After 16-Year Fight, Akin Pro Bono Clients Secure Settlement in Historic Human Rights Case

October 2, 2023

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A 16-year-long legal fight to see justice done for the families of eight indigenous Bolivians murdered in a 2003 massacre conducted by Bolivian troops has ended with a settlement that will see family members receive compensation. Akin has been proud to provide pro bono counsel to the families throughout their quest for justice.

As shown at trial in the Southern District of Florida in 2018, troops under the command of former Bolivian President Gonzalo Sánchez de Lozada and his former defense minister, José Carlos Sánchez Berzaín were deployed to suppress mass protests over the government’s natural gas export plans.

Sánchez de Lozada and Sánchez Berzaín fled Bolivia after the massacre and have lived in the United States since then. In 2007, the victims’ families sued both men in federal court, alleging that they had authorized Bolivian troops to shoot unarmed civilians on sight. In 2018, a historic verdict saw a federal jury in Florida find both men responsible for the killings and award plaintiffs $10 million in damages—the first time that a former head of state had had to face their accusers in a human rights trial in the U.S.

Although the verdict was overruled by a U.S. district judge, the 11th Circuit found that the district judge had misapplied legal standards. On remand, the defendants’ motion for a judgment as a matter of law was denied. They then appealed again. The settlement closes the matter.

The defendants admit no responsibility, per the terms of the settlement, and the plaintiffs agree not to pursue further litigation. In return, Sánchez de Lozada and Sánchez Berzaín withdrew their appeal to the 11th Circuit.

Steven Schulman, Akin’s pro bono partner, said of the settlement, “We could not be happier to bring this historic litigation to a successful close for our clients almost exactly 20 years since this atrocity was committed. Our clients’ tenacity and spirit have inspired us time and again over the years. This has been a landmark case for the firm in terms of the number of attorneys involved, miles travelled, and hours of legal work done, and we are extremely proud that our efforts, in concert with co-counsel, have yielded such a satisfactory result.”

Akin Supreme Court & appellate partner James Tysse and counsel Lide Paterno, with Steven Schulman, represented the plaintiffs in the 11th Circuit proceedings, and litigators Joseph Sorkin and Rubén Muñoz led the trial team in the Southern District of Florida.

Akin is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

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