i. Material Prejudice 209. The Applicants pray the Court to order the Respondent State to establish a compensation fund and to conduct a complete census of all the victims for their compensation taking into account the gravity of the prejudice suffered. 210. The Court notes that in the instant judgment, it has established violations by the Respondent State, which authorised the dumping of the toxic waste with the involvement of its authorities, and which also failed in its obligation of due diligence in checking the extent of toxic nature of the waste. The Respondent State also failed to properly manage discharge operations and the cleaning up of the toxic waste. Furthermore, the Court notes that according to the figures admitted by the Respondent State, the number of victims affected by the incident74 is about one hundred thousand (100 000) persons and that the MoU was signed on the basis of these figures 211. It should, however, be noted that regardless the form of compensation, it cannot be assessed without taking into account the various categories of victims, that is, the families of deceased persons, persons directly affected by the waste dumping who suffered immediate impact, and finally, the remote victims, who were less affected than the others. It also emerges, from the record, that seventeen (17) people died as a result of the waste dumping, while there is no indication of the number of victims in respect of the other two categories. 212. The Court finds, considering its decision on the admissibility of this Application, that apart from the victims who were party to proceedings before domestic courts, damages must be awarded, based on the prejudice suffered, to all victims without exception. In the circumstances, the Court holds that it is appropriate for the Respondent State, acting in consultation with the victims, to set up a compensation fund for them. 74 As indicated earlier in this judgment, the Sixteen thousand (16 000) victims mentioned are those who participated in proceedings domestic courts or those who formed associations of victims. However, in all, the Respondent State’s government identified about One Hundred Thousand (100 000) victims. 52