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Ivorian joy at Trafigura ruling | Ivorian joy at Trafigura ruling |
(5 days later) | |
A court in the Ivory Coast has ruled that compensation due to thousands of victims of dumped waste should not be paid to one man to distribute. | A court in the Ivory Coast has ruled that compensation due to thousands of victims of dumped waste should not be paid to one man to distribute. |
Oil trading company Trafigura had agreed to pay $45m (£27m) to 30,000 victims in an out-of-court settlement. | Oil trading company Trafigura had agreed to pay $45m (£27m) to 30,000 victims in an out-of-court settlement. |
Claude Gohourou argued he should be given responsibility for the money, but there were doubts he would pass it on. | |
However, despite the ruling the money remains blocked and victims cannot yet gain access to their compensation. | However, despite the ruling the money remains blocked and victims cannot yet gain access to their compensation. |
Trafigura had agreed to pay people who said they had been made ill by waste dumped from the ship. | Trafigura had agreed to pay people who said they had been made ill by waste dumped from the ship. |
The money is in addition to the nearly $200m that the company paid the Ivorian government in 2007. | The money is in addition to the nearly $200m that the company paid the Ivorian government in 2007. |
In September, Trafigura and the plaintiffs' lawyers agreed that a link between the dumped waste and deaths had not been proved. | In September, Trafigura and the plaintiffs' lawyers agreed that a link between the dumped waste and deaths had not been proved. |
A joint statement by the company and the British lawyers representing the Ivorians, Leigh Day and Co, said at worst the waste had caused flu-like symptoms. | A joint statement by the company and the British lawyers representing the Ivorians, Leigh Day and Co, said at worst the waste had caused flu-like symptoms. |
Account freeze | Account freeze |
The compensation had been paid by the company into two holding accounts at a bank in Abidjan but in October a court stopped the solicitors from distributing the money - following representations by Mr Gohourou. | |
The BBC's John James in Abidjan said the latest court session was held behind closed doors. | The BBC's John James in Abidjan said the latest court session was held behind closed doors. |
It declared its verdict after an hour, saying that Mr Gohourou's organisation - the National Co-ordination of Toxic Waste victims - had no legal right to freeze the accounts because the association had only just been set up. | |
People danced, cheered and hugged each other as those who'd made it inside the court building gave their verdict, our correspondent said. | People danced, cheered and hugged each other as those who'd made it inside the court building gave their verdict, our correspondent said. |
Many of them were victims of the dumping and shouted: "No to Gohourou." | |
One woman told our correspondent: "We don't know Mr Gohourou - we thank God for us winning this case today." | |
There are a couple of formal processes the court has asked us to do but we are hoping to move on with things next week Martyn Day | There are a couple of formal processes the court has asked us to do but we are hoping to move on with things next week Martyn Day |
He was one of around 100 community activists who originally helped to collect the names and documents of those claiming compensation. | He was one of around 100 community activists who originally helped to collect the names and documents of those claiming compensation. |
In return the organisers would get 3% of any compensation payment made. | In return the organisers would get 3% of any compensation payment made. |
Martyn Day, senior partner at Leigh, Day & Co, the London solicitors representing the victims, said he was delighted with the ruling. | Martyn Day, senior partner at Leigh, Day & Co, the London solicitors representing the victims, said he was delighted with the ruling. |
He told the BBC News website: "There are a couple of formal processes the court has asked us to do but we are hoping to move on with things next week". | He told the BBC News website: "There are a couple of formal processes the court has asked us to do but we are hoping to move on with things next week". |
However despite the ruling, the money has not been unblocked and the victims will not be receiving their money anytime soon, our correspondent says. | However despite the ruling, the money has not been unblocked and the victims will not be receiving their money anytime soon, our correspondent says. |
Additional payment | Additional payment |
Both Leigh, Day and Co and Mr Gohourou will now have to prove their right to represent the victims before the money can be released. | |
This money is in addition to the nearly $200m (£120m) that the company paid the Ivorian government in 2007. | This money is in addition to the nearly $200m (£120m) that the company paid the Ivorian government in 2007. |
Trafigura is a privately owned Dutch firm with offices in London, Amsterdam and Geneva. | Trafigura is a privately owned Dutch firm with offices in London, Amsterdam and Geneva. |
It recently failed in its attempts to stop a British newspaper, The Guardian, from publishing a scientific report into the dumping. | It recently failed in its attempts to stop a British newspaper, The Guardian, from publishing a scientific report into the dumping. |
The report suggested the likely cause of illnesses suffered by thousands of Abidjan locals was the release of potentially lethal gas after chemicals were dumped. | The report suggested the likely cause of illnesses suffered by thousands of Abidjan locals was the release of potentially lethal gas after chemicals were dumped. |
Trafigura said the report was just a draft. | Trafigura said the report was just a draft. |