the toxic truth - Greenpeace

the toxic truth
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
Lawyers talk to their clients during
their trial in a courthouse in Abidjan,
on 29 September 2008.
© 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.
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.
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Chapter 11