and lastly, setting up procedures aimed at solving problems caused by their
action.47
143. Be that as it may, the Court notes that in the instant case, even though the
multinational company, TRAFIGURA Limited, which hired the MV Probo
Koala was at the origin of the impugned violations, the main responsibility
for human rights violations resulting from the dumping of the toxic waste in
Abidjan is, ultimately, borne by the Respondent state.
144. In view of all of the foregoing, the Court finds that the Respondent State
violated Article 4 of the Charter.
B. Alleged violation of the right to an effective remedy
145. The Applicants allege that the Respondent State violated the right to an
effective remedy and the right to reparation for damages by failing to ensure
that TRAFIGURA executives were actually brought to justice, but instead
entered into a settlement with them, thereby preventing victims from suing
them.48
146. The Applicants also argue that the Respondent State did not prosecute its
officials implicated in the dumping of toxic waste in Abidjan either. They
claim that only two employees were tried and convicted.49
147. The Applicants further argue that the Respondent State violated the right to
reparation insofar as the victims were not afforded adequate, effective and
prompt reparations. They claim that although the Respondent State put in
place a compensation programme for victims, the said programme was not
accompanied by any additional measures to guarantee non-repetition,
satisfaction or rehabilitation. The Applicants submit that the compensation
programme was inadequate and did not achieve its objective, as some
47
Ibid.
48. Application,
49. Application,
§§ 114-120.
§§ 121-123.
37