the toxic truth - Greenpeace

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