Sixteen Ecuadorian fishermen who survived a US military attack that destroyed their fishing vessel in the Pacific Ocean are preparing to sue the Trump administration, accusing American forces of unlawfully targeting them, kidnapping them and subjecting them to torture.
The lawsuit, expected to be filed on Monday in a US district court in western Pennsylvania, concerns a March 17 attack on the La Negra Francesca Duarte II, which left two crew members with serious burns and destroyed the vessel.
The fishermen maintain that they had no involvement in drug trafficking and were returning from a two-week fishing expedition when two armed drones struck their boat, approximately 385 nautical miles from the Ecuadorian port of Manta.
The attack formed part of Operation Southern Spear, a military campaign launched by the Trump administration in November 2025 to combat individuals it describes as drug traffickers and narco-terrorists operating across the Caribbean and Pacific regions.
Fishermen deny links to drug cartels
According to the legal filing obtained by The Guardian, the fishermen insist that the American military wrongly identified their vessel as a target despite its crew having no connection with criminal organisations.
The lawsuit states that two armed drones exploded aboard the fishing boat, triggering a fire that rapidly engulfed the vessel and eventually destroyed it.
Two fishermen suffered particularly serious injuries after flames caught their bodies, leaving burns on their legs, arms and backs.
The remaining crew members reportedly jumped into the sea and climbed into smaller emergency boats, which they used to row towards an unidentified American military vessel.
However, the fishermen alleged that a surveillance drone followed them as they attempted to escape the burning vessel.
When they eventually reached the American ship, military personnel wearing camouflage uniforms allegedly restrained them with plastic cable ties and placed hoods over their heads.
The fishermen’s account suggests that their ordeal continued long after the destruction of their boat, as they were subsequently transported to a detention facility in El Salvador.
They reportedly remained imprisoned there for several weeks before eventually returning home.
Lawsuit demands compensation over alleged kidnapping and torture
The legal action seeks unspecified financial compensation for the destruction of the fishing vessel, the injuries sustained during the attack and what the plaintiffs describe as their subsequent kidnapping and torture.
Dan Kovalik, a Pittsburgh-based lawyer representing the fishermen, said the men had experienced considerable trauma following the incident and were still struggling to rebuild their lives.
He explained that the fishermen had spent weeks away from home, first on their fishing expedition and subsequently in detention in El Salvador.
“They go out fishing, they don’t come home for a month, they’re like in a migrant detention center in El Salvador, and as we know those centers are not so nice,” Kovalik said.
He added that the experience had been devastating for the men, particularly those who sustained serious injuries.
“So there’s a lot of trauma there. It was catastrophic for them. They are home now, but they are struggling financially, and the two guys who were hurt bad are still dealing with that,” he said.
Kovalik also explained that losing their fishing vessel had deprived the plaintiffs of their principal means of earning a living.
Without the boat, the fishermen have been unable to resume their normal work or adequately support their families.
The lawyer said his clients were particularly frustrated that they had no meaningful opportunity to challenge the actions of American authorities before deciding to pursue legal action.
“They would also like the US to stop these boat strikes. That’s another goal of all this, and I think the US public and the media have been, honestly, not outraged enough about these strikes,” he said.
Legal challenge questions authority for military attacks
The fishermen’s lawsuit describes the March 17 operation as manifestly unlawful, arguing that the American military attacked a vessel that had already been inspected by Ecuadorian authorities.
According to the filing, Ecuadorian officials examined the boat and concluded that it was not transporting illegal drugs and that its crew members had no affiliation with drug cartels.
The plaintiffs argue that the subsequent American attack therefore lacked a legitimate justification.
They also contend that the operation was conducted without the necessary authorisation from the US Congress, raising questions about the legal authority behind the Trump administration’s campaign against suspected drug-trafficking vessels.
The lawsuit further argues that the treatment of the fishermen violated established maritime law and amounted to unlawful violence against individuals who were not participating in an armed conflict.
“There is no actual armed conflict that could justify the use of military force against the boats, nor was there one on March 17 when the attack took place,” the filing states.
It adds that the American campaign of bombing vessels and attacking individuals at sea violates longstanding principles of international law.
The legal arguments could place the administration under further scrutiny over the rules governing its military operations against suspected drug traffickers in international waters.
Nearly 250 people reportedly killed in US operations
The fishermen’s case comes amid growing criticism of Operation Southern Spear, under which American forces have carried out repeated attacks on vessels accused of involvement in drug trafficking.
The Washington Office on Latin America, a human rights advocacy organisation, estimates that nearly 250 people have been killed in the military operations.
The organisation has described the attacks as extrajudicial executions, arguing that the US government has not provided sufficient evidence demonstrating that those killed were actually involved in trafficking.
The latest lawsuit could therefore become another important legal challenge to the administration’s approach to combating suspected drug-related activities at sea.
The US Department of Defense declined to discuss the fishermen’s allegations, saying its policy was not to comment on pending or ongoing litigation.
The department’s position was communicated in a statement on Friday.
Earlier, when details of the March attack emerged in June, the Pentagon and US Coast Guard denied involvement in operations targeting Ecuadorian fishing vessels.
A spokesperson for US Southern Command said American forces had no knowledge of the incidents described in reports about the fishermen.
“We have no knowledge of, nor were Department of War forces involved in, the incidents described in those reports,” the spokesperson said.
The military command also maintained that American operations were conducted under established legal authorities and in accordance with professional and safety standards.
“US forces conduct operations under established legal authorities and hold its forces to the highest standards of professionalism, safety, and compliance with US and international law,” the statement added.
Lawyers expect Trump administration to fight the case
Kovalik acknowledged that the US government was likely to challenge the lawsuit but said the western Pennsylvania district court was an appropriate venue because of its experience handling maritime cases.
Beyond securing compensation for the fishermen, he believes the proceedings could generate greater public attention and encourage congressional investigations into American military strikes against vessels.
The timing is particularly significant because Democrats are expected to assume control of Congress in January, creating an opportunity for lawmakers to examine the administration’s military policies.
Kovalik said some Democratic lawmakers had already expressed interest in holding hearings on the attacks.
“Some of the Democrats that we met with are very interested in doing hearings on these boat strikes,” he said.
“We hope this case will encourage the Democrats when they get sworn in in January to start some hearings. I think it will have that impact.”
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The Ecuadorian fishermen’s legal action is not the first attempt to hold the Trump administration accountable for deaths resulting from its maritime military campaign.
In January, relatives of two Trinidadian fishermen, Chad Joseph, 26, and Rishi Samaroo, 41, filed a similar lawsuit in Massachusetts.
The two men were killed in an American military strike in the Caribbean approximately three months before their families initiated the legal proceedings.
That case was described as the first of its kind against the administration over the military attacks.
The American Civil Liberties Union is also among organisations calling for an end to the operations, describing them as a frightening and unlawful campaign of killings at sea.
As the new lawsuit moves towards the courts, the central questions will include whether American forces had sufficient legal grounds to attack the Ecuadorian vessel, whether the fishermen were wrongly identified as criminal targets and whether the government can be held responsible for their injuries, detention and financial losses.
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