On 16 October French investigating judges ordered Lafarge SA and four former executives to stand trial before the French criminal court for financing a terrorist organization and violating an embargo. The human rights organizations Sherpa and ECCHR, plaintiffs in this case, welcome this significant development after eight years of proceedings. However, the prospect of this trial should not overshadow a critical aspect of this case, as the company is also charged for complicity in crimes against humanity committed by armed groups, in a separate but ongoing part of this judicial inquiry.
After news reports revealed Lafarge’s dealings in Syria, Sherpa, the European Center for Constitutional and Human Rights (ECCHR) and 11 former Syrian employees of Lafarge filed a complaint in France in November 2016 against Lafarge, its Syrian subsidiary and several executives. The French cement giant is accused of complicity in crimes against humanity via the financing of several armed groups in Syria - including the Islamic State - to continue operating its cement plant despite the conflict and serious risks to its employees. This led to the opening of a judicial investigation and to the indictment of Lafarge and several of its executives.
Today, the magistrates partially followed the prosecutor's request: Lafarge and four former executives of the parent company and Syrian subsidiary have been ordered to stand trial before a criminal court for financing a terrorist enterprise and violating a European embargo prohibiting all financial or commercial relations with the organizations al-Nosra and Islamic State. Two former employees in charge of the security at the Syrian factory, and Firas Tlass, an important Syrian businessman, have also been ordered to stand trial. However, the charges against Lafarge’s former Security Director have been dismissed.
At the forthcoming trial on terrorism charges, Syrian employees will not be able to seek compensation, as they were deemed inadmissible as plaintiffs for these offenses.
Investigation into complicity in crimes against humanity continues
While today's decision closes part of the judicial investigation, this case extends beyond the financing of terrorism.
Lafarge is the first company in the world to have been charged with complicity in crimes against humanity. As the French Supreme Court declared in this case, it is the multiplication of acts of complicity that enables crimes against humanity – considered "the most serious of crimes". Acts of complicity cannot therefore go unpunished.
Obstacles remain for Syrian plaintiffs to access justice
The judicial investigation shows that Syrian workers faced many threats, including risks of injury, kidnapping, and death. Despite this evidence, last January the French Supreme Court dismissed Lafarge’s indictment for endangering the lives of its Syrian workers.
Sherpa and ECCHR continue to work alongside the plaintiffs for access to justice and reparation.