Lawsuit Against Shell for Human Rights Violations in Nigeria to Proceed

[Guest guest]

FOR IMMEDIATE RELEASE

March 5th, 2002

 

contact:

Richard Herz (202) 466-5188 ext. 4

Marco Simons (202) 466-5188 ext. 5

EarthRights International

www.earthrights.org

 

Lawsuit Against Shell for Human Rights Violations in Nigeria to Proceed

 

 

New York -- A U.S. Federal Court has ruled that a civil lawsuit charging

multinational oil giant Shell with complicity in human rights violations

will go forward. The ruling in Wiwa v. Royal Dutch Petroleum Co. by Judge

Kimba Wood held that Shell Transport and Trading Company and Royal Dutch

Petroleum Company can be held liable in the U.S. for cooperating in the

persecution and execution of environmental activists in Nigeria.

 

" This ruling means that the families of Ken Saro-Wiwa and his Ogoni

colleagues may yet get some measure of justice for the unlawful executions

and other abuses in which Shell was complicit, " said Richard Herz, an

attorney with EarthRights International, a non-profit group that is

co-counsel in the case. " More broadly, it sends a strong message to other

multinational companies that they cannot participate in egregious human

rights abuses with impunity. "

 

Despite widespread international protest, noted Nigerian environmentalist

and writer Ken Saro-Wiwa, youth leader John Kpuinen and seven other Ogoni

activists were hanged by the Nigerian military government on November 10,

1995. The " Ogoni Nine " had opposed Shell's pollution and oil development in

the Niger Delta. In his last statement to the military tribunal that

sentenced him to death, Saro-Wiwa said " Shell is here on trial. The Company

has, indeed, ducked this particular trial, but its day will surely come. "

 

Fulfilling this prophecy, the court refused to dismiss the lawsuit brought

by surviving relatives of Saro-Wiwa and Kpuinen, which alleges that Shell

played a role in the execution of the two men as well as other violations.

The court also refused to dismiss similar claims against Brian Anderson, the

former head of Shell's Nigerian subsidiary, and claims by an additional

plaintiff, who remains anonymous for her safety, alleging that she was

beaten and shot while peacefully protesting bulldozing of her land by Shell.

 

In denying Shell's motion to dismiss the case, the court found that the

alleged actions of Shell and Anderson constituted participation in crimes

against humanity, torture, summary execution, arbitrary detention, and other

violations of international law. The court also found that Anderson could

be sued under the Torture Victim Protection Act, which allows victims of

torture to sue the perpetrators in federal court. Finally, the ruling

allows the plaintiffs' claims under the Racketeer Influenced and Corrupt

Organizations (RICO) Act to proceed, finding that plaintiffs' allegations

that Shell acted in concert with the Nigerian military would constitute

racketeering. The case now proceeds to discovery, where plaintiffs will

have the opportunity to interview Anderson and other Shell employees, and to

review their documents.

 

The plaintiffs are represented by New York-based Center for Constitutional

Rights (CCR), Washington, D.C.-based EarthRights International, Seattle

University law professor Julie Shapiro, and Paul Hoffman. Judith Chomsky, a

CCR Cooperating Attorney, commented today, " Shell had direct involvement in

human rights violations against the Ogoni people. Any company that profits

from crimes against humanity should be brought to justice wherever they are.

When they do business in the U.S., they should be made to answer for their

actions in U.S. courts. " CCR attorney Jennie Green added, " Human rights law

doesn't apply only to governments and individuals; multinational

corporations also must be held accountable when they violate such

fundamental international legal principles. "

 

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Katie Redford, Esq.

EarthRights International

2012 Massachusetts Avenue NW

Washington, DC 20036

tel: 202 466 5188

fax: 202 466 5189

www.earthrights.org