ZOA December 7, 2005
The Zionist Organization of
America’s (ZOA) Center for Law and Justice recently filed an amicus curiae (“
friend of the court”) brief in support of the claims of an Egyptian Jewish
family against the Coca-Cola Company and its subsidiary. The property of Raphael,
Ferial and Bahia Bigio – a brother, sister and mother — had been confiscated
by the Egyptian government in the 1960’s, and Coca-Cola purchased it in or
about 1993, knowing full well that it had been unlawfully seized from the
Bigios because they were Jewish.
The Bigios owned land and factories in Egypt since 1932, where they produced
bottle caps, trays and coolers. Coca-Cola was one of their customers from
1938 until 1962, when the Egyptian government confiscated and nationalized the
Bigios’ property because they were Jewish. For the next three decades, the
Egyptian government continued to run the factories, and Coca-Cola remained a
customer, paying Egypt for products that rightfully belonged to the Bigios.
Deprived of their property, the Bigio family left Egypt in 1965. Before the
sale of the property to Coca-Cola was completed, the Bigios reminded Coca-Cola
in writing that they were the rightful owners and were entitled to be fairly
compensated. Coca-Cola went ahead with the purchase without compensating the
Bigios.
The trial judge dismissed the Bigios’ lawsuit against Coca-Cola, deciding
that though the New York court had jurisdiction over the case, it was more
appropriate for the family’s claims to be resolved by a court in Egypt. The
Bigios appealed that decision to the U.S. Court of Appeals for the Second
Circuit, where the ZOA filed its brief in support of the Bigios. The focus of the
brief is that the Bigios’ claims could not be decided fairly and impartially
in Egypt and should be decided by an American court.
The ZOA showed in its brief that a hatred of Jews is deeply ingrained in
Egyptian society. Although there was once a large and thriving Jewish community
in Egypt dating back to Biblical times, only a relative handful of Jews
remain in Egypt today because of the systematic discrimination, persecution and
expulsion the Egyptian Jewish people faced, which forced most of them to
leave their homes, their livelihoods and their communities. The ZOA chronicled
the long history of anti-Semitism in Egypt, and showed how even the
government-sponsored media gives voice to vicious depictions of Jews – through
anti-Jewish articles, cartoons and caricatures — that are plainly intended to incite
hatred and foster prejudice.
For example, The Protocols of the Elders of Zion – the infamous anti-Semitic
forgery that claims that Jews seek world domination – has become a
bestseller in Egypt. A 30-part series based on The Protocols was broadcast on
mainstream Egyptian television, portraying the hateful document as historical fact
and a dominant part of Israeli policy. Holocaust denial is rampant in the
Egyptian media. And a song called “I Hate Israel” was a hit in Egypt.
The ZOA contended that the hatred of Jews is so embedded in Egyptian society
that the Bigios could not realistically be expected to obtain a fair trial
in an Egyptian court. The ZOA urged the Court of Appeals to reverse the trial
court’s decision and permit the case to proceed in an American court where
the Bigios can expect a fair trial and where Coca-Cola, an American company,
will have to answer for its conduct.
The American Association of Jewish Lawyers and Jurists (AAJLJ) indicated
its full support of the ZOA’s position, which is reflected in the ZOA’s brief.
The AAJLJ is a membership association of lawyers and jurists open to all
members of the professions regardless of religion. It is affiliated with the
International Association of Jewish Lawyers and Jurists, which is based in
Israel and was founded by the late U.S. Supreme Court Justice Arthur Goldberg and
the late Israeli Supreme Court Justice Haim Cohen.
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