US Federal Judge Won't Let Shell Off the Hook

For Immediate Release

Contacts:

David Lerner: 212-260-5000

Judith Chomsky: 215-635-4006 or 215-782-8367

Jennifer Green: 212-614-6431 or 347-489-0370

New York (February 27, 2002) -- The U.S. District Court for the Southern District of New York refused to dismiss two lawsuits charging Royal Dutch Petroleum Company, Shell Transport and Trading Company, p.l.c. (Royal Dutch/Shell) and the former head of its Nigerian subsidiary, Brian Anderson, with human rights violations against activists Ken Saro-Wiwa and John Kpuinen. District Judge Kimba Wood signed the opinion late last week.

The first lawsuit alleges that the defendants, Royal Dutch Petroleum Company and Shell Transport and Trading Company, p.l.c., corporate parent companies of Shell Oil, played a role in the detention, trial and subsequent hanging of the two activists as well as other human rights abuses. The relatives of Saro-Wiwa and Kpuinen brought the additional case against Brian Anderson, the former head of the Shell Petroleum Development Company.

According to the Court's decision, the plaintiffs can now proceed to proving Shell's participation with Nigerian dictator Abacha, in human rights violations. The complaints point to links between Shell and the military regime, which show the degree of influence the corporate oil giant, had on Nigerian policy.

The case, which was brought under the Alien Tort Claims Act and the Torture Victim Protection Act, by New York- based Center for Constitutional Rights (CCR) and Washington professor, Julie Shapiro was originally filed in 1996 on behalf of surviving relatives of the two activists. The case was then amended in 1997 to include plaintiff, Jane Doe, who said she was attacked after peacefully protesting the bulldozing of her land by Shell.

"From calling in the military to suppress peaceful demonstrations at Shell sites, to bribing witnesses at the trial of Ken Saro-Wiwa and John Kpuinen, Shell had direct involvement in human rights violations against the Ogoni people. Any company that profit from crimes against humanity should be brought to justice. When they do business in the US, they should be made to answer for their actions in U. S. courts," Judith Chomsky, CCR cooperating attorney.

Ken Saro-Wiwa was the leader of the Movement for Survival of Ogoni People (MOSOP) and John Kpuinen was the Deputy President of MOSOP's youth wing, the National Youth Council of Ogoni People (NYCOP). They, along with seven other MOSOP activists, were killed after a (sham) trial based on fabricated charges. Human rights groups and political leaders around the world condemned the lack of due process, as well as the executions.

Internationally renowned Ken Saro-Wiwa and Ogoni youth leader John Kpuinen, were hanged in Port Harcourt, Nigeria. They were killed because of their challenges to the military dictatorship of Sani Abacha and to Shell's role in human rights violations, including environmental destruction.

"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. This is an important victory for victims of human rights violations around the world," said Jennifer Green, CCR staff attorney.

Additional counsel on the cases includes EarthRights International.

###

• 107 Energy
• 116 Human Rights