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Supreme Court Judgment No. 15219/2558

Country/Territory
Thailand
Type of court
National - higher court
Date
Dec 30, 2015
Source
UNEP, InforMEA
Court name
Supreme Court of Thailand
Seat of court
Bangkok
Reference number
No. 15219/2558
Language
Thai
Subject
Water, Legal questions, Mineral resources, Waste & hazardous substances
Abstract

The defendants operated a lead mining processing factory located near the upper stream of Klity creek. The defendants disposed water and chemicals used in the processes into the Klity creek resulting in lead contamination in water. The plaintiffs, members of a group of indigenous peoples living in the lower stream, consumed water from the creek and suffered from health damages and loss of ability to work.

The court decided that, the defendants, the company and the managers, paid compensation to each plaintiff from approx. 2,000,000 to 3,000,000 THB. And since the claim was based on the strict liability provision under the Improvement and Conservation of National Environmental Quality Act BE 2535 (1992) which does not regulate a prescription (อายุความ), the prescription for this case was thus 10 years and the claim was within the period.

As members of a group of indigenous peoples, the plaintiffs had the right under the constitution to utilize, manage and conserve environment to demand for restoration of the Kliti creek. The court ordered the defendants to undertake restoration.

Full text
Decision 15219-2558.pdf
Decision-Klity8-SupremeCourt.pdf
Website
enlawfoundation.org