persons who may be liable have never been prosecuted for their actions,
under the Respondent State’s international obligations, including the right
to an effective remedy and non-repetition.
232. The Court, therefore, orders the Respondent State to reopen an
independent and impartial investigation into the alleged violations in order
to establish the criminal and individual liability of all persons and entities
involved with a view to prosecuting and punishing them. In this respect, it
should be recalled that the last national proceedings date back to the
judgment of the joint chamber of the Supreme Court of 23 July 2014.
233. As to the Applicants’ request for an order compelling the Respondent State
to submit a transparent and public report on the disbursement of the funds
allocated to it under the MoU, the Court notes that the victim compensation
programme not only lacked transparency and was not comprehensive. It
was also found to be ineffective by hundreds of victims. The programme
was prepared without prior consultation with the victims or their
representatives. As a result, there were numerous irregularities in the
procedures for counting victims entitled to claim compensation.80
234. That said, the Court recalls that it has already ordered the establishment
of a compensation fund in consultation with victims or the victims’
associations and the deposit of the amount received from TRAFIGURA,
complemented by funds provided by the Respondent State and/or any
other sources and the establishment of a complete list of all the victims.
The Court holds that the implementation of measures ordered on this issue
will undoubtedly include a status of victims, a list of all the victims and a
transparent public report on the use of the allocated funds based on the
MoU.
235. As regards the setting up of a new compensation scheme, the Court finds
that based on the foregoing, it is not necessary to order the roll-out of
another compensation programme.
80
Contents of the UN Special Rapporteur's report and the reports of non-governmental organisations.
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