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Brazil quake city victims hail landmark Dutch legal victory
Brazil quake city victims hail landmark Dutch legal victory
by AFP Staff Writers
The Hague (AFP) July 30, 2024

Lawyers and residents from a Brazilian city devastated by earthquakes caused by salt mining on Tuesday hailed a landmark victory in a Dutch court which held Brazil's largest petrochemical company liable for the damages.

Dutch judges in 2022 agreed to hear a case brought by nine plaintiffs against Braskem, potentially paving the way for thousands of others to seek compensation for damages in the northeastern city of Maceio.

Once a city of one million people, life in Maceio has been upended by earthquakes in 2018 attributed to salt mining and subsequent cracks in streets and buildings. The quakes forced tens of thousands to flee their homes.

The Rotterdam District Court on Wednesday finally ruled that Braskem, whose European operations are based in the Dutch port city, was liable for the damages caused by the salt mining operations.

The judges ordered Braskem "to pay compensation to the claimants for the damage to be quantified," said court papers, handed to AFP on Tuesday.

One of the plaintiffs, Jose Ricardo Batista said: "This decision means an immeasurable achievement for my family and for the residents of areas directly and indirectly affected.

"I hope that the ruling would be carried out as soon as possible... I have serious health problems and my wife is depressed, with no prospect for the future," he said in a statement.

The judgement was "a stark reminder to global corporations that... they cannot jeopardise the lives and livelihoods of local communities with impunity," added Tom Goodhead of the Pogust Goodhead legal firm.

Braskem previously said it has offered financial compensation and psychological support to those affected, as well as help moving house.

The firm said it had paid out 3.93 billion reais ($790 million) in compensation and financial aid to more than 18,000 people.

Lawyers for Braskem argued in court that as the settlement had already been agreed in Brazil, the case in the Netherlands was superfluous.

Dutch judges, however, said "it is certain for the claimants that they would not get an acknowledgement of liability by Braskem" in Brazilian courts.

"This recognition can be obtained by a Dutch court," the judges said, adding "Braskem does not want to acknowledge that it is liable... it is only acknowledged that Braskem has an obligation to compensate damages.

"The satisfaction that follows from an acknowledgement of liability is thereby denied to the claimants," the judges said.

"The facts alleged by the claimants, if they were to be established, would constitute a serious violation of their fundamental rights," the judges added.

The claimants "are not only seeking financial compensation, but also recognition of the injustice done to them," the judges said.

Braskem's lawyers or the company could not immediately be reached for comment.

jhe/cw

Braskem

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