Switzerland (Ba Sel) Court Advances Proceedings Against Syngenta
The plaintiffs state that the poisonings back in 2017 were the result of the use of Polo – a pesticide developed, produced and sold by Syngenta. Although Polo is not permitted for sale in the EU or Switzerland, it continues to be used in India – with sometimes fatal consequences: eight years ago, dozens of farmers and agricultural workers suffered serious poisoning in connection with the use of Polo, and two died. For small and marginal farmers from the global south, confronting a multinational corporation is an immense challenge, as they often lack the legal resources, financial means, and institutional support needed to pursue accountability.
As the first civil lawsuit from the Global South against an agrochemical company over pesticide poisonings, this case breaks new legal ground. It highlights the growing international criticism of double standards in the pesticide trade and the accountability of European companies for human rights violations along global supply chains. The outcome could have implications far beyond the individual plaintiffs – for others affected around the world, and for how Switzerland handles corporate accountability in the future.
In June 2021, the plaintiffs filed a lawsuit before the Basel Civil Court, based on Swiss product liability law. They are represented by the law firm Schadenanwälte. The case is supported by the organisations ECCHR, Public Eye, and PAN India.
While the court has yet to rule on the merits of the case, it has already sent a strong signal: in June 2022, it granted the plaintiffs legal aid. This indicates that the court in principle considers that Syngenta could be held liable for harm caused by its hazardous products abroad, and paved the way for victims and their families to seek justice before the Swiss court.
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The widows of two farmers, from Yavatmal, Maharashtra, India, who died from pesticide poisoning, along with a farmer who survived severe poisoning, are suing the Swiss company Syngenta for damages. In this unique case, the Basel Civil Court has taken a significant step in deciding to initiate an assessment of the evidence regarding the victims' use of the pesticide Polo. The plaintiffs state that the poisonings back in 2017 were the result of the use of Polo – a pesticide developed, produced and sold by Syngenta. Although Polo is not permitted for sale in the EU or Switzerland, it continues to be used in India – with sometimes fatal consequences: eight years ago, dozens of farmers and agricultural workers suffered serious poisoning in connection with the use of Polo, and two died. For small and marginal farmers from the global south, confronting a multinational corporation is an immense challenge, as they often lack the legal resources, financial means, and institutional support needed to pursue accountability. As the first civil lawsuit from the Global South against an agrochemical company over pesticide poisonings, this case breaks new legal ground. It highlights the growing international criticism of double standards in the pesticide trade and the accountability of European companies for human rights violations along global supply chains. The outcome could have implications far beyond the individual plaintiffs – for others affected around the world, and for how Switzerland handles corporate accountability in the future. In June 2021, the plaintiffs filed a lawsuit before the Basel Civil Court, based on Swiss product liability law. They are represented by the law firm Schadenanwälte. The case is supported by the organisations ECCHR, Public Eye, and PAN India. While the court has yet to rule on the merits of the case, it has already sent a strong signal: in June 2022, it granted the plaintiffs legal aid. This indicates that the court in principle considers that Syngenta could be held liable for harm caused by its hazardous products abroad, and paved the way for victims and their families to seek justice before the Swiss court.
