213. With regard to the sums to be paid into the compensation fund, the Court recalls, as stated in paragraph 162 of this judgment, that it is through the MoU that the Respondent State has violated the victims’ right to an effective remedy. Further, the MoU is of no effect as against the victims insofar as there is no evidence that they took part, either directly or indirectly, in the negotiations leading to its conclusion. The Court notes in this regard that in terms of the said MoU, TRAFIGURA agreed to pay the Respondent State the sum of Ninety-Five Billion (95 000 000 000) CFA francs as follows: Seventy-Three Billion (73 000 000 000) CFA francs as compensation for prejudice caused to the State of Cote d’Ivoire and for compensation to the victims and Twenty-Two Billion (22 000 000 000) CFA Francs as cost of operations and remediation. 214. The Court notes that despite the fact that the MoU is, in principle, unenforceable against the victims, there is nothing to prevent the sums received by the State, and therefore already in its coffers, from being paid into the compensation fund. Such a measure is fair and appropriate, based on the fact that the Respondent State cannot, in equity, retain the benefits of an agreement by which it has violated the victims' right to an effective remedy. In the circumstances, apart from the funds received under the MoU, the compensation fund, as necessary, should be supplemented by resources from the Respondent State, taking into account the updated number of victims and the extent of the damage suffered by each of them. 215. Consequently, in view of the above assessment, the Court orders the Respondent State to set up a compensation fund for the victims in consultation with the latter, and to deposit the funds received from TRAFIGURA in this and in case the money received from TRAFIGURA is insufficient, to complement the fund with its own contribution, taking into account the updated number of victims, the magnitude of the prejudice suffered by each victim. 53