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Amnesty International

Traumatised Nigerian widows confront Shell in Dutch court

The husbands of Victoria Bera (L) and Esther Kiobel (R), were executed in 1995

The widows of four Nigerian activists executed by the military regime in the 1990s launched a court case in the Netherlands Tuesday against oil giant Shell for complicity in their deaths.

Esther Kiobel, whose husband Barinem was hanged in 1995 along with famed writer Ken Saro-Wiwa and seven others, said the “horrible” experience had left her “traumatised”.

The widows allege that Anglo-Dutch Shell helped in the arrest of the men, who had sought to peacefully disrupt the oil giant’s work in Nigeria’s Ogoni region because of health and environmental impacts.

Shell said it was “inconceivable” that it could have been involved in the death of the men.

Kiobel and one of the other widows, Victoria Bera, were in court in The Hague for opening arguments in the case against Shell, while the other two women whose husbands were killed were denied visas to attend.

“My husband had a good heart. Now I am a poor widow who has lost everything,” Kiobel was quoted as telling the court in The Hague by Dutch news agency ANP.

“The abuses that my family and I went through were a horrible experience that has traumatised us to this day,” added Kiobel, who fled Nigeria in 1998 and now lives in the United States. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Netherlands: After 23 years, appalling allegations against Shell to be heard in court

12 February 2019, 00:01 UTC

A Dutch court will today hear the first arguments in a historic case against Shell, in which the oil giant stands accused of instigating a raft of horrifying human rights violations committed by the Nigerian government against the Ogoni people in the 1990s. Esther Kiobel, Victoria Bera, Blessing Eawo and Charity Levula are suing Shell over what they say is its role in the unlawful arrest, detention and execution of their husbands by the Nigerian military, following a brutal crackdown on Ogoni protests against Shell’s devastating pollution of the region.

Amnesty International, which is supporting the plaintiffs and legal team bringing the case, has independently documented Shell’s role in killings, rape and torture carried out by the Nigerian government in its effort to crush protests. Barinem Kiobel, Baribor Bera, Nordu Eawo and Paul Levula were hanged in 1995 after a sham trial. Their widows are now demanding compensation and a public apology from Shell. Five other men, including protest leader Ken Saro-Wiwa, were executed alongside them and they have become collectively known as the Ogoni Nine. read more

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FOR THE 2ND TIME U.S. SUPREME COURT BLOCKS JUSTICE FOR ‘OGONI 9’ WIDOW, ESTHER KIOBEL

U.S. Supreme Court Esther Kiobel decision on Monday 7 Jan 2019

Esther Kiobels’ late husband Dr Barinem Kiobel was one of the “Ogoni 9” executed by hanging two decades ago by a corrupt Nigerian military regime in bed with Shell. Esther holds Shell responsible for complicity in her husbands’ death and has sought justice ever since.

Her action in the U.S. courts against Shell which commenced in 1996, took a decade to reach the U.S. Supreme Court. Their decision on a legal technicality ended the litigation. In a precedent-setting decision, the U.S. Supreme court decided in April 2012 that Esther could not sue Shell in the USA for human rights crimes that took place in a foreign jurisdiction – Nigeria.

At that point, Esther contacted me to see if I could help, as she needed funding for any further litigation and advice on how best to proceed.

Astonishingly, Esther’s basic case has never been heard in court. Shell has successfully blocked her litigation for over 20 years by exploiting legal technicalities. 

I introduced her to a Dutch law firm with the intention of suing Shell in its home country. With the help and support of Amnesty International, a Writ was served on Shell in the Netherlands in June 2017. That litigation is in progress with the first court hearing due next month.

In preparation for the Dutch litigation, Esther applied to the U.S. courts in Oct 2016 for access to Shell discovery assembled for the thwarted U.S. litigation. The action was against Shell’s U.S. law firm Cravath, Swaine & Moore LLP who had retained 100,000 plus discovery items in a secure warehouse.

