The mother of a seven-year-old boy who was torn from his grandmother's arms and drowned in one of Brazil's worst environmental disasters will be among more than 620,000 claimants to be heard this month, the largest in the UK legal field. A class action lawsuit will be filed. history.
Gervana Aparecida Rodríguez da Silva, 37, lost her son Thiago when the Fundandan dam near Mariana in eastern Brazil collapsed on November 5, 2015, releasing approximately 50 cubic meters of toxic waste. Ta.
The water avalanche reached the small community of Bento Rodriguez within minutes, killing 19 people, including Thiago, who was staying with his grandmother at the time.
Da Silva said of her son's final moments, “My grandmother told me that he sought Jesus.'' “He asked Jesus to save them, but they were torn apart.”
Thiago's body was found a week later, 100 kilometers away. “At that moment, my life ended,” she said. “Everything has changed.”
The iron ore waste stored in the dam quickly flowed down various waterways and over the embankments into the neighboring municipalities of Mariana, Barralonga, Rio Doce, and Santa Cruz do Escalvado.
It not only destroyed bridges, roads, homes, factories, and other commercial facilities, but also farmland, wildlife, and historic churches that housed valuable artifacts.
Some 620,000 individuals, 46 Brazilian municipalities, 2,000 companies and 65 faith-based organizations will face charges against the Anglo-Australian mine in a High Court hearing scheduled for 12 weeks from October 21 in London. The company will sue BHP for damages.
Tom Goodhead, CEO of international law firm Pogust Goodhead, which is representing the plaintiffs, said BHP is liable as a 50% shareholder of Samarco, the joint venture responsible for managing the Fundo Tail Dam. He said he would argue that there is.
Goodhead also claimed that BHP, which had a joint venture with Brazilian iron ore mining company Vale, was negligent in that it “funded the expansion despite knowing the risk of dam collapse”. . The plaintiffs are seeking up to $44 billion (£33.6 billion) in damages.
BHP, together with Vale and Samarco, Renova Foundation It aims to compensate individuals and some small and medium-sized enterprises for loss and damage and reduce their impact on the environment. The company said it would defend the legal action.
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A BHP spokesperson said: “The collapse of the Fundan dam is a tragedy and our hearts go out to the families and communities affected.
“Established in 2016 as part of an agreement with the Brazilian authorities, the Renova Foundation will provide ¥7.7 billion in emergency financial assistance, compensation, environmental and infrastructure repair and rebuilding to approximately 430,000 individuals, local businesses and indigenous communities. I've spent more than a dollar.
“BHP Brazil is committed to finalizing a fair and comprehensive compensation and recovery process to keep funds in Brazil for the benefit of the affected Brazilian people and environment, including affected indigenous communities. We are working with Brazilian authorities and others to find a solution.
“BHP will continue to defend the case in the UK. and consider it to be damaging.
“As a non-operating joint venture partner of Samarco, BHP Brasil had no operational or day-to-day management of the business. BHP did not own or operate the dam or any associated facilities.”
Thiago's father, who died two years ago, received a small amount of compensation after the disaster and shared it with da Silva, but she said he had no personal contact with the companies involved.
She said: “All we want is justice, so that something like this never happens to another mother. All the money in this world can't bring back my son, but I want them to know this.” , I want them to be held accountable for this crime.”
Mr Goodhead said: “To our knowledge, we believe this is the largest class action ever brought before a UK court, and possibly the largest in the world.” And it probably depends not only on the amount, but also on the number of claimants participating in it. ”
