the toxic truth - Greenpeace

More documents

Recommendations

Info

the toxic truth Infringments of three domestic laws were alleged in this case. Article 3 of the Public Health Act states that, if the crime is committed during the course of corporate activity, all persons who were managing, monitoring or controlling the activity should be held to account. 621 Applying this law to the case at hand should have exposed all three executives, who were in managing, monitoring or controlling positions, to possible criminal liability. Proceeding to trial In contrast to the decision made with respect to the Trafigura executives, the Ivorian court found that there was sufficient evidence to proceed to trial against 12 other non-Trafigura individuals implicated in the toxic dumping. These individuals included: the head of Compagnie Tommy (Salomon Ugborogbo), the Commander of the Port Authority, two WAIBS employees, WAIBS shipping agent, three customs officials, the Director for Maritime Affairs at the Ministry of Transport, a port agent and two mechanics. 622 In relation to the Port Commander, the court found that he had failed to prevent Compagnie Tommy and the vessel Probo Koala from polluting the port area, and that he authorized and assisted the vessel to leave the port area, even though he knew there existed a case of pollution. The criminal case came to trial on 29 September 2008 and ended on 22 October 2008. No representative from the Trafigura Group was present during the trial. N’zi Kablan, the head of Trafigura’s Ivorian subsidiary Puma Energy, who had been summoned as a witness for the trial, left the country a few days before the trial started. According to available information he has not come back since. 141 Chapter 11 Women protesting about the toxic waste dumping. Photo taken on the day the trial started, 29 September 2008 © aNP/ePa/legNaN Koula
142 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 11 Throughout the trial, defence lawyers for the remaining non-Trafigura individuals accused raised fair-trial issues, some of which were linked to Trafigura’s role and lack of attendance at the trial. 623 Guilty verdicts Ultimately, only two individuals were convicted: Salomon Ugborogbo, the head of Compagnie Tommy, and Essoin Kouao from WAIBS, the company that acted as a shipping agent. No responsibility was imputed to the state of Côte d’Ivoire, and all the state officials were acquitted. Salomon Ugborogbo was convicted of both the poisoning charge and the charges relating to breaches of public health and environmental laws. He was sentenced to 20 years in prison. The WAIBS employee, Essoin Kouao, was found guilty of being an accessory to poisoning and being an accessory to breaches of public health and environmental laws. He was sentenced to five years in prison. 624 Both men have since been released from prison. Salomon Ugborogbo’s early release is reported to have occurred during the political turmoil that engulfed Côte d’Ivoire in 2010, when many prisoners were able to leave prison. However, his release is not official.
Page 1 and 2:
the toxic truth About A compAny cAl
Page 3 and 4:
2 Amnesty internAtionAl And greenpe
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
10 Amnesty internAtionAl And greenp
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
gon d 66 Amnesty internAtionAl And
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88: 86 Amnesty internAtionAl And greenp
Page 101 and 102: 100 Amnesty internAtionAl And green
Page 137: 140 Amnesty internAtionAl And green
Page 189 and 190:
192 Amnesty internAtionAl And green
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
show all

the toxic truth - Greenpeace

Create successful ePaper yourself

Delete template?

Save as template?