Tuesday, May 7, is the opening of a highly symbolic appeal trial. That of Tran To Nga, 82 years old, alone facing chemical multinationals, such as the giant Bayer-Mosanto. The case dates back to the Vietnam War, with the spreading of Agent Orange, a powerful herbicide, by the American army.
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It is an extraordinary trial, often described as unfair: Tran To Nga facing fourteen very powerful agro-chemical companies. “ This is not an unfair trial. This is an extremely fair trial, to correct a very serious inequity », Estimates William Bourdon, one of his two lawyers. Tran To Nga was affected by Agent Orange, the “poison” of the Vietnam War, a powerful herbicide spread on forests by the American army; the consequences are serious: loss of your first child, cancer…
At the 2021 trial, the courts declared that the companies had acted under duress. Immunity from jurisdiction, which protects the American state, had been invoked. “ We will argue before the Court of Appeal solely on this question of immunity from jurisdiction. Our point is that American companies should not be covered by this immunity from jurisdiction », Reports Bertrand Répolt, the second lawyer.
Responsibility in manufacturing
The whole challenge during the hearing will therefore be to demonstrate that the companies, although forced to spread Agent Orange, are responsible for having manufactured it. “ Indeed, they responded to an order from the American state. But they were not constrained in the entire process of manufacturing and supplying the product. They had a margin of maneuver which, for us, provides the ingredients for accountability before the French judge », Continues Bertrand Répolt, the second lawyer.
An appeal trial that Tran To Nga is tackling with determination. “ At my age, I no longer lose anything and I want to be useful until my last breath, because there are too many victims of war. » A highly symbolic trial. At 82 years old, Tran To Nga is no longer fighting for herself, but for all the victims of Agent Orange.
Read alsoFrance: the historic trial of Agent Orange