A U.S. Federal judge ordered Cravath to hand over the Shell internal discovery docs. Cravath appealed against his decision on 14 February 2018, and his decision was reversed by the U.S. Court of Appeals.

Lawyers acting for Esther then petitioned the U.S. Supreme Court to intervene.

On Monday 7 Jan 2019 the U.S. Supreme Court declined to do so.

So two U.S. Supreme Court wins for commercial Goliath (Shell) and nothing but disappointment for the destitute outraged widow of a Nigerian official hanged on trumped-up charges by a corrupt Nigerian despot carrying out Shell’s ruthless orders.

The trial was widely discredited. The verdict ignited global outrage. It led to Nigeria’s suspension from the Commonwealth.

Esther now lives in the USA where she is training to be a nurse.

Below is a link (and screenshot) for the U.S. Supreme Court website confirming the decision to decline the Petition.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-706.html

Related article on a U.S court reporting website operating behind a paywall: High Court Won’t Review Cravath Shell Docs Decision

The U.S. Supreme Court on Monday declined to hear an appeal from a Nigerian activist’s widow who asked the court to review the Second Circuit’s decision barring her from obtaining Royal Dutch Shell PLC documents held by Cravath Swaine & Moore LLP for her suit against the energy giant in the Netherlands…

Disclosure by the author of this article: The lead claimant Esther Kiobel, her lawyer Channa Samkalden of the Dutch human rights law firm Prakken d’Oliveira representing the widows, and the acclaimed human rights organisation Amnesty International, have all acknowledged the involvement of John Donovan in bringing *this case. (*See Writ of Summons in English and Dutch served on Shell 28 June 2017 – copy obtained from US Pacer public electronic court records) read more

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Shell OPL 245 & OML 42 oil deals become even murkier

OPL 245 & OML 42 corruption ridden Nigerian oil deals involving Shell and a former Shell Vice President, Peter Robinson, have become even murkier. See Reuters report below. No wonder Amnesty International has publicly asked the question of whether Royal Dutch Shell is a Criminal Enterprise in relation to its conduct in Nigeria? 

By Ron Bousso: 6 Dec 2018

LONDON (Reuters) – Royal Dutch Shell has concluded that a Nigerian oilfield sale where it suspects an executive took bribes was not linked to a separate court case in which he and Shell face corruption charges over a $1.1 billion offshore acquisition.

The Anglo-Dutch company filed a criminal complaint in March against Peter Robinson, a former vice president for sub-Saharan Africa, saying he took bribes in the $390 million sale of onshore Oil Mining Lease (OML) 42 to a Nigerian firm. read more

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Shell Kills Ogoni

IMAGE INSERTED BY JOHN DONOVAN

Even after his arrest, Kiobel bravely campaigned to improve conditions in his home area, writing to Komo to appeal for a military withdrawal from Gokana (in Ogoniland) because of “indiscriminate shootings, killing of innocent persons.” 

Extracts from pages 35 & 36 of an Amnesty International document entitled: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Ken Saro-Wiwa: Before launching MOSOP, Ken Saro-Wiwa, from Bane in Ogoniland, was a successful writer. From 1985-90, some 30 million Nigerians tuned in every week to Basi and Company, a comedy-drama he wrote for Nigerian TV.152 Several of his books won international acclaim, including Sozaboy: A Novel in Rotten English, and On a Darkling Plain.153 The prosecution accused Ken Saro-Wiwa of inciting his supporters to kill the four chiefs meeting at Giokoo. It claimed that shortly before the attacks, he told a group of supporters “to deal with the “vultures.”154 The only witnesses to allege this, Charles Danwi and Nayone Akpa, subsequently signed alleging that the government and Shell had bribed them to make false statements (see above.)155 Ken Saro-Wiwa denied the accusation.156 read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Email to Prominent Members of the House of Lords about Shell

From: John Donovan <johndonovan
Subject: Justin Welby
Date: 20 September 2018 at 11:50:12 BST
To: [email protected]

Email sent to Prominent Members of the House of Lords 

SUBJECT: Justin Welby, Archbishop of Cant, with a touch of Frank Spencer

Justin Welby is in hot water again. He has criticised another controversial company, last time Wonga and this time the tax-shy Amazon. Both later embarrassingly revealed to be businesses in which the Church of England is an investor.  He is currently the main target of Rod Liddle in his outspoken Sunday Times column, described as the Archbishop of Cant, with a touch of Frank Spencer. 

BBC Newsnight aired a related package on Friday 14 Sept drawing attention to the subject and the Church of England’s numerous questionable investments. In particular, its holdings in BP and Shell, both described as being “toxic”. Bearing in mind the history set out below, particularly the Nazi aspect and the antisemitism, how could the Church of England invest in such a toxic business, as Shell?

Shell has targeted perceived enemies, such as Greenpeace and The Body Shop, with undercover activity using Hakluyt & Co, the commercial offshoot of MI6 set up partly by Shell and BP.   read more

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Justin Welby, Archbishop of Hypocrisy

EMAIL BEING SENT THIS WEEKEND TO EVERY UK MP. 

Justin Welby, Archbishop of Hypocrisy

Justin Welby is in hot water again. He has criticised another controversial company, last time Wonga and this time the tax-shy Amazon. Both later embarrassingly revealed to be businesses in which the Church of England is an investor. 

BBC Newsnight aired a package on Friday 14 Sept drawing attention to the subject and the Church of England’s numerous questionable investments. In particular, its holdings in BP and Shell, both described as being toxic. 

I can speak with some authority in relation to the toxicity of Shell. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Amnesty International Verdict on Ogoni 9 Trial

A British criminal lawyer, Michael Birnbaum QC, who observed the trial, concluded that it was deeply unfair. “The judgement of the Tribunal is not merely wrong, illogical or perverse. It is downright dishonest. The Tribunal consistently advanced arguments which no experienced lawyer could possibly believe to be logical or just. I believe that the Tribunal first decided on its verdict and then sought for arguments to justify them. No barrel was too deep to be scraped.”

Extracts from pages 33 & 34 of an Amnesty International document entitled: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

OGONI 9: UNFAIR TRIAL AND EXECUTION

On 6 February 1995, Ken Saro-Wiwa, Dr Barinem Kiobel and the other prisoners were allowed to see their lawyers for the first time since their arrest in May the previous year.136 They were put on trial by a specially constituted tribunal – The Civil Disturbances Tribunal. Ken Saro-Wiwa, Barinem Kiobel, John Kpuinen, and Saro-Wiwa’s deputy in MOSOP, Ledum Mitee, were accused of inciting the murders. The other men were accused of carrying them out. They all faced the death penalty and were denied the chance to appeal. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Esther Kiobel accuses Shell of complicity in the murder of her husband

By John Donovan

The New York Law Journal has published an article about the recent outcome of an appeal heard by the U.S. Appeals Court regarding over 100,000 discovery documents assembled by Shell in the USA for an action brought against Shell by Esther Kiobel.

That litigation, which began some 22 years ago, ended with a U.S. Supreme Court decision on subject-matter jurisdiction grounds.

In June 2017, Esther Kiobel switched the same basic litigation to the Dutch Courts and tried to obtain the Shell discovery stored in a secure warehouse by Shell’s American law firm, Cravath, Swaine & Moore. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Amnesty International Damning Indictment of Royal Dutch Shell

SHELL SOLICITED THE INVOLVEMENT OF THE ARMED FORCES AND ENCOURAGED HUMAN RIGHTS ABUSES IN OGONILAND WITH PAYMENTS AND ASSISTANCE TO THE SECURITY FORCES (See Page 3 of the document cited immediately below)

Extracts from pages 29, 30, 31 & 32 of an Amnesty International document entitled: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

RAPE OF OGONI WOMEN AND GIRLS

During the military raids on Ogoni villages in 1994 and in the detention centres of Bori Military Camp and Kpor, soldiers raped women and girls. Human Rights Watch recorded several accounts in its 1996 report.120 One woman told researchers that she watched as two soldiers raped her 13-year-old sister at gunpoint during a midnight raid on Bori around June 1994. A woman in her late thirties gave a harrowing account of her rape by five soldiers on the morning of 28 May 1994. A teenager said she had been raped by four soldiers whom she and her younger sister encountered one morning in June 1994, as they were returning from a well near their house: read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

SHELL CONTINUES TO EVADE JUSTICE FOR COMPLICITY IN OGONI 9 MURDERS 

Dr. Barinem Kiobel was one of the “Ogoni Nine” executed by a despotic Nigerian regime after a rigged trial. His widow, Esther Kiobel, holds Shell responsible for his murder on trumped-up charges and has been seeking justice for the last 22 years.

By John Donovan

Since 1996, various Kiobel family members have been pursuing litigation in the USA relating to Shell’s conduct in Nigeria. This fact is confirmed from the screenshot of listed court cases filed in the USA and blocked by Shell. Only one related application is still open and it is on the way to being closed as a result of a decision by a U.S. Appeals Court yesterday. The remaining case is described by the three Appeal Court judges as “extraordinary, and possibly unique.” read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

SHELL IN OGONILAND: TORTURE AND ILL-TREATMENT

Two Ogoni fishermen have described how they were arrested by members of the police unit seconded to guard Shell personnel and installations (known as the Supernumerary or SPY police) on 22 June 1994. In a letter faxed to journalists after their release
from prison in October 1998, Kagbara Bassee and Blessing Israel said that the police arrested them at Benson Beach, Akwa Ibon State. They said that the police officers, who were accompanied by Shell staff, beat them with batons, knocking Blessing Israel unconscious.

Extracts from pages 27, 28 & 29 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

In July 1994, the Dutch ambassador told Shell Nigeria’s then chairperson Brian Anderson that the army had killed some 800 Ogonis.

EXTRACT BEGINS

TORTURE AND OTHER ILL-TREATMENT OF DETAINEES

During this time, numerous people – mostly from Ogoniland – were detained and held in military-run camps and subjected to torture and other cruel, inhuman or degrading treatment. Many were arbitrarily arrested and detained without charge for varying periods in 1994 and 1995 at either Bori Military Camp, in Port Harcourt, or the military detention centre set up in what used to be the police station in Kpor, in Ogoniland.102

Two environmentalists (Oronto Douglas and Nick Ashton-Jones) who went to visit Ledum Mitee, the MOSOP vice-president, in detention in the Bori Military Camp, on 26 June 1994, have described how they were detained, flogged and threatened with execution, on Paul Okuntimo’s orders.103 Nick Ashton-Jones described his experience: read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

“I will fight to my last breath” – Esther Kiobel on her 22-year battle to get Shell in court

Esther Kiobel poses with a picture of her beloved late husband, Dr. Barinem Kiobel, one of “Ogoni 9” executed by Nigeria’s military government after a peaceful uprising against Shell in 1995. Photograph: Amnesty International

29 June 2018

Esther says Amnesty activists have given her the strength to carry on fighting for justice

A year ago today, Esther Kiobel stood on the steps of the Palace of Justice in The Hague. It had taken over twenty years to get there, but she had just filed a landmark case against the oil giant Shell over what she says is its role in the 1995 execution of her husband Dr. Barinem Kiobel. Dr Kiobel, a former government official, was hanged by the Nigerian military government in connection with widespread protests against oil pollution in the Niger Delta. read more

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HISTORICAL OVERVIEW: ARREST OF MOSOP LEADERS, MORE VIOLENCE IN OGONILAND

It is not known how many people died during the raids, which lasted until August 1994, when the military claimed to have successfully “restored peace” to Ogoniland. In July, the Dutch ambassador told Shell Nigeria’s then chairperson Brian Anderson that the army had killed some 800 Ogonis.

Extracts from pages 25, 26 & 27 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

ARREST OF MOSOP LEADERS AND FURTHER VIOLENCE IN OGONILAND

On 21 May 1994, four of the traditional Ogoni leaders, who had fallen out with Ken Saro-Wiwa the previous year, were attacked while they were holding a meeting in Giokoo, Ogoniland. Because of serious flaws in the investigation and subsequent trial, and because prosecution witnesses gave conflicting accounts of what happened, the key facts surrounding the killings have never been fully established. According to the version put forward by the prosecution, the attack was carried out by a mob of hundreds of men.82 The prosecution said that these attackers beat the four traditional leaders to death and then set fire to their corpses. The victims were Chief Edward N. Kobani, who had resigned as MOSOP Vice-President in 1993, Albert T. Badey, Chief Samuel N. Orage and Chief Theophilus B. Orage. read more

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SHELL SPONSORED MILITARY RULE AND DEEPENING VIOLENCE IN OGONILAND

“Shell operations still impossible unless ruthless military operations are undertaken for smooth economic activities to commence.” Security forces led by Okuntimo shot at thousands of people who were peacefully demonstrating outside Shell’s main compound at Rumuobiakani in Port Harcourt. One eyewitness told Human Rights Watch that he heard Major Paul Okuntimo order his soldiers, “Shoot at anyone you see.” According to Human Rights Watch: “The troops began throwing canisters of tear gas, shooting indiscriminately…”

Extracts from pages 23 & 24 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

MILITARY RULE AND DEEPENING VIOLENCE IN OGONILAND

In November 1993, General Sani Abacha, a man intolerant of dissent who was prepared to use violence to suppress opposition, seized power in a coup.74 Abacha banned all political activity, replacing civilian governors with military administrators, and jailing and executing opponents.75 By early the next year, the military administrator of Rivers state

Lieutenant-Colonel Musa Dauda Komo had put in place a new plan to deal with MOSOP, creating the Internal Security Task Force (ISTF), under Major Paul Okuntimo.76 Almost immediately the ISTF engaged in excessive use of force and other human rights violations in response to community protests in the Niger Delta. For example, on 21 February 1994, security forces led by Okuntimo shot at thousands of people who were peacefully demonstrating outside Shell’s main compound at Rumuobiakani in Port Harcourt. One eyewitness told Human Rights Watch that he heard Major Paul Okuntimo order his soldiers, “Shoot at anyone you see.”77 According to Human Rights Watch: “The troops began throwing canisters of tear gas, shooting indiscriminately, beating demonstrators with the butts of their guns, and making arrests. P, a community elder, still has a scar on his head from the brutal beating to which he was subjected. Five people were shot, and more than ten people were arrested.”78 read more

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AMNESTY INTERNATIONAL CASTIGATES SHELL

The manager of Shell’s eastern division, J.R. Udofia, faxed the Commissioner of Police in Rivers State specifically requesting the intervention of the Mobile Police (also known as MOPOL), a paramilitary unit. According to a subsequent judicial enquiry, the villagers had not in fact attacked Shell installations, but conducted a peaceful protest demanding that the oil company compensate them for damage caused by pollution from oil spills. Over the course of the next two days, the Mobile Police attacked the village, “like an invading army that had vowed to take the last drop of the enemy’s blood”, the inquiry found. The Mobile Police, using guns and grenades, killed 80 people, throwing many corpses into a nearby river, the survivors testified.

Extracts from pages 19 to 23 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

LOCAL PROTESTS AND MILITARY CRACKDOWN

In November 1990, just over two years before the Ogoni protests gathered pace, a violent crackdown by armed police in Umuechem community (some 30km from Ogoniland), showed how high the stakes were for anyone protesting in the oil-producing region. Following demonstrations by villagers, Shell warned the government of an “impending attack.”32 The manager of Shell’s eastern division, J.R. Udofia, faxed the Commissioner of Police in Rivers State specifically requesting the intervention of the Mobile Police (also known as MOPOL), a paramilitary unit.33 read more

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