sábado, 21 de agosto de 2010

 

Enc: Enc: RE: RE: Res: Interview Radio Netherlands ?




ciomara



----- Mensagem encaminhada ----
Enviadas: Sábado, 21 de Agosto de 2010 10:00:13
Assunto: Enc: RE: RE: Res: Interview Radio Netherlands ?


Dear Mr Brocchi,

Thanks again for cooperating in the article on Shell's chemical pollution in the Paulinia area.

You can find the article here: http://www.rnw.nl/english/article/thousands-exposed-shells-toxic-waste-brazil


Thank you,
Johan van Slooten
Radio Netherlands Worldwide
www.rnw.nl

________________________________________
Dear Johan,

I will try to answer as best as possible, taking in consideration the extension of my knowledge on the matter and the necessary confidentiality existing between client and attorney.

Please find below my considerations:

1. Why did the people of Paulinia and the former Shell workers take Shell and BASF to court? (What did they accuse Shell and BASF of?) = The main reason for both workers and people who used to live around the Shell/Basf factory to take them to court is the fact that, according to different sources, including Shell's own statement in the early 2000's, is the fact that the soil, waterbed and land have been contaminated due to the handling/processing of toxic chemicals, which were, in their majority, already forbidden in a great number of countries throughout the world.

2. It has taken a long time before a Brazilian court has come up with this week's verdict. Why has it taken so long? = Unfortunately, it is no secret that the Brazilian judiciary system is extremely slow and bureaucratic, allowing a defendant to use an endless number of appeals and other procedural measures. On top of that, the very nature of this case requires many difficult evidences to be produced by the plaintiffs. In other words, the burden for the plaintiffs is heavy, once they have to come up with proof of how the chemicals were handled, disposed; what is the extension of the contamination of the environment (something that requires many experts and exams/tests/reports). On a proceeding such as this one, many different people are heard, which is something that takes time, since the judges are extremely overloaded with work. Brazil's legal system is notorious for being one of the slowest in the world.

3. What has Shell's reaction been - has it admitted that the ex-workers and people of Paulinia were exposed to toxic materials? Or has it denied any wrongdoing? = Even though Shell has initially admitted to the Public District Attorney that chemicals had contaminated the soil in which the factory used to work, once the workers and families started to take them to court, their position is basically in the sense that none of the plaintiffs have been able to actually provide hard evidence of the contamination and the eventual damages to their health and their families. However, it is widely spread that a great number of workers and neighbors to the Shell/Basf plant have either been diagnosed with some kind of disease (mostly cancer) or have already died. Sorry I don't have the numbers, but they are scary.

4. Shell and BASF have now been ordered to pay almost 500 million euros. What will happen to that money? = I have not been able to carefully analyze the final decision (which is subject to an Appeal from Shell), but part of this money will be divided among the many former workers represented in the lawsuit. The decision has also stated that Shell is to pay for medical treatment and health plans for the workers, as long as they are able to prove they have suffered from some kind of disease caused by the chemicals. Newspapers in Brazil today informed that Shell has already made a statement saying it will file an appeal within the following 8 days.

5. You are representing one family in the lawsuits against Shell. What did (or do) they suffer from? Are they also former Shell workers? = Even though I am not able to discuss their medical records at this time, I can assure you all of them have suffered from the contamination. It is important to point out that there are a great numbers of technical and expert reports confirming the seriousness and intensity of the contamination. The family my law firm represents used to live at the site for more then 30 years, drinking the water, breathing the smoke that would come from the factory pipes and being exposed to the contaminated environment. More than the physical damages, probably the most severe one is that inflicted in their emotional self. Being removed from their homes and having to face the reality of living in a hotel room for over 3 years has more than taken its toll in this family.

I apologize for any misspelling or mistakes, as I am trying to write as fast as I can, to meet the mentioned deadline.

Hope to have contributed with some information.

Please let me know if we can help with anything else.

Best regards,
Bruno Brocchi



On Sex 20/08/10 14:41 , Johan van Slooten johan.vanslooten@rnw.nl sent:
Dear Mr Brocchi,

Thank you for your email. I have tried to call you, but I got an answering machine.

It's OK if you wish to do this by email. Please send your answers to my questions and I will use them for my article.

These are my questions:

1. Why did the people of Paulinia and the former Shell workers take Shell and BASF to court? (What did they accuse Shell and BASF of?)

2. It has taken a long time before a Brazilian court has come up with this week's verdict. Why has it taken so long?

3. What has Shell's reaction been - has it admitted that the ex-workers and people of Paulinia were exposed to toxic materials? Or has it denied any wrongdoing?

4. Shell and BASF have now been ordered to pay almost 500 million euros. What will happen to that money?

5. You are representing one family in the lawsuits against Shell. What did (or do) they suffer from? Are they also former Shell workers?


I would like to remind you that our deadline is at 21:30 hrs Dutch time (16:30 Sao Paolo time).


Thank you for your time, it's much appreciated!


Johan van Slooten
Producer Newsline / RNW website

T: (0031) 35 672 4338
M: (0031) 6 537 877 82
E: johan.vanslooten@rnw.nl
W: www.radionetherlands.nl<http://www.radionetherlands.nl/>

Follow us on Twitter at www.twitter.com/rnwnewsline<http://www.twitter.com/rnwnewsline>and on Facebook at www.facebook.com/rnwnewsline<http://www.facebook.com/rnwnewsline>
Dear Johan,

As Ciomara has mentioned, I am one of the attorneys representing her and her family on the lawsuits regarding the Shell plant in Paulinia, Brazil.

Please, let me know if I can help with any clarifications. Perhaps e-mail would be easier for this task, since I will not be available over the phone during this afternoon.

Best regards,
Bruno Brocchi
On Sex 20/08/10 13:25 , ciomara rodrigues ciomararodrigues@yahoo.com.br sent:
Olá!
e-mail advogado xxxxxx;; and his fone is xxxxxx
his name is Bruno

ciomara[http://us.i1.yimg.com/us.yimg.com/i/mesg/tsmileys2/37.gif][http://us.i1.yimg.com/us.yimg.com/i/mesg/tsmileys2/40.gif]
_______________________________
De: Johan van Slooten
Para: "ciomararodrigues@yahoo.com.br"
Enviadas: Sexta-feira, 20 de Agosto de 2010 10:26:34
Assunto: Interview Radio Netherlands ?

Hello,

I hope you speak English. My name is Johan van Slooten and I work for Radio Netherlands Worldwide (www.rnw.nl<http://www.rnw.nl/>). I found your blog on the Shell/Paulinia court case. I am doing a story on this for our website today (Friday) and I would really like to speak to you about this case. I believe (but my Portuguese is not perfect!) that you have been involved in this case.

Could you please contact me?
Thanks!

Johan van Slooten
Producer Newsline / RNW website

T: (0031) 35 672 4338
M: (0031) 6 537 877 82
E: johan.vanslooten@rnw.nl
W: www.radionetherlands.nl<http://www.radionetherlands.nl/>

Follow us on Twitter at www.twitter.com/rnwnewsline<http://www.twitter.com/rnwnewsline>and on Facebook at www.facebook.com/rnwnewsline<http://www.facebook.com/rnwnewsline>

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