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Posts Tagged ‘Ken Saro-Wiwa’

Dutch law firm Prakken d’Oliveira Target of Shell Spying?

Email Sent To Prakken d’Oliveira by John Donovan, Sunday 10 December 2017

Be Warned: Your Law Firm is Almost Certainly Under Surveillance Again!

As Prakken d’Oliveira is aware, for more than two decades I have operated websites focussed on the *global misdeeds of Royal Dutch Shell. In more recent years, mainly via my websites royaldutchshellplc.com and royaldutchshellgroup.com. I make the above warning based on my own experience during a long drawn out acrimonious relationship with Shell.

Perceived as an arch-enemy, I have been the target of multiple spying operations carried out over many years at the behest of Shell senior management. I have irrefutable proof in the form of letters of admission by Shell and confidential Shell internal communications obtained in response to SAR applications under the Data Protection Act. UK police have carried out  investigations covering burglaries, threats of violence and repeated cyber attacks. read more

Dutch Public Prosecution Service looks at Amnesty dossier on Shell Nigeria

ENGLISH TRANSLATION (GOOGLE TRANSLATE) OF A DUTCH ARTICLE PUBLISHED BY NU.nl

Published: 28 November 2017 18:44 Last update: November 28, 2017 9:45

The Public Prosecution Service (OM) will look at the file Amnesty International has made about the role of Shell in Nigeria. According to the human rights organization, Shell was actively involved in violence against the Ogoni population in Nigeria. Amnesty International has called on Nigeria, the United Kingdom and the Netherlands to conduct a criminal investigation into the role of Shell. “We are going to study the file very seriously and if we see a reason we start an investigation”, a spokesperson for the Public Prosecution Service (OM) reacts. According to the human rights organization, Shell’s internal documents and testimonies show that the oil company repeatedly encouraged the Nigerian army to take action against protests from the Ogoni. Residents of Ogoniland revolted after oil spills from Shell had caused enormous environmental damage. According to Amnesty, Shell asked a paramilitary police unit in 1990 for ‘protection’ against protests on which agents attacked the village of Umuechem and killed at least eighty people. In later years, requests for assistance from the company also led to bloodshed. The Shell summit would have been aware of this violence, but it did not stop the requests, Amnesty claims, which says to have internal documents that prove it.

Declaration

If the Public Prosecution Service does not institute an investigation, Amnesty will file a report. The human rights organization is currently working on a criminal file, which in due course can be given to the Public Prosecution Service. When that dossier is ready, the organization does not know.

Shell has always denied having been involved in human rights violations. “Shell has not encouraged or encouraged violence. We believe that the facts will clearly show that Shell was not responsible for those tragic events. read more

SHELL EVADING RESPONSIBILITY IN NIGERIA

My name is Esher Kiobel. I would like to tell you about my epic fight with the Goliath oil company Royal Dutch Shell, whose army of lawyers have battled since 2001 to prevent my case against the evil company from being heard in court. I hold Shell responsible for crimes against my family, including the execution of my distinguished husband Dr. Barinem Kiobel who was hanged along with fellow Ogoni, collectively known as the Ogoni 9. Ken Saro-Wiwa, a winner of the Goldman Environmental Prize, was also one of the Ogoni 9. read more

22nd Execution Anniversary Date of the Ogoni 9

The ‘Ogoni 9’ were executed on this day 22 years ago, all victims of a trumped-up case brought by the corrupt despotic Abacha Nigerian regime in collusion with its evil partner in crime, Royal Dutch Shell.

The widows of those murdered include Esther Kiobel who has been seeking justice ever since. Her husband, Dr. Barinem Nubari Kiobel was born in Kpor, Rivers State, Nigeria, on 23 September 1959. Between 1979 and 1992 he lived in the UK, where he obtained a doctorate at the University of Glasgow. In 1992 he returned to Nigeria, where he accepted a senior lecturer position at the University of Science and Technology in Port Harcourt.

Dr. Kiobel later became Honourable Commissioner of the Ministry of Trade, Industry and Tourism of Rivers State province. In this role he acted as a link between the government and the Ogoni. During his work as Commissioner, despite the potential danger of doing so, he publicly expressed criticism of the regime’s activities in Ogoniland. A fatal course of action.  read more

Shell is a monster says MOSOP official

The Movement for the Survival of the Ogoni People (MOSOP) has described as frightening and condemnable, the Nigerian Government’s tacit endorsement of  abuses against the Ogoni people by Shell Petroleum Development Company of Nigeria. Publicity Secretary of MOSOP Fegalo Nsuke, made this known while speaking to participants of the Ogoni Peace Match in Bori on Thursday October 26. Nsuke said it was shameful that the Nigerian state, with representation on the U.N. Human Rights Commission will be stinking with abuses and is failing to address the problem in over 2 decades since the Ogoni people rose to challenge these abuses perpetrated against the flock by Shell Petroleum.

Nsuke said the situation in Ogoniland is degenerating with lots of people being endangered without a voice to speak out to the world.

Citing the incident of Thursday where soldiers dispersed a crown of peaceful protestors in Tai, Nsuke said he was assaulted by one of the soldiers simply because he took photographs. He said a female reporter for The Nation newspaper was also assaulted by another soldier for recording a speech by the media aide to the MOSOP President, Bari-ala Kpalap.

The MOSOP spokesman however assured that the Ogoni people led by MOSOP will not give up on the struggle for a free Ogoniland neither will the battle to secure a future for the Ogoni people be lost. read more

Kiobel’s fight for Shell discovery: Lawyer skirmishes on eve of U.S. Court of Appeals hearing

Esther Kiobel has been fighting for more than a decade to obtain justice for the murder of her husband Dr. Barinem Kiobel and crimes committed against her, for which she holds Shell responsible. Shell supported and financed the corrupt Abacha regime in Nigeria.

By John Donovan

Shell’s U.S. lawyers Cravath, Swaine & Moore, appealed against a decision by a U.S. federal judge that Cravath should hand over for use in Dutch litigation against Shell, more than 100,000 items of Shell internal discovery documents stored by Cravath in a secure warehouse located in the USA.

I have routinely published available appeal court documents that would otherwise be hidden behind a pay wall. The documents below were filed with the court in the days just before the appeal court hearing by various parties involved, including Washington DC lawyers Hogan Lovells representing Cravath, and EarthRights International acting for Esther Kiobel. read more

In memory of Dr. Barinem Nubari Kiobel

By John Donovan

It will shortly be five years since Esther Kiobel first sought my help in her fight to hold Shell accountable for complicity in the murder of her husband Dr. Barinem Nubari Kiobel – a member of the “Ogoni 9” executed in Nigeria by the dreaded Abacha regime. Esther correctly anticipated that Shell would succeed in blocking her attempt to use the US courts to seek justice. Shell recruited the UK and Dutch governments to help thwart the US litigation on judicial territoriality grounds. The merits of her claim were never considered.  read more

Kiobel v Shell lawyers hearing 12 Sept 2017

Andrew Denney, New York Law Journal: September 12, 2017

Forcing Cravath, Swaine & Moore to hand over documents related to litigation against Royal Dutch Shell to a plaintiff seeking redress in Dutch courts would give rise to “discovery litigation tourism,” an attorney for the firm said Tuesday in arguments before a federal appeals court.

Esther Kiobel, who was unsuccessful in her effort to hold Shell liable in American courts for the 1995 execution death of her husband and eight others under the Alien Tort Statute, has taken her fight to the courts in the Netherlands. read more

Shell Withholds 100,000 Documents Critical To Ogoni Nine Case

BY PUNCH NEWSPAPERSEP 08, 2017

The oil giant, Shell, is refusing to hand over more than 100,000 internal documents on the arrest, detention, and execution of nine Ogoni men in the 1990s, Amnesty International has said. The execution of the “Ogoni Nine”,  including the renowned writer Ken Saro-Wiwa, by the government in 1995 sparked global outrage. Others executed along with Saro-Wiwa were Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levera, Felix Nuate, Baribor Bera, Barinem Kiobel, and John Kpuine. In a statement on Friday, a Senior Director of Research at Amnesty International, Audrey Gaughran, said Shell has gone to extraordinary lengths to withhold information vital to the case. He alleged that the oil giant may have “skeletons in its cupboard” and should not be allowed to hide behind expensive legal teams to avoid facing justice. “Shell has gone to extraordinary lengths to withhold this critical information. Because the documents in question are so old, it is highly unlikely that there are legitimate business reasons for keeping them confidential. So what does Shell have to hide?” FULL ARTICLE read more

Ogoni Nine: Shell’s lawyers refusing to hand over “critical” evidence – Amnesty International

The widows of four of the men, led by Esther Kiobel, are the plaintiffs in the case which was first filed in 2001 in the U.S. The U.S. Supreme Court in 2013, without hearing the substance of the case, had ruled that the U.S. did not have jurisdiction. The widows filed the lawsuit in the Netherlands on June 28. An international human rights NGO, Amnesty International, said in a statement Friday that the U.S. law firm, Cravath, Swaine & Moore, has refused to hand over more than 100,000 internal documents considered crucial to the case. The Amnesty International directly accused Shell of trying to prevent the release of vital information. FULL ARTICLE read more

Will Oprah Winfrey portray Esther Kiobel in a movie about her epic battle with Shell? 

If Esther does eventually win her case, it will make the Erin Brockovich story look a tea party by comparison.

By John Donovan

The above headline may be premature but it really could be just a matter of time.

Last Thursday, 31 August, an application was filed with the United States Court of Appeals for the Second Circuit to film an appeal hearing made by Shell’s US lawyers Cravath, Swaine & Moore opposing an order made by a federal judge in favour of Esther Kiobel.

The application was made by Freke Vuijst a US correspondent of Dutch media and also covers her cameraman Martijn Hart. The applicant reveals that she is currently involved in the making of a film documentary about the case. The application says: “The above mentioned case is of direct interest to the Dutch public, since Esther Kiobel filed a case in the Netherlands.” read more

$2.47bn at stake in US case: Shell/Exxon v Nigerian National Petroleum Corp

By John Donovan

Provided below are links to a selection of US court documents I have published online about a dispute being litigated in the US courts involving Shell, Exxon and the state-owned Nigerian National Petroleum Corp (NNPC). A gigantic sum (including interest) of $2.47bn USD is at stake.

In an echo of the Esther Kiobel v Shell case, also currently being heard in the US courts, the current arguments are about the discovery process. (Esther is actually suing Shell’s US lawyers, Cravath Swaine & Moore.) read more

FINAL EXTRACT ESTHER KIOBEL WRIT SERVED ON SHELL 28 JUNE 2017

By John Donovan

Published below are the final pages – 113 to 138 – inclusive, from the Writ served on multiple companies within the Royal Dutch Shell Group on 28 June 2017 on behalf of Esther Kiobel. These pages provide supporting information about the claim, including a List of Exhibits. The formatting is not 100% accurate, but the content is correct.

Extract begins

CLAIM

The claimants request the court to enter judgement, provisionally enforceable as far as possible:

  1. to rule that the defendants acted unlawfully towards the claimants and are jointly and severally liable to them for the damage that they have suffered and will suffer in the future as a result of the defendants’ unlawful actions, which damage is to be assessed during separate follow-up proceedings and settled according to the law, all this plus the statutory interest up to the date of settlement in full;
  2. to order the defendants within 21 days of the judgment to compel the CEO of Royal Dutch Shell, in any case the CEO of SPDC, to make a public apology for the role that Shell played in the events leading to the death of the claimants’ spouses and to publish the text of this statement clearly visible on its website, subject to a penalty of €20,000 per day (or a sum to be determined by the court in accordance with the proper administration of justice) that they fail to comply with this order;
  3. to order the defendants jointly and severally to pay the extrajudicial costs;
  4. to order the defendants, jointly and severally, to pay the costs of these proceedings, including the subsequent costs.

The cost of this: €80.42 read more

Kiobel Writ: The Dutch battlefront against Shell

For years, Shell encouraged the Nigerian regime to take (more) effective measures designed to ensure Shell’s return to Ogoniland. Shell did this despite the fact that it had meanwhile learned from experience that in its actions, the regime frequently violated human rights and many people were killed.

By John Donovan

Earlier today we published an article about the latest legal moves on behalf on Esther Kiobel in the US courts against a Shell law firm. We now return to the publication of information about her legal action against Shell in the Netherlands. The numbered paragraphs below are extracted from the 138 page Writ served on multiple Royal Dutch Shell companies on 28 June 2017. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

Extracts begin

8.8 Shell Nigeria Shell operated as a single entity

8.8.1 Introduction read more

Esther Kiobel US Court battle for 100,000 Shell docs continues

Esther Kiobel with legal team and supporters in front of the US Supreme Court in Washington DC, 2012 © Private

Extracts: Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. 

Petitioner has already waited over twenty years for a forum that will hear her claims for her husband’s execution. At this point, Petitioner’s co-plaintiffs in the Dutch litigation face increasingly fragile health, and now fear that “further delaying litigation in the Netherlands might impede their ability to bring their claim in the future.”

By John Donovan

Several months ago, a US Federal Judge Alvin K. Hellerstein after carefully considering arguments made by the involved parties ordered Shell’s US lawyers Cravath, Swaine & Moore to give Esther Kiobel access to more than 100,000 Shell discovery documents for use in the Dutch courts. Dutch proceedings against Shell commenced on 28 June 2017.

The Shell internal documents were assembled for Esther Kiobel’s thwarted US action against the oil giant which commenced over a decade ago. That litigation ended with a US Supreme Court decision that she could not bring a human rights claim against Shell in the US for alleged misdeeds committed in Nigeria, including involvement in the judicial murder of the ‘Ogoni 9′. Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. read more

Kiobel Writ: Ogoni 9 trial – Shell deception and machination

While Shell publicly stated that it was trying to persuade the regime to abandon the trial using quiet diplomacy, in reality it continued supporting the regime, while negotiating new projects. It also continued actively involving itself in the course of events during the trial.

By John Donovan

The numbered paragraphs below are extracted from the 138 page Esther Kiobel Writ served on multiple Royal Dutch Shell companies on 28 June 2017. More information about the litigation, this time in the Dutch Courts, is provided after the extracts. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

OGONI 9 TRIAL

Extracts begin

8.7 Shell, knowing how the trial would end, allowed its commercial interests to prevail over the fate of the Ogoni 9

315. Through its close involvement with the case and with the regime Shell knew at an early stage that the suspects would not have a fair trial. In July 1995, more than three months before the tribunal was to pass judgment, Anderson reported on a conversation he had had with President Abacha: read more

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