On 18 May 2011 a US appeals court (the United States Court of Appeal for the Ninth Circuit in Pasadena) ruled that courts in San Francisco are competent to judge compensation claims filed against DaimlerChrysler AG by the relatives of Argentinean trade unionists. The corporation, which is charged with assisting crimes against humanity including murder and forced disappearance, must now prepare itself for trial.

In 2004 a compensation claim was filed in the US against DaimlerChrysler AG by torture survivors and 22 relatives of the disappeared. The claimants invoked the Alien Torts Claim Act (ATCA), a US-American law dating back to 1789 which has been used numerous times in the last three decades to support the victims of human rights abuses committed outside of the United States. The claimants held that leading managers in Mercedes Benz Argentina (MBA) plants participated in grave crimes committed by Argentinean security forces, namely the disappearance and murder of dissident trade unionists. In so doing, they demanded that DaimlerChrysler take responsibility for the corporation’s involvement in the crimes of the Argentinean Military Junta (1976-1983). In 1999, the journalist Gaby Weber researched the case for German TV and radio.

In August 2009 the case was dismissed by the San Francisco District Court, which claimed that it did not fall within its jurisdiction. This judgement has now been overturned by the appellate court. Proceedings can now be commenced. DaimlerChrysler can no longer hide behind technical questions of judicial competence, and must instead address the grave charges levelled against the corporation.

ECCHR has long supported the relatives of the disappeared trade unionists. Acting as attorney for the victims, ECCHR General Secretary Wolfgang Kaleck filed criminal charges against individual managers at Mercedes Benz Argentina in Autumn 2009. While this case was closed in 2003 by the then-State Prosecutor in Nuremberg-Fürth, proceedings continue against the corporation in Argentina. ECCHR has supported both the Argentinean and US-American proceedings with expert opinions.