Press release 25 March 2018:
Arica Victims appeal Skellefteå District Court ruling in case against Boliden Mineral
Arica Victims appeal the Skellefteå District Court ruling in case T 1012-13, Arica Victims v Boliden Mineral.
Arica Victims believe that the District Court erred in a number of its considerations. The District Court correctly decided to apply Chilean law. However, the District Court failed in significant parts to apply Chilean law correctly. Among the different flaws, the District Court’s ruling is incompatible with the clear jurisprudence developed by the Chilean Supreme Court. In addition, the District Court made a number of incorrect assessments of facts.
Arica Victims have requested an extended time for providing the grounds for the appeal.
Boliden Mineral has on several occasions expressed the importance of a complete and correct legal examination in order to get a final ruling in the dispute. Arica Victims fully respect this position.
Arica Victims therefore assume that Boliden Mineral will not try to block a complete examination by the Court of Appeal, by bringing claims for procedural costs at this stage in the process. Thus, Boliden Mineral would show also by its acts that it agrees to a full legal examination of liability in the case. On the contrary, if Boliden Mineral would insist on requesting compensation for its procedural costs before the District Court already at this stage, the company would possibly block access to a complete and fair legal review in the second instance for all the victims in Chile. If so, due to the act of the company in the procedure, the issue of Boliden Mineral’s liability for the shipment of mining wastes to Arica and the harm to the victims would never be fully examined.
Stockholm 25 March 2018
On behalf of Arica Victims,
Göran Starkebo, Jonas Ebbesson and Johan Öberg