3. Providing information to the perpetrators of international crimes

Liability may arise for companies or individuals when they provide data or information to governments or armed groups who use that information to commit atrocity crimes. This may extend from provision of personal information identifying individual activists, journalists, trade unionists, or human rights defenders, to the provision of data used in digital surveillance systems. Liability may arise even where national law is complied with or import and export regulations are respected.

  • 3.1 Fronterita Argentina

    On May 13, 2019, the Federal Court of Appeals of Tucumán, Argentina affirmed the charges against three executives of the La Fronterita Sugar Mill, in Tucuman. The court found that a clandestine detention center and military base operated from the grounds of the factory and that crimes against humanity had been committed there.

    The executives were charged with participating in crimes against humanity of torture and participating in a criminal enterprise.

    “The events attributed to them claimed the lives of 68 people linked to the Factory and Furrow Workers' Union of the "Ingenio La Fronterita" and/or residents of the premises or surrounding towns. They were provisionally classified as crimes against humanity, having been committed as part of a widespread and systematic attack against the civilian population during the last dictatorship.

    Of the victims in the case, 43 worked at the sugar mill, 31 lived in the colonies owned by the company that operated the La Fronterita Sugar Mill, 10 were kidnapped on their way to work at the sugar mill, 10 were kidnapped at the checkpoint that connected the industrial plant to the colonies, 10 were union members of the sugar mill's union, and 8 were kidnapped using sugar mill vehicles.

    The charge is based on contributions made by the defendants in their capacity as representatives, members, or directors of the company …which consisted of providing the facilities and locations for the establishment of a military base and clandestine center that operated there.

    Furthermore, they collaborated with its logistical operations and maintenance; issued permits and authorizations for military forces to circulate and exercise complete control over the "La Fronterita" property and its internal roads; provided company-owned vehicles to military personnel for clandestine repression tasks; provided general and detailed information on workers and employees in order to identify them and implement illegal persecution and repression measures against them; and failed to file any complaint regarding the events involving the victims.” (Prosecutor's Office website, 2022)


    Sources:

    Groundbreaking Tucumán dictatorship trial at risk due to defendant’s age, Buenos Aires Herald, 26 July 2025

    Request from the Prosecutor's Office to the Federal Court and the General Directorate of Asset Recovery and Forfeiture (includes case history), 29 December 2022; “Tucumán: At the request of the MPF, the La Fronterita sugar mill was seized for having been used to commit crimes against humanity.

    Ministerio de Justicia, Lesa humanidad: la Secretaría de Derechos Humanos será querellante en la cause “La Fronterita”, 6 November 2020

    Trial Monitoring, Crimes Against Humanity in Argentina, Secretariat for Human Rights of the Nation, Ministry of Human Rights (not updated)

  • 3.2 VW Brazil

    In September 2015, former VW factory workers and other trade unionists filed a complaint against VW Brasil in São Paolo. They accused of spying on its workforce and handing over opposition members to be tortured by the Braziliam military dictatorship (1964-1985). Brazil’s National Truth Commission found that more than 400 people were killed and around 40,000 people were tortured during Brazil's dictatorship. The Commission also uncovered evidence that Brazilian and foreign companies secretly helped the authorities identify so-called ‘subversives’.

    The São Paolo authorities investigated the complaint against VW. A settlement was reached in 2020, in which Volkswagen agreed to pay Euro 5.5 million to victims and stated "We regret the violations that occurred in the past. For Volkswagen AG, it is important to deal responsibly with this negative chapter in Brazil's history and promote transparency."

    Sources:

    Case summary, ECCHR, 2020

    Documents suggest foreign automakers aided Brazil’s dictators, Brian Winter, Reuters, Aug. 5, 2014

    Ministério Público Federal, Ministério Público do Trabalho, Ministério Público do Estado de São Paulo, Inquérito Civil, Compromisso de Ajustamento de Conduta, 23 September 2020

    Ministério Público Federal – Procuradoria Federal dos Direitos do Cidadão, Decisão nº 4/2021-PFDC/CAV – Referência: IC 1.34.001.006706/2015-26 (Aprovação do TAC)

    Relatório conjunto do MPF, MP/SP e MPT: Direitos humanos, Empresas e Justiça de Transição: O papel da Volkswagen do Brasil na Repressão Política durante a Ditadura Militar, relativo a:

    Inquérito Civil nº 1.34.001.006706/2015-26 (Ministério Público Federal)

    Inquérito Civil nº 14.725.1417/2015-7 (Ministério Público do Estado de São Paulo)

    Inquérito Civil nº 000878.2016.02.001/3 (Ministério Público do Trabalho), outubro de 2020

    Relatório da Comissão Nacional da Verdade, 10 de dezembro de 2014

  • 1.3 Amesys

    Watch this space: A court in France has confirmed an indictment against companies providing digital surveillance systems to a repressive regime.

    Sources:

    https://ujim.trialinternational.org/latest-post/amesys/

  • 1.4 Qosmos

    More on this case soon.

Fact patterns of corporate involvement from other situations where international crimes are alleged

Plus some useful links…

This page is under construction

Not for citation

This page is under construction • Not for citation •