making the Irving, Texas-based company liable.
``What the villagers are really seeking is for Exxon to change the way it does its policing,'' plaintiffs' attorney Agnieszka Fryszman said today in a telephone interview. ``These abuses are continuing.''
The suit seeks unspecified money damages and a court order prohibiting the abuses. Exxon Mobil had moved for dismissal, arguing that the case raises political questions outside the jurisdiction of U.S. courts. District Court Judge Louis Oberdorfer in Washington rejected that claim in March.
``Exxon Mobil condemns human rights violations in any form,'' spokeswoman Susan Reeves said in an e-mailed statement. ``There are many steps involved before the case could proceed,'' on the remaining claims, she said.
The appeals court's ruling will allow the plaintiffs to further develop their evidence against Exxon Mobil, said Fryszman, a partner in the Washington-based law firm Cohen Milstein."
For more information, please contact us at lawinfo@cohenmilstein.com.