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THE GUARDIAN: Dutch court favours widows of Ogoni Nine in case vs Shell

Esther Kiobel (center) and Victoria Bera (right) with their lawyer Channa Samkalden for the verdict at the court in The Hague. Photo: Bart Hoogveld for the FD By Editor: 02 May 2019   |   4:20 pm

A Dutch court ruled that it has jurisdiction to hear a damages suit brought against Royal Dutch Shell by four widows of the Ogoni Nine, environmental activists executed by the Nigerian government in 1995.

The four widows accuse Shell of being complicit in a crackdown by the government against peaceful protesters in Ogoniland, in the Niger Delta.

The judges at the Hague District Court said they will allow the suit to go forward, though the claimants must still prove their case against Shell. Shell denies wrongdoing in the case that has gone on for decades. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Chilling similarities between the OPL 245 and Ogoni 9 litigation

Esther Kiobel and John Donovan, 28 April 2019, days before a Dutch court ruled in favour of Esther and her co-plaintiffs in an action against Shell allowing their case to proceed

By John Donovan

In 1996, Shell used the sinister specialist services of what could be described as an in-house spying resource set up by former MI6 officers, Hakluyt & Company Limited with titled Shell directors acting as the ultimate spymasters.

At that time, Sir William Purves was Chairman of Hakluyt & Company Limited and Sir Peter Holmes, a former Chairman of Shell, was President of the Hakluyt Foundation. Both were also major shareholders in the corporate spy outfit, while also being Shell directors.

Hakluyt was allegedly set up to carry out “deniable” corporate espionage operations.

A German-born secret service agent Manfred Schlickenrieder working undercover for Hakluyt was sent to Nigeria on a mission relating to allegations of environmental damage caused by Shell’s oil drilling in Ogoniland.

Extracts from a related front-page article published by The Sunday Times in 2001 under the headline MI6 ‘Firm’ Spied on Green Groups:

Schlickenrieder sometimes posed as a left-wing sympathizer and documentary filmmaker.

He also tried to dupe Anita Roddick’s Body Shop group to pass on information about its opposition to Shell drilling for oil in a Nigerian tribal land.

His company was a one-man band with a video camera making rarely seen documentaries.

He made a film on Shell in Nigeria called Business as Usual: the Arrogance of Power, during which he interviewed friends of Ken Saro-Wiwa, the Nobel prize nominee, who was hanged by the military regime in 1995 after leading a campaign against oil exploration. Schlickenrieder sent a letter to a Body Shop executive saying he had been researching the activities of Shell in Nigeria…

Fouad Hamdan, communications director of Greenpeace Germany, said: “The bastard was good, I have to admit. “He got information about our planned Atlantic Frontier campaign…”  He added: “Manfred filmed and interviewed all the time…”

The Sunday Times article is short on dates and information about what Shell’s undercover agent was up to in Nigeria, but it was at a time when litigation was being contemplated against Shell by relatives of Ken Saro Wiwi and Ogoni Nine widows.

Perhaps information about the purpose and timing of his spying mission in Nigeria will be contained in the confidential Shell internal documents the Dutch Court has ordered to be handed over to Esther Kiobel and her co-plaintiffs. Sight of his briefing by Shell/Hakluyt could be very revealing.

Part of the Kiobel & Co Dutch case against Shell relates to alleged Shell bribing of witnesses in the Ogoni Nine trial, which ended with the hanging of all nine individuals, including Ken Saro-Wiwi and the beloved husband of Esther Kiobel, Dr Barinem Kiobel.

Salient extracts from the Wikipedia article “Ogoni Nine”

The executions provoked international condemnation and led to the increasing treatment of Nigeria as a pariah state

At least two witnesses who testified that Saro-Wiwa was involved in the murders of the Ogoni elders later recanted, stating that they had been bribed with money and offers of jobs with Shell to give false testimony – in the presence of Shell’s lawyer.

Shell’s close association with former MI6 people has continued through the years. They always seem to be lurking in the shadows.

I am in possession of irrefutable evidence that an ex MI6 man Ian Forbes McCredie,  hired by Shell to be head of Shell Global Security, was also part of Hakluyt & Company.

More recently, Ben van Beurden, the current Chief Executive of Royal Dutch Shell Plc mentioned in a telephone conversation that Shell had hired former MI6 people in connection with the OPL 245 oil deal. He did not know that the conversation was being covertly recorded by OPL 245 investigative authorities.

Two of the defendants in the current OPL 245 criminal $1.3bn  corruption trial against Shell in Italy are indeed former MI6 agents; namely John Copleston and Guy Colegate.

Would someone kindly explain how any of this sinister and unscrupulous activity is compatible with Shell’s claimed core business principles, including honesty, integrity and transparency?

ARTICLE ENDS

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) As Esther generously said on 28 April 2019, the Dutch case would not have happened without the help of John Donovan.  read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

DUTCH FD: Judges ask Nigerian widows for more evidence in Shell case

The four widows claim that the Shell operating company has bribed eight witnesses. Those witnesses are said to have played an important role in the conviction, and thus have the death of their spouses partly on their conscience. Shell has always denied this. So the judge wants more evidence that the eight people have been bribed. “That could be done by hearing witnesses, for example.”

Printed below is an English translation of an article published today by the Dutch FT, Financieele Dagblad.

