measure of satisfaction”.78 In the present case, the Court considers that the
present Judgment constitutes a sufficient form of satisfaction, and that
there is, therefore, no need for the Respondent State to make a public
apology.
229. With regard to the request for an independent and impartial investigation
into the alleged facts in order to establish individual criminal liability and
prosecution of the perpetrators, the Court observes that the national and
international commissions of inquiry established in the aftermath of the
2006 events helped uncover the truth and prosecute a group of State
officials as well as officials of TRAFIGURA and other companies. However,
the MoU signed between the Respondent State and TRAFIGURA, on 13
February 2007, prevented the prosecution some of these individuals.
230. The Court notes that any “reparation programme must also operate in
coordination with other judicial measures. When a reparation programme
is established in the absence of other judicial measures, the services it
provides can be considered as a price through which an attempt is made
to buy the silence and acceptance of the victims and their families. It is,
therefore, very important to ensure that reparation efforts are coordinated
with other judicial initiatives including criminal prosecutions to punish the
perpetrators, truth-telling and institutional reform.79
231. The Court recalls, as established above, that the individuals and entities
involved in the waste dumping enjoyed impunity as a result of the MoU.
The said impunity was enshrined in immunity from prosecution granted to
all individuals and entities involved, of whom only two TRAFIGURA officials
were sentenced to prison terms before being released and allowed to leave
the territory of the Respondent State. It follows, therefore, that other
78
Mtikila v. Tanzania (reparations), supra, § 45; Guéhi v. Tanzania, supra, § 194 and Thobias Mang'ara
Mango and another v. United Republic of Tanzania, ACtHPR, Application No. 005/2015, Judgment of 2
December 2021 (merits and reparations), § 106.
79 Economic and Social Council, Protection and promotion of human rights - Impunity - Report of the
Independent Expert to update the Set of Principles for the protection and promotion of human rights
through action to combat impunity, Diane Orentlicher, 18 February 2005.
56
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