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On August 22, French newspapers published many articles about Ms. Tran To Nga's lawsuit as well as the terrible pain of Vietnamese Agent Orange victims.
The Paris Court of Appeal ruled, similar to the Court of First Instance of Evry in 2021, that it had no jurisdiction over the chemical companies, on the grounds that they enjoyed "judicial immunity" from a state, because they acted at the behest of the US Government. Mr. Bertrand Repolt and Mr. William Bourdon, two of the lawyers representing Ms. Tran To Nga, said that this was an expected but disappointing result. According to the lawyers, the Court of Appeal had misapplied the judicial immunity (for chemical corporations) and made an outdated decision, contrary to the factors that had been debated and the modernity of the law. Ms. Tran To Nga and her lawyers will continue to appeal to a higher court. Over the years, Ms. Tran To Nga's lawsuit has attracted special attention from the public and the French press. Several influential figures in France have expressed disappointment with the Paris Court of Appeal ruling in favor of the multinational chemical companies in the case. On her social media account X, Nadege Abomangoli, Vice President of the French National Assembly, noted that chemical companies like Monsanto and Hercules have not been punished despite decades of fighting for justice. Nadege Abomangoli argued that the effectiveness of decolonization requires adequate compensation and reparations. |
Ms. Ersilia Soudais, a French National Assembly member, expressed her strong support on her social media account X: Despite the court's regrettable decision, Ms. Tran To Nga and the Vietnam-Dioxin group will continue to fight until justice is achieved for the victims of Agent Orange. We will accompany them until justice is served.
Mr. Gérard Daviot, former President of the France-Vietnam Friendship Association (AAFV) and a member of the Committee to support Ms. Tran To Nga, expressed: "I was extremely angry when I learned about the decision of the Paris Court of Appeal. The disappointment was even greater than the decision of the Court of Évry. I consider this an unfair judgment, a real denial of justice." In fact, according to the lawyers, in this case, the issue of principle is that the judges held a conservative view, contrary to the nature of the elements presented in the debate, contrary to international law. This decision ignored the terrible consequences of Agent Orange that Ms. Nga and more than three million other victims in Vietnam are still suffering from. This is unacceptable. Therefore, I fully support Ms. Nga's struggle, continue to pursue the lawsuit and appeal to a higher court. Mr. Gérard Daviot added: For many years, as President of AAFV, I have always supported Ms. Nga's fight. We consider it one of our priorities. I know that Ms. Nga has pursued the case tirelessly and despite all difficulties for justice for herself and other victims. I am sure that Ms. Nga will not give up. She is an admirable woman, despite having dual citizenship, she still honors her homeland and understands and shares the pain of Agent Orange victims whose lives are like hell. Ms. Nga is an example for all those who share the determination to fight for justice for Agent Orange victims, for friendship and peace among nations.So, like her, let us not give up, despite the disappointments that may come to us at this time. Let us redouble our efforts more than ever, against injustice. Mr. Gérard DaviotThe Humanity newspaper (L'Humanité) published three articles on August 22 with the titles "Tran To Nga: With this trial, the companies that produce Agent Orange show their weakness and fear of me", "Agent Orange: Tran To Nga, the fight against US toxins" and "Agent Orange: Mrs. Tran To Nga lost the lawsuit but the fight will continue". The Humanity newspaper stated: More than 5 million people were affected, millions of hectares of forests and mangroves were destroyed. Agent Orange, a defoliant used by the US military during the Vietnam War, continues to have devastating effects on the environment today. Fifty years after the war, children born with serious physical deformities and victims exposed to Agent Orange still suffer from physical and mental pain due to many terrible diseases caused by Agent Orange. The Humanitarian newspaper emphasized: The US government benefits from war immunity. Meanwhile, chemical manufacturing corporations are hiding behind the government to deny related responsibilities. The mouthpiece of the French Communist Party commented: The compensation for US veterans demonstrates the awareness of these corporations about their responsibility for the chemicals used in the Vietnam War. Dioxin is not the result of a "forced directive" from the US government, but it is the initiative of research and production to meet the requirements of the US military at that time. Le Monde, the leading French newspaper, also pointed out that: in the US, while veterans are compensated by some chemical companies without trial, in 2005, the court dismissed the lawsuit of Vietnamese Agent Orange victims on the grounds that Agent Orange is not a chemical weapon. The author of the article also quoted the words of two lawyers accompanying Ms. Tran To Nga, Mr. William Bourdon and Mr. Bertrand Repolt, after receiving the verdict of the Paris Court of Appeal: “Ms. Tran To Nga feels very disappointed, but she knows one thing - this is a long and challenging battle”. Dow Chemical, Monsanto, Thomson Hayward, Hercules, Uniroyal, Diamond Shamrock, Occidental Chemical Corporation… are some of the names of 26 American chemical companies responsible for this chemical crime. After mergers and name changes, there are now 14 multinational companies left on the list of lawsuits. These companies have argued that they enjoy immunity from jurisdiction, because at that time they acted “in the national interest and under the orders of the State”. However, Le Monde also pointed out: those who share the view of protecting Agent Orange victims have provided a thick dossier on the levels of harm of chemical products that these chemical companies were aware of. Evidence shows that they conducted animal tests at that time, along with many minutes of meetings and correspondence with other partners.
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The campaign was held in Paris on May 4, 2024 to support Ms. Tran To Nga's lawsuit and share the pain with Vietnamese Agent Orange victims. (Photo: MINH DUY)
The article published on the same day on the website of the Radio and Television (FranceTvInfo) quoted Stellman's report: Like Ms. Tran To Nga, there are about 2.1 to 4.8 million people exposed to Agent Orange, mostly Vietnamese, including Lao and Cambodian people. The FranceTvInfo information page also added: In 2010, the World Health Organization (WHO) pointed out that "this pollutant can cause reproductive and developmental problems, damage the immune system, interfere with the endocrine system and cause cancer". Notably, in 1984, 15,000 American veterans received compensation worth 180 million USD for suffering from diseases such as cancer, liver disease and neurological disorders, after returning from the Vietnam battlefield - where they were exposed to Agent Orange. The France24 television website reported that one of Tran To Nga's daughters died of a congenital heart defect at the age of 17 months, and her two other daughters suffered from serious illnesses. Tran To Nga herself suffered from recurrent tuberculosis, cancer, and diabetes. France24 also quoted the Vietnam-Dioxin group, which has been with Tran To Nga since the early days, describing the Paris Court of Appeal's ruling as "a denial of justice for the victims of Agent Orange." In fact, in the United States, the struggle against Agent Orange in 1970 gave rise to the term "ecocide" to describe the intentional destruction of the environment. On the same day, Libération, another famous French newspaper, also quoted the statement of lawyer William Bourdon: in this case, which is a matter of principle, the judges have taken a conservative attitude, contrary to the modernity of the law and contrary to international law as well as European law. Therefore, this legal struggle will continue at a higher court level. In addition, the decision of the Paris Court of Appeal rejecting Ms. Tran To Nga's appeal is also a topic of interest to many large and small newspapers and electronic information sites in France. A series of articles published on the electronic news sites of BFM Television, TV5 Monde, La Croix, Le Nouvel Obs, Reporterre, Nouvelles Du Jour, Ouest France, 7 sur 7... all share the same views in support of a challenging legal struggle for justice and the rights of Vietnamese Agent Orange victims.Nhandan.vn
Source: https://nhandan.vn/du-luan-phap-doi-cong-ly-cho-nan-nhan-chat-doc-da-cam-viet-nam-post826290.html
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