Typically, the trial courts conduct on-site inspections in the presence of experts from various ministries, such as Health, Environment, Industry, and others, to verify that the waste discharge—whether solid or liquid—is indeed taking place, and that the water at issue in the case is contaminated and flows into the sewer system in the area covered by the lawsuit. They also verify that industrial wastewater was flowing through the sewer system prior to the filing of the lawsuit , and that it contains concentrated organic matter and nutrients in the sewage system without undergoing prior treatment, as it cannot be discharged into the environment without treatment, Furthermore, the competent court provides the correct legal description in accordance with the procedures stipulated in the Code of Criminal Procedure, taking into account the provisions of the Environmental Law aimed at preventing all forms of degradation and pollution and promoting the sustainable use of natural resources for the sake of environmental stability, and whereas environmental issues are matters that require redoubled efforts at both the institutional and community levels to limit harm and impacts on health, and it is well known that a stable and sound environmental condition cannot be achieved without eliminating sources of pollution - Whereas most environmental laws and international treaties are based on established principles of environmental protection, including: the precautionary principle, which requires the adoption of effective measures based on scientific information and available clean technologies; the principle of preventive action; the polluter pays principle; and the principle of biodiversity conservation; and the principle of avoiding the degradation of natural resources; consequently, the court will hear the case with reference to the relevant provisions of Algerian environmental, water, and criminal laws, in addition to determining compensation for the resulting damage and ordering the defendant to construct the required wastewater treatment plant.
Dr. Thamer Ramadan Amin
College of Law – Al-Mustaqbal University
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