including requests for measures of satisfaction, rehabilitation, guarantees
of non-repetition and administrative measures.
i.
Measures of satisfaction
223. The Applicants pray the Court to order the Respondent State to apologize,
particularly to victims of the toxic waste dumping.
224. The Applicants also pray for an independent and impartial investigation into
the alleged incidents in order to determine the liability of individuals
involved and prosecute them, regardless of their status or position within
TRAFIGURA or within the Respondent State.
225. The Applicants further request that the Respondent State be ordered to
publicly account for the use of the funds allocated to it under the MoU.
226. Finally, the Applicants pray the Court to order the Respondent State, after
consultation with victims or the victims’ associations, to roll out a new,
prompt, effective and appropriate compensation programme for victims of
waste dumping, which necessarily requires a real compensation fund and
the compilation of an updated and comprehensive register of victims.
*
227. The Respondent State did not make any submissions on this point.
***
228. As regards an order compelling the Respondent State to accept
responsibility and issue a public apology, the Court, recalling its
jurisprudence, reiterates its position that “a judgment, per se, can constitute
a sufficient form of reparation for moral damages as well as a sufficient
55
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