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Offbeat Asbestos. Resumption of the investigation on the company Everite, a first in France

18:50  22 january  2021
18:50  22 january  2021 Source:   ouest-france.fr

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Asbestos (pronounced: /æsˈbɛstəs/ or /æsˈbɛstɒs/) is a term used to refer to six naturally occurring silicate minerals. All are composed of long and thin fibrous crystals

The mineral asbestos is subject to a wide range of laws and regulations that relate to its production and use, including mining, manufacturing, use and disposal.

La justice a ordonné la reprise de l’enquête sur l’entreprise Everite de Dammarie-les-Lys en infirmant pour la première fois un non-lieu dans un dossier lié à l’amiante. Photo d’illustration. © Béatrice LE GRAND / OUEST-FRANCE The justice ordered the resumption of the investigation on the company Everite of Dammarie-les-Lys by reversing the first time a dismissal in an asbestos-related case. Illustrative photo.

The investigative chamber of the Paris Court of Appeal was seized by families of victims who are fighting to obtain a trial.

The Paris Court of Appeal ordered the resumption of the investigation into the Everite company in Dammarie-les-Lys ( Seine-et-Marne ) by reversing for the first time a dismissal in a related case asbestos , said Friday, January 22, 2021 a judicial source and the National Association for the Defense of Asbestos Victims (Andeva).

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For further information on this resumption , consult the France -Visas portal and the websites of diplomatic and consular posts. Gradual resumption of interviews for asylum and stateless person status From 11 May, appointment letters for asylum or stateless person status interviews will be sent

The investigative chamber of the court of appeal, which was seized by the families of victims who are fighting to obtain a trial, referred the case to the investigating judges of the Paris public health center for them to resume their investigations with a view to possible indictments of company officials.

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The public prosecutor's office has announced that it has appealed to the Court of Cassation, which is now responsible for confirming or not this new legal interpretation.

This decision contradicts for the first time an analysis drawn up in 2017 by the investigating judges and the prosecution of the Paris public health center, which made the absence of a criminal trial in asbestos cases almost inevitable.

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To make this dismissal in December 2018, the magistrates had relied, as in other cases previously, on a final judicial expertise of February 2017 which considered it impossible to deduce with precision the moment of the exposure of employees to this carcinogenic fiber, nor that of contamination.

Consequently, it was impossible, according to the magistrates, to establish the criminal responsibilities of this or that leader.

Since then, some fifteen cases linked to the scandal of exposure to this material banned in France in 1997 have taken or were to take the path of dismissal.

"A process of accumulation of breathed fibers"

On October 16, 2020, the family of two twin brothers, who worked from 1954 to 1991 on the Everite site in Dammarie-les-Lys and died as a result of a mesothelioma (cancer of the pleura specific to asbestos), had contested the dismissal during a hearing before the court of appeal.

In its judgment three months later, the Court of Appeal considered that the poisoning results according to the experts from a process of accumulation of the fibers inhaled and that in fact, it is the entire exposure period that contributes illness and / or death.

Thus, each successive manager may have participated in his scale of responsibility, in the exposure of employees to asbestos fibers, she continues.

If the victims of asbestos can congratulate themselves on this victory which gives them hope that an asbestos trial can finally take place, they deplore on the other hand the errors of the investigating judges on obvious aspects and known for many years. decades, which have lost three more years on a file open for a quarter of a century, writes Andeva in its press release.

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