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the toxic truth
chapter 11
Lawyers talk to their clients during their trial in a courthouse in Abidjan, on 29 September 2008. Š ANP/AFP/Kambou Sia
the corporate group and with respect to the dumping of the toxic waste. Diplomatic and formal channels should have been engaged to bring forward prosecutions against other Trafigura employees, such as those named by the National Commission, where evidence existed showing either their direct involvement or supervisory responsibility.
Failure to prosecute members of the Trafigura Group The text of the settlement, specifically the agreement to waive future prosecutorial action against any member of the Trafigura Group, raises questions about the court’s decision that there was insufficient evidence to proceed with the charges against the three Trafigura executives. Amnesty International and Greenpeace believe that sufficient evidence existed to pursue the charges to trial against the three Trafigura executives either for their direct involvement in the criminal acts alleged and/or by virtue of their positions of control and influence within
In this case, the judicial process appears to have been compromised by the terms of the settlement agreement. In reality, no meaningful attempt was made to prosecute any of the Trafigura executives and employees after the agreement was reached. The Ivorian government should not have agreed to waive the right to investigate and prosecute all Trafigura parties in relation to the dumping of the toxic waste. In doing so, the government breached its international human rights obligations to provide victims with an effective remedy, which require it to investigate and prosecute in a fair and accountable manner the crimes alleged against the parties at hand.