the toxic truth - Greenpeace
the toxic truth - Greenpeace the toxic truth - Greenpeace
the toxic truth The sentences Trafigura Beheer BV was fined €1 million for breaches under Charges 1 and 2. 687 Captain Chertov was found guilty of Charges 2 and 3, and given a five-month suspended prison sentence. 688 Naeem Ahmed was found guilty of the Charge 2; he was given a six-month suspended prison sentence and a fine of €25,000. 689 The court noted that Trafigura Beheer BV’s violation of the EWSR was “the most serious offence”, 690 and criticized Trafigura for its actions. The court stated that: “ Trafigura may justifiably and with reason The court in Amsterdam found Trafigura guilty of illegally exporting waste to Africa. © ANP/EVERT ELZINGA be blamed for having done precisely that which the eWSR, the Fourth lomé Convention and the Treaty of Basel all aim to prevent, namely the exporting of waste to the Third World and 691 causing harm to the environment . ” The judgement highlighted Trafigura Beheer BV’s failure to have had a proper plan for disposal of the waste when producing it, 692 its failure to check that Abidjan possessed the proper facilities to process the waste before discharging it, 693 and also criticized the circumstances surrounding the contract with Compagnie Tommy. 694 157 Chapter 13
158 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 13 Claude Dauphin enters Zurich airport’s terminal after having been released from prison in Abidjan, 15 February 2007. © ANP/EPA/KLAuS ROSZA The judgement was particularly critical of the company for accepting the price of US$35 per m 3 even after it was aware of the true composition of the waste and had been quoted €950 per m 3 by APS. It stated that: “ Under these circumstances, Trafigura – which, by that point, also knew the exact composition – never should have agreed to allow 695 processing to be carried out at this price. ” The court remarked that the solution chosen by Trafigura was done “on the basis of commercial considerations”. 696 The court also criticized Trafigura for the fact that no representatives from the company had appeared in court in person, leaving it to their lawyers to provide evidence on their behalf. The court commented further that: “ in a case such as the current one, a legal entity may be expected to at least appear at the hearing on the merits of the case in order to explain its standpoint, and to offer the Court and the Public Prosecutor’s office the opportunity to ask questions about certain 697 choices which were made. ” In passing sentence on the captain of the Probo Koala, the court took into consideration that he did not act in direct pursuit of gain, but instead, under the pressure of his immediate client. In addition, the court accepted that the captain of the Probo Koala “did not do all of this at his own initiative, but that, to a significant degree, he was sailing by the compass of (the agent of) Trafigura. Naturally, he was the person in command of the ship; however, in this position, he was nonetheless dependent to a great extent (including in an economic sense) upon the person commissioning his services.” 698
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<strong>the</strong> <strong>toxic</strong> <strong>truth</strong><br />
The sentences<br />
Trafigura Beheer BV was fined €1 million for<br />
breaches under Charges 1 and 2. 687 Captain<br />
Chertov was found guilty of Charges 2 and<br />
3, and given a five-month suspended prison<br />
sentence. 688 Naeem Ahmed was found guilty<br />
of <strong>the</strong> Charge 2; he was given a six-month<br />
suspended prison sentence and a fine of<br />
€25,000. 689<br />
The court noted that Trafigura Beheer BV’s<br />
violation of <strong>the</strong> EWSR was “<strong>the</strong> most serious<br />
offence”, 690 and criticized Trafigura for its<br />
actions. The court stated that:<br />
“ Trafigura may justifiably and with reason<br />
The court in Amsterdam found Trafigura guilty of illegally<br />
exporting waste to Africa. © ANP/EVERT ELZINGA<br />
be blamed for having done precisely that which<br />
<strong>the</strong> eWSR, <strong>the</strong> Fourth lomé Convention and<br />
<strong>the</strong> Treaty of Basel all aim to prevent, namely<br />
<strong>the</strong> exporting of waste to <strong>the</strong> Third World and<br />
691<br />
causing harm to <strong>the</strong> environment . ”<br />
The judgement highlighted Trafigura Beheer<br />
BV’s failure to have had a proper plan for<br />
disposal of <strong>the</strong> waste when producing it, 692<br />
its failure to check that Abidjan possessed<br />
<strong>the</strong> proper facilities to process <strong>the</strong> waste<br />
before discharging it, 693 and also criticized <strong>the</strong><br />
circumstances surrounding <strong>the</strong> contract with<br />
Compagnie Tommy. 694<br />
157<br />
Chapter 13