Testimonial evidence

  • People saw a carrier (ship/plane) dumping waste/polluting an area;
  • the dumping/pollution was done by a company’s vehicle; 
  • as a result of the pollution, people developed medical conditions; 
  • as a result of the pollution, people or animals died; or
  • a corporation knew about conditions endangering people’s lives (to whom it owed a duty of care).

 

Documentary evidence

  • Reports of increased death rates, illnesses and so on;
  • medical examinations or reports of members of affected communities;
  • reports on the local environment, including levels of toxicity and impact on the local flora and fauna; 
  • list of the board of directors (from parent and subsidiary companies) and the share capital, shareholders of the parent and subsidiary companies; 
  • newspapers, public statements, or announcements reporting the impact of pollution in the relevant area; 
  • statements/press releases of the company;
  • internal incriminating documents of the corporation such as board minutes, emails, signed letters, official logbooks, or diaries;
  • reports of experts drafted after an inspection of premises, an assessment of the risks present, reports explaining the project/operations of the corporation and so on; 
  • corporate policies, or codes of conduct; 
  • written contracts (such as concession agreements, contracts for the provision of security services); 
  • regulations, laws, decrees, official statements issued by governments (such as authorizing the operations); 
  • government licensing or regulatory documents showing conditions, production, transport or emissions; or
  • files or decisions from government agencies regarding inspections or complaints.

 

Physical evidence

  • Medical records (such as new or increased incidence of diseases, respiratory problems);
  • evidence of increased levels of toxicity in air or water; or
  • records of increased rates of animal fatality (particularly farm animals) due to diseases dangerous to humans.

 

Digital evidence

  • Video or photographic evidence depicting the dumping of waste/environmental harm (such as those published on social media, or in local news reports); 
  • (open and closed source) photos, videos or 3D simulations depicting the projects under construction or the business operations of the corporation; or
  • geospatial (satellite) imagery showing location of business activities or impacts (mining, deforestation), including spectral analysis of pollutants or contamination.

 

Scientific or statistical evidence

  • Scientific studies showing extent of pollution (contemporaneous or historical); 
  • modelling of the flow or dispersion of pollutants (air or water); or
  • statistical or other public health studies showing the impacts on health or development of a community (and comparison with baseline studies of unaffected communities).