Italy court sentences billionaire in landmark asbestos case
source: http://www.rnw.nl/english/bulletin/italy-court-sentences-two-asbestos-trial-0
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Stephan Schmidheiny, the former owner of a company making Eternit fibre cement, and Jean-Louis Marie Ghislain de Cartier de Marchienne, a major shareholder, were sentenced in absentia after being found guilty of causing an environmental disaster and failing to comply with safety regulations.
They were also ordered to pay damages to civil parties in a payout expected to add up to tens of millions of euros (dollars).
Hundreds of relatives of victims had waited anxiously for the verdict in a trial which was closely watched as a potential precedent around the world, and they wept, cheered and clapped when the sentence was read aloud.
"It's a fair verdict which acknowledges their responsibility... the problem now is to see if the condemned men will face up to their obligations, because we're not sure," lawyer Sergio Bonetto told AFP.
Schmidheiny is now 64 years old and De Cartier 90. Their crimes usually carry a maximum 12-year sentence, but prosecutors had sought a harsher punishment because they say the fall-out continues to affect victims.
Defence lawyers denied the accused had direct responsibility for the Italian company, and the pair have been absent from court throughout.
"This trial will go down in history... but it will not bring my dad back," said Piero Ferraris, whose father Evasio died in 1988 of lung cancer after working in a local Eternit factory from 1946 to 1979.
The verdict was watched by around 1,500 relatives, victims and supporters who huddled around three large screens streaming the hearing live.
Ahead of the verdict, relatives of people killed by asbestos-related diseases held up banners with sketches of the Swiss billionaire behind bars.
Eternit went bankrupt six years before asbestos was banned in Italy in 1992.
"I have never seen such a tragedy. It affects workers and inhabitants... it continues to cause deaths and will continue to do so for who knows how long," prosecutor Raffaele Guariniello said in his closing speech in November.
The trial, which began in 2009 after a five-year investigation, is the biggest of its kind against a multinational for asbestos-related deaths.
Asbestos, which was banned in Europe in 2005, but is still widely used in the developing world, had been used mainly as building insulation for its sound absorption and resistance to fire, heat and electrical damage.
The inhalation of asbestos fibres can cause lung inflammation and cancer, and symptoms can take up to 20 years to manifest after exposure.
"It is a historic verdict... But the battle against asbestos does not end here, even with an exemplary sentence," Italy's Health Minister Renato Balduzzi said in a statement.
"It is not a local battle, but a national one, a worldwide one. The Turin verdict shows that Italy is doing its part," he said.
In France, the first complaints by workers exposed to asbestos date back to 1996 but there have been no major trials even though health authorities blame asbestos for between 10 and 20 percent of lung cancers.
The French victim support group Andeva said the trial represents "an amazing hope for victims across the world."
"We are waiting for the verdict with great impatience," French lawyer Jean-Paul Teissonniere, told AFP ahead of the hearing.
"We will ask French judicial authorities why a trial like this is possible in Italy and not in France," he said.
In Switzerland, three suits filed against Eternit's former owners -- Thomas and Stephan Schmidheiny -- expired under a statute of limitations in 2008.
In Belgium, a civil case in November awarded compensation of 250,000 euros ($330,000) to a family of asbestos victims.
The court in Brussels found Eternit responsible for the death in 2000 of the wife of a factory engineer who died 13 years before because of asbestos and of two of their five sons who died for the same reason.
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- Vierotchka
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JanforGore
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http://www.publicintegrity.org/investigations/asbestos/articles/entry/2186/
"Eternit and “The Bill Gates of Switzerland”
When ABREA was formed in 1995, it had about 470 members, mostly from the Eternit plant in Osasco. “At least 30 percent have died in the last 14 years,” says its president, de Souza. At least 10 have died of mesothelioma, a rare cancer that often starts in the pleura and is virtually always tied to asbestos exposure. The factory relied mainly on white asbestos, Giannasi says, though it also may have used “very small amounts” of blue into the mid-1960s. Industry representatives and some scientists maintain that blue and brown asbestos – no longer mined or used – are more lethal than white, a position disputed by many health experts.Fuming about what they believe to have been gross corporate misconduct, de Souza and his fellow retirees are following a criminal trial in Turin, Italy, where two former shareholders in the Swiss Eternit Group — including onetime chairman Stephan Schmidheiny, a philanthropist dubbed “The Bill Gates of Switzerland” by Forbes magazine for his billion-dollar commitment to poor entrepreneurs in Latin America — stand accused of precipitating an environmental disaster. The charges stem from conditions at an Eternit asbestos cement factory in the Italian town of Casale Monferrato; some 2,000 people who worked in or lived near the plant have died of asbestos-related diseases. “Considering that hazardous exposures experienced in Italy were replicated elsewhere, there must be hundreds of thousands of people who have died from their exposures to this company's asbestos products,” says Laurie Kazan-Allen, coordinator of the International Ban Asbestos Secretariat in London.
In an e-mail, spokesman Peter Schuermann wrote that Schmidheiny “cannot understand why he should be made responsible for the entire 80-year history of the Italian Eternit as one of the main defendants.” The Swiss Eternit Group was the biggest shareholder in the Italian plant for only its last 10 years, Schuermann wrote, and implemented “workplace safety measures which were in accordance with the highest standards.” According to Schuermann, the Swiss group sold its shares in the Osasco plant more than 25 years ago. He declined to comment on the ex-workers’ allegations but noted that “Stephan Schmidheiny himself worked as a trainee in the Brazilian Eternit under the same working conditions as the other employees.”
Fernanda Giannasi, second from left, and anti-asbestos activist Laurie Kazan-Allen, third from left, lead retired workers from the now-demolished Eternit asbestos cement plant in Osasco, Brazil, in a moment of silence for those who have died. (Credit: Felipe Lima)Giannasi has little sympathy for Schmidheiny, who claims on his own website that he was “dangerously exposed to asbestos fibers during my training period in Brazil.” Her disgust with the running of the Osasco plant motivated her to co-found ABREA. She continues to attend its monthly meetings, keeping the ailing members and their families apprised of developments in the asbestos wars. They seem to relish her stories: She’s held up asbestos shipments at ports and on highways and barged into businesses suspected of illegally selling asbestos products. She’s received death threats and been sued by the asbestos industry. For a time she was exiled to a tiny office at the Labor Ministry with no computer, no telephone and no responsibilities. She routinely defies her bosses, who view her as a headline-seeking provocateur; they’ve restricted her inspection activities to São Paulo state even though she is a federal official. “Every day is a problem,” Giannasi says.
The Brazilian asbestos industry has proved to be a fierce opponent. SAMA, which operates the Cana Brava mine in Goiás, and Eternit S.A., which operates four plants that make asbestos and non-asbestos roof sheets and other products, collectively gave more than 2 million reais (US$1.1 million) to federal, state, and local candidates from 2002 to 2008, records show. “They have many tentacles, like an octopus,” Giannasi says. Only four of Brazil’s 26 states, including São Paulo, have enacted asbestos bans. Asked about Giannasi’s campaign, a SAMA official addressed only the company’s own processes, saying fiber levels at the mine are “20 times lower than what the law requires” and that “workers have no physical contact with the mineral.”A spokeswoman for Eternit S.A., which has no connection to the Swiss Eternit Group, declined to comment."
- 3 months ago
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JanforGore
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Vierotchka
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http://www.euronews.net/2012/02/10/long-awaited-eternit-asbestos-verdict-expecte...
Article on this subject with a video.
- 3 months ago
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Vierotchka
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Vierotchka
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The company in question.
- 3 months ago
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Vierotchka
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Vierotchka
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Stephan Schmidheiny
- 3 months ago
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Vierotchka
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Vierotchka
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Why use a picture depicting UBS which has nothing whatsoever to do with this topic?
- 3 months ago
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Vierotchka
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JanforGore
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Vierotchka:
He was on their board, as well as other companies such as Nestle. It symbolizes that even those of wealth are not immune from the law.
- 3 months ago
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JanforGore
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Vierotchka
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JanforGore:
He also drank milk as a child, so why not post a photo of a glass of milk, while you're at it? UBS is unrelated to Eternit.
- 3 months ago
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Vierotchka
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JanforGore
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Vierotchka:
I explained my reasoning. I personally find it petty to make a big deal out of it.
- 3 months ago
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JanforGore
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Vierotchka
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JanforGore:
In the 90s he also established the AVINA Foundation, which contributes to sustainable development in Latin America by encouraging productive alliances among social and business leaders and today is a leading player in that field. Better post a map of Latin America too!
- 3 months ago
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Vierotchka
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Vierotchka
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JanforGore:
Stephan Schmidheiny has received a great number of prizes and distinctions in acknowledgment of his leadership and contribution to sustainable development: Among others, the Instituto Centroamericano de Administracion de Empresas (INCAE) awarded him a PhD Honoris Causa in 1993; he received the same degree from Yale University in 1996; and from both Rollins College and Universidad Católica Andrés Bello (UCAB) in 2001. So, we also need photos of all these universities...
- 3 months ago
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Vierotchka
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Vierotchka
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JanforGore:
I find your reasoning faulty in this instance.
- 3 months ago
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Vierotchka
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JanforGore
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Vierotchka:
Tumors caused by mesothelioma. Much more fitting?
- 3 months ago
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JanforGore
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Vierotchka
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JanforGore:
Absolutely.
- 3 months ago
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Vierotchka
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JanforGore
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Vierotchka:
Not my fault if you are biased towards the man. He is one of the named defendants who was found guilty and sentenced for a crime he made wealth from at the expense of the health and lives of others. The picture is a symbol of that wealth. All I'm saying on it.
- 3 months ago
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JanforGore
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Vierotchka
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JanforGore:
I am not biased towards him, I was just showing you some of the things he has been part of, being a board member of UBS being among the least. Just to demonstrate to you that the photo you used was off topic. UBS is simply a bank like all other banks, perhaps better than most and among the least immoral.
- 3 months ago
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Vierotchka
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Mark701
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They were sentenced in absentia meaning they it's unlikely they were in the country. Good luck trying to expedite them. Still it leaves their companies open to billions in law suits.
- 3 months ago
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Mark701
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JanforGore
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Mark701:
You may have something there especially since De Cartier is 90. But as you stated it leaves victims with some hope.
- 3 months ago
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JanforGore
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Leen61
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Good for Italy! The are making the criminals take responsibility for their actions. Something you would never see here.
- 3 months ago
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Leen61
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thedirtman
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I can understand that a bad product sometimes makes it to the stock shelves before it is discovered, but I will never understand when knowingly a bad product is not removed. Good for Italian justice.
- 3 months ago
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thedirtman
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cmc101
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thedirtman:
it is as deadly to remove as in making it
that is the problem at two hospitals in Joplin ,Mo
you can see them on Google map - 3 months ago
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cmc101
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JanforGore
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Here's something you won't see in an American court.
- 3 months ago
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JanforGore
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cmc101
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JanforGore:
we had a class action suite that paid steamfitters working on military projects
- 3 months ago
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cmc101
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JanforGore
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cmc101:
I actually mean truly making the corporations poisoning people accountable by treating them like the "people" the USSC says they are.
- 3 months ago
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JanforGore
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cmc101
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JanforGore:
Corporate person hood has not been executed
He can buy any justice anytime and anywhere starting with the UNITED STATES OF AMERICA - 3 months ago
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cmc101
