{"id":10993,"date":"2017-06-29T00:22:22","date_gmt":"2017-06-29T00:22:22","guid":{"rendered":"https:\/\/www.amnesty.org\/en\/latest\/news\/2017\/06\/shell-complicit-arbitrary-executions-ogoni-nine-writ-dutch-court\/"},"modified":"2022-08-08T14:40:50","modified_gmt":"2022-08-08T13:40:50","slug":"shell-complicit-arbitrary-executions-ogoni-nine-writ-dutch-court","status":"publish","type":"post","link":"https:\/\/www.amnesty.org\/en\/latest\/press-release\/2017\/06\/shell-complicit-arbitrary-executions-ogoni-nine-writ-dutch-court\/","title":{"rendered":"Nigeria: Shell complicit in the arbitrary executions of Ogoni Nine as writ served in Dutch court"},"content":{"rendered":"\n<ul class=\"wp-block-list\">\n<li><em>New case could put an end to decades of impunity for Shell<\/em><\/li>\n<li><em>Esther Kiobel has fought for justice for her husband for more than twenty years <\/em><\/li>\n<\/ul>\n\n\n\n<p>Oil giant Shell stands accused of complicity in the unlawful arrest, detention and execution of nine men who were hanged by Nigeria\u2019s military government in the 1990s, Amnesty International can reveal today, following the launch of an explosive new case against the company in the Netherlands over four of the executions.<\/p>\n\n\n\n<p>The civil case has been brought by Esther Kiobel, the widow of Dr Barinem Kiobel, and three other women. Esther Kiobel has pursued Shell for 20 years over the death of her husband. He was hanged in 1995 along with the writer and human rights activist Ken Saro-Wiwa, and seven other men, collectively known as the Ogoni Nine. At the time the executions sparked a global outcry.\u00a0<\/p>\n\n\n<blockquote class=\"blockquote is-lined\"><p>\u201cToday is a watershed moment in Esther Kiobel\u2019s uphill battle for justice. Shell has to answer for the bloody footprints it left all over Ogoniland.\u201d<\/p>\n<cite>Audrey Gaughran, Senior Director of Research at Amnesty International<\/cite><\/blockquote>\n\n\n<p>Esther Kiobel accuses Shell of complicity in the unlawful arrest and detention of her husband; the violation of his personal integrity; the violation of his right to a fair trial and his right to life, and her own right to a family life. Amnesty International supported Esther\u2019s legal team to bring the case to the Netherlands, and has released a new briefing,<a href=\"https:\/\/www.amnesty.org\/en\/documents\/afr44\/6604\/2017\/en\/\"> <em>In The Dock<\/em><\/a>, detailing the role played by Shell in the executions.<\/p>\n\n\n\n<p>\u201cThe executions of the Ogoni Nine shocked the world. Shell has been dodging accountability for its complicity in these deaths for more than twenty years but now, thanks to Esther Kiobel\u2019s determination and bravery in taking on this corporate Goliath, the past is finally