II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the Application that on 19 August 2006, the cargo ship M.V. Probo Koala, which was chartered by the multinational company TRAFIGURA Limited3, docked at the port of Abidjan, Côte d’Ivoire, with five hundred and twenty-eight cubic meters (528m3) of highly toxic waste on board. It was discharged from the ship and dumped at several sites in Abidjan, the economic capital of the Respondent State and its suburbs. None of these sites had chemical waste treatment facilities. 4. As a result of the waste dumping, air pollution ensued and a stench spread throughout the district of Abidjan. On the same day, thousands of people trooped to health centres complaining of nausea, headaches, vomiting, rashes and nosebleeds. The Applicants aver that according to the Ivorian authorities, seventeen (17) people died of toxic gas inhalation. Hundreds of thousands of other people were affected and environmental experts reported severe groundwater contamination. 5. A few days after the toxic waste dumping, and following complaints from the public, the Respondent State’s public prosecutor and the public prosecutor at the Abidjan-Plateau court opened investigations that led to court proceedings. On 18 September 2006, three executives of TRAFIGURA were arrested and charged with offences provided for and punishable under the Respondent State’s laws protecting public health and the environment from the effects of toxic and nuclear industrial waste as well as harmful substances.4 In the same month, senior officials of the Respondent State, as well as directors of the companies involved in the waste dumping were suspended from their duties. The Respondent State also undertook clean- 3 Established in 1993, the privately owned TRAFIGURA is the third largest independent trader of oil and oil products in the world. With 81 offices in 54 countries around the world, it manages all aspects of the supply and trading of crude oil, petroleum products, renewable energy, metals, ores, coal and concentrates for industrial sector clients. 4 Law N° 88-651 OF 7 July 1988 on the protection of public health and environment against the effects of toxic and nuclear industrial waste and harmful substances. 3