London court greenlights criminal contempt lawsuit against BHP over Mariana disaster (Brazil)

London, June 26 (EFE) - The High Court of London on Thursday dismissed Australian mining company BHP's request to avoid prosecution for criminal contempt in connection with the 2015 ecological disaster in the municipality of Mariana, Brazil.

In a ruling released today, the court indicated that, under its decision, the petition for criminal contempt against the Australian mining company, filed by the Mariana Municipality (MC) plaintiffs, may proceed to a judicial hearing.

Judge Adam Constable ruled that there are "reasonable grounds" to argue that BHP's conduct in funding and procuring litigation in the Brazilian Supreme Court, allegedly with the intent of obstructing the Mariana Municipality plaintiffs' access to justice in the English courts, could constitute criminal contempt.

The filing of the contempt lawsuit serves the public interest, the judge said, adding that he took into account the seriousness of the allegation.

Furthermore, BHP's argument that the municipal plaintiffs did not adequately represent the public interest has been rejected.

The Mariana disaster, considered one of the worst ecological catastrophes in history , began on November 5, 2015, as a result of the rupture of the Bento Rodrigues dams, controlled by the Samarco company, a company jointly managed by BHP and the Brazilian group Vale.

Contempt lawsuit

The lawsuit focuses on the so-called Action Against Violation of a Fundamental Constitutional Right (ADPF) filed by the Brazilian Mining Institute (IBRAM) in the Brazilian Supreme Court.

The Mariana Municipality plaintiffs allege that this action was instigated and funded by BHP to interfere with their claims in the English jurisdiction.

Furthermore, it was determined that the contempt case serves the public interest by maintaining the integrity of the administration of justice.

The court's decision adds a new legal dimension to the protracted legal proceedings surrounding the Mariana disaster, which left 19 dead and destroyed entire villages, with a widespread impact on numerous individuals and communities.

In July of last year, the two mining companies agreed to pay 50% each of the potential compensation awards in the proceedings opened in Brazil, Australia, the Netherlands, and the United Kingdom.

Mariana disaster

Specifically, the ecological disaster occurred due to the rupture of the retaining walls of the Fundão and Santarém dams, located in Bento Rodrigues, about 35 kilometers from the center of Mariana, in the state of Minas Gerais (Brazil).

The dams were built to store waste from the extraction of iron ore from numerous mines in the region.

The waste reached the Doce River, whose watershed covers approximately 230 municipalities in the states of Minas Gerais and Espírito Santo, which use its water to supply the population.

Environmentalists estimate that the waste will only begin to be removed from the sea in approximately 100 years. EFE

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