October 2008, the Association of Victims filed a motion for a stay of
proceedings on the grounds of legitimate suspicion, pursuant to Article 631
of the Code of Criminal Procedure.6 The Association of Victims denounced
the fact that, despite flaws in the investigation and testimonies, as well as
government interference in the trial, the Criminal Court insisted on
proceeding with the trial.
9.
In its judgment of 22 October 2008, the Criminal Court found the CEO of
Tommy Company7 and an employee of (WAISB),8 who provided information
about Tommy to Puma Energy, guilty of poisoning and abetment of
poisoning. They were sentenced to twenty (20) years and five (5) years
imprisonment respectively. However, the Respondent State’s officials were
acquitted.
10. The victims subsequently brought several civil actions before different
courts in the Respondent State to obtain reparation from the companies
responsible for the dumping of the toxic waste and from the Respondent
State for the damages suffered. The most important of these proceedings
was the action brought before the Court of First Instance of Abidjan-Plateau
by the families of eleven (11) victims who died as well as more than sixteen
thousand (16,000) people who were affected. On 27 July 2010, by judgment
No. 2799/2010, the Court of First Instance of Abidjan-Plateau found
TRAFIGURA and Puma Energy liable and ordered them each to pay the
sum of One Hundred Million (100,000,000) CFA francs to the families of
seven (7) of the eleven (11) victims, as compensation.
11. Dissatisfied with the amount awarded, the families of the seven (7) victims
appealed the judgment before the Abidjan Court of Appeal which, by
Judgment No. 2010/359 of 24 December 2010, overturned the judgment
with regard to the liability of TRAFIGURA and Puma Energy, on the grounds
Article 631 of the CCP provides: “
Tommy Ltd. was established for the sole purpose of disposing of the waste loaded on board the vessel
PROBO KOALA on behalf of TRAFIGURA Ltd.
8 WAISB is a company interfacing with TRAFIGURA Ltd in Abidjan for the purposes of dumping toxic
waste.
6
7
5