Carel Grol

Four Nigerian widows who litigate against Shell RDSA € 28.48 + 1.24% must provide tougher evidence. The court in The Hague ruled on that on Wednesday morning.

The Nigerian women Esther Kiobel (m) and Victoria Bera with their lawyer Channa Samkalden for the verdict at the court in The Hague. They are two of the widows who take Shell to court for the executions of their husbands in 1995. Photo: Bart Hoogveld for the FD

The case revolves around the execution of nine men from the Ogoni tribe in 1995. Widows of four of them are going to trial against Shell. The oil company is said to have conspired with the Nigerian state and to be partly responsible for the death of the nine men, the women claim. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

DUTCH FD: Esther Kiobel continues to fight for her hanged husband

Barinem was hanged in November 1995. He had spoken out against the enormous pollution of Ogoniland, an area in southeastern Nigeria where Shell won oil. Eight others were hanged with him, including writer Ken Saro Wiwa. They were called the Ogoni 9.

Printed below is an English translation of an article published today by the Dutch FT, Financieele Dagblad.

Nigerian Esther Kiobel (center) and Victoria Bera (right) with their lawyer Channa Samkalden for the verdict at the court in The Hague. Photo: Bart Hoogveld for the FD

Carel Grol

Esther Kiobel is a combative grandmother. And happy, too. In fact, she feels “great” in the wide and high corridor on the second floor of the palace of justice in The Hague.

She has just heard that the Dutch court is handling her case. The trial that she and three other ladies, all widowed, filed against Shell. It is an intermediate step in her search for justice that has been going on for more than two decades and takes place on three continents. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

THE GUARDIAN: Dutch court will hear widows’ case against Shell over deaths of Ogoni Nine

Esther Kiobel, right, and Victoria Bera, centre, whose husbands were among nine men killed in Nigeria in 1995, with their lawyer Channa Samkalden after the hearing in The Hague. Photograph: Robin van Lonkhuijsen/EPA

Wed 1 May 2019

A Dutch court has ruled that it has jurisdiction to determine whether Royal Dutch Shell was complicit in the Nigerian government’s execution of the Ogoni Nine, environmental protesters who fought against widespread pollution in the Niger Delta.

In a 50-page ruling hailed by campaigners as an “important precedent” for global human rights cases, judges at The Hague’s district court said on Wednesday that they would allow the case to go forward, also indicating that the claimants – widows of four of the activists – would be able to bring further evidence to prove their case. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

TIMELINE of Shell’s operations in Nigeria

LONDON, Sept 23 (Reuters) – Royal Dutch Shell pioneered Nigeria’s oil and gas industry and remains a major investor in the West African country. But over the decades it has come under fire over spills in the Delta region and struggles with oil theft, corruption and oil-fueled violence.

Following are some of the highlights of Shell’s history in Nigeria:

1936 – The Royal Dutch Shell Group establishes a Nigerian venture with the precursor company of BP Plc. The first shipment of oil from Nigeria takes place in 1958. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Extraordinary decision by U.S. Appeals Court in Kiobel v Royal Dutch Shell litigation

By John Donovan

The United States Court of Appeals for the Second Circuit has refused to reconsider its extraordinary decision barring a Nigerian activist widow Esther Kiobel, from obtaining Royal Dutch Shell discovery documents from a U.S. case, held by Cravath Swaine & Moore LLP, for litigation she is pursuing against the oil and gas giant in the Dutch courts.

Her husband, Dr. Barinem Kiobel, was one of the “Ogoni 9,” executed by the then Nigerian military regime on false charges. Esther Kiobel holds Shell complicit in his hanging. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

“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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Amnesty International demands criminal investigation of Shell’s complicity in murder

Esther Kiobel poses with a picture of her late husband Dr. Barinem Kiobel one of nine men executed by Nigeria’s military government after a peaceful uprising in 1995 against Shell’s widespread pollution in Ogoniland. Photograph: Amnesty International

Multiple news stories: Amnesty International demand criminal investigation of Shell complicity in Nigerian murder, torture and rape

The Guardian: Amnesty seeks criminal inquiry into Shell over alleged complicity in murder and torture in Nigeria

Extract: Amnesty International is calling for a criminal investigation into the oil giant Shell regarding allegations it was complicit in human rights abuses carried out by the Nigerian military. Amnesty is urging the UK, Nigeria and the Netherlands to consider a criminal case against Shell in light of evidence it claims amounts to “complicity in murder, rape and torture” – allegations Shell strongly denies. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Investigate Shell for complicity in murder, rape and torture says Amnesty International

Massive cache of internal documents and other evidence points to Shell’s complicity in horrific crimes committed by the Nigerian military in the 1990s

–      New Amnesty International report calls for a criminal investigation

Amnesty International is calling on Nigeria, the UK and the Netherlands to launch investigations into Anglo-Dutch oil giant Shell, over its role in a swathe of horrific crimes committed by the Nigerian military government in the oil-producing Ogoniland region in the 1990s.

The organization has released a ground-breaking review of thousands of pages of internal company documents and witness statements, as well as Amnesty International’s own archive from the period.

The Nigerian military’s campaign to silence the Ogoni people’s protests against Shell’s pollution led to widespread and serious human rights violations, many of which also amounted to criminal offences. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com
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