LONDON (KAAB TV) – In a significant development today, the District Court of Bern-Mittelland in Switzerland has acquitted three authors who faced criminal defamation charges following a report alleging potential violations of international law by the Kolmar Group AG (Kolmar).
The report, titled “Libyan fuel smuggling: a Swiss trader sailing through troubled waters,” was published in 2020 by NGOs Public Eye and TRIAL International.
Reacting to the court’s decision, Mark Dummett, Head of Business and Human Rights at Amnesty International, emphasized the importance of protecting freedom of expression, stating, “The court’s decision to acquit the authors of the report… helps protect the right to freedom of expression and the work of human rights defenders trying to hold companies to account.”
The report had suggested that Kolmar might have been involved in purchasing smuggled Libyan oil during the civil war, sparking legal action from the company.
However, the acquittal is being hailed by over 20 non-governmental organizations as a victory against corporate intimidation tactics.
Mark Dummett further highlighted concerns about Strategic Lawsuits against Public Participation (SLAPPs), stating, “Kolmar’s filing of criminal and civil complaints… bear the hallmarks of a Strategic Lawsuit against Public Participation… through which corporations seek to exploit their disproportionate power and wealth to intimidate and silence critical voices.”
While the criminal defamation charges have been dismissed, Kolmar’s civil defamation suit seeking US$1.8 million in damages against the publishers and authors remains active, posing a continued threat to freedom of expression.
Amnesty International and other concerned organizations are urging Kolmar to respect human rights and refrain from further legal action.
This ruling not only marks a legal victory for the authors but also underscores the need for reforms in Switzerland to safeguard against SLAPPs and ensure that defamation is not treated as a criminal offense, thereby protecting the rights of journalists, NGOs, and human rights defenders.