the toxic truth - Greenpeace

the toxic truth
Nor was there any provision made for implementing the
recommendations made by the National Commission.
The Commission, recognizing this limitation, called for
the establishment of a mechanism to take forward its
recommendations but no such mechanism was ever
established.
The criminal case in Côte d’Ivoire
In September 2006, Ivorian state prosecutors initiated criminal
investigations into individuals alleged to have played a role in
the dumping of the toxic waste and in the aftermath.
The charges brought by the prosecutor
and criminal investigations
During September the authorities arrested and charged a
number of individuals in connection with offences relating to
the toxic waste dumping. These included:
» Claude Dauphin and Jean-Pierre Valentini of Trafigura and
N’zi Kablan of Puma (Trafigura’s subsidiary);
» Salomon Ugborogbo, the head of Compagnie Tommy;
» the Director of WAIBS and three other WAIBS employees;
» the Commander of the Port Captaincy;
» three customs agents;
» the General Director of Maritime and Port Affairs;
» two port agents;
» two garage owners/mechanics.
The charges brought against these individuals included
offences such as poisoning and breaches of public health
and environment laws, as well as breaches of the national law
domesticating the Basel Convention relating to the movement
of hazardous waste (see box, right). 576
Claude Dauphin and Jean-Pierre
Valentin, Trafigura executives, in custody
in Abidjan, 16 November 2006.
© aNP/aFP
findings of
The nATionAl
commission
of enquiry
The key factual findings relating to
individuals and companies made in
the report of the National Commission
of Enquiry on the toxic waste in the
district of Abidjan include:
» Salomon Ugborogbo, from Compagnie
Tommy, was found to be the
“principal actor” in the dumping
of the waste; the Commission
determined that the permits and
licences granted to him were
“troubling and led to suspicions of
fraudulent collusion.” 571
» Trafigura, through the behaviour of
two employees, was found to have
breached the Basel and MARPOL
conventions. In making this finding,
the Commission determined that:
“Neither Mr Paul Short nor Mr
Marrero could ignore the Tommy
company’s technical incapacity.”
The Commission relied on the letter
from Salomon Ugborogbo to Jorge
Marrero dated 18 August 2006,
which stated the intention “to
discharge” rather than “to treat”
the waste at Akouédo. 572
» Trafigura executives, Jean-Pierre
Valentini and Claude Dauphin,
were found to have been aware of
the fact that Côte d’Ivoire did not
possess the required facilities to
process the waste 573 The Commission
relied on testimony provided
by the executives when they were
questioned by police in Abidjan
after the dumping.
» The head of Puma Energy, N’zi
Kablan, was found to have played
an “active part in the transfer of
illicit toxic waste”. The Commission
found that N’zi Kablan had been
informed of the nature of the waste
and had acted as an intermediary
for Ugborogbo’s letter to Marrero. 574
» WAIBS was found to be “partly
responsible” because it should
have verified the technical capacity
of Compagnie Tommy. 575
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Chapter 11