Published on
Updated
Reading 3 mins.
Friday, May 19, the Paris court refused to conduct criminal proceedings requested by 1,800 victims of the asbestos health scandal. They demanded the judgment of 14 people accused of not having banned asbestos in France earlier despite warnings about its dangerousness.
Asbestos was classified as a carcinogen in the 1970s. And yet, it was banned in France only in 1997. For almost 20 years, this insulating fiber continued to be used even though it was known to be dangerous. for health. It is precisely this late ban that 1,800 asbestos victims wanted to have the Paris court judged. But he ruled inadmissible the launch of criminal proceedings. Reason given: inaccuracy.
A refusal due to legal “vagueness”
The Paris court explained its refusal to conduct criminal proceedings by the fact that the summons (official summons to appear in court) did not allow each defendant to “connect what he is accused of” to specific victims. This decision also follows the legal “vagueness” noted by the defense lawyers who had considered as ill-defined the facts prosecuted, the legal texts which punish them as well as the period of exposure of the plaintiffs to asbestos.
A reason refuted by the associations of asbestos victims (AVA and ARDEVA) at the origin of this request for criminal proceedings. Doctissimo contacted Pierre Pluta, president of Ardeva and himself a victim of asbestos. “We are criticized for not having been clear enough, but it was up to the Paris public prosecutor’s office to do a job of researching incriminating and exculpatory files, to find the evidence. He did not do it. He did not want to explain to the victims the reasons for the continued use of asbestos despite the health alerts.
Who are the alleged perpetrators?
These criminal proceedings aimed to bring to trial 14 people who would have contributed to delaying the ban on asbestos in France. Among them, former senior civil servants, scientists and industrialists.
The fight of the victims continues
This decision is yet another disappointment for asbestos victims who have been fighting for more than 20 years (the first complaint dates back to 1996) to obtain a criminal trial. But they won’t stop the fight. “We want to take a few days of reflection to know what we are going to do. We can appeal or file a new citation. In any case, it is essential that this trial takes place for the victims and so that our children do not suffer similar health scandals. By this refusal of criminal procedure, justice attacks the victims“, insists Pierre Pluta.
A desire not to judge this case?
All of the asbestos cases (about forty) investigated by the judicial department have resulted in dismissals. The asbestos scandal is a health scandal that caused a stir and yet, to date, no one person has been held criminally responsible for endangering thousands of people. “Whatever the legal authorities, there is obviously no will to judge this affair. The Paris prosecutor’s office is maneuvering so that there is no procedure. It’s sad for the victims.”, indignant François Desriaux, vice-president of the National Association for the Defense of Victims of Asbestos and other occupational diseases (Andeva).
Last April, Andeva asked the Asbestos Study Group of the National Assembly to set up a parliamentary commission of inquiry to analyze the reasons for the lack of criminal proceedings on the health scandals. “We are still awaiting a response. This commission of inquiry would shed light on the asbestos criminal fiasco, but also on the reparation and compensation of victims. We are still talking about a case that will eventually kill 100,000 people”, points out François Desriaux.