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Kashef v. BNP Paribas SA

Sudanese Rights Violation Claimants Do Not State Tort Liability Claims Under Swiss Law

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OPINION & ORDER This putative class action is brought on behalf of victims of the Sudanese government’s campaign of human rights abuses from 1997 to 2009. Plaintiffs bring various state law claims against Defendant financial institution and its subsidiaries for assisting the Sudanese government in avoiding U.S. sanctions, which Plaintiffs claim provided the Regime with funding used to perpetrate the atrocities. The Court previously granted the Defendants’ motion to dismiss in light of the act of state doctrine and timeliness, but that decision was reversed by the Second Circuit. Dkt. Nos. 101, 106. Following remand, the Defendants renewed their motion to dismiss Plaintiffs’ Second Amended Complaint for failure to state a claim. For the reasons described in this opinion, the motion is granted in part and denied in part. I. BACKGROUND A. Factual Background Plaintiffs were victims of horrific human rights abuses undertaken by the Government of Sudan between 1997 and 2009, including “beatings, maiming, sexual assault, rape, infection with HIV, loss of property, displacement from their homes, and watching family members be killed.” Second Amended Complaint (“SAC”), Dkt. No. 49, 24; see also SAC

30-50 (outlining specific abuses suffered by each representative Plaintiff). The Defendants are BNP Paribas S.A., a French financial institution, as well as several of its branches and subsidiaries, as well as individual defendants working for the bank (collectively “BNPP”). Between 1992 and 1997, in response to the Government of Sudan’s human rights abuses against its own people, the United States government took a series of steps aimed at stemming the abuses, including formal condemnation, designation as a state sponsor of terrorism, and eventually economic sanctions. SAC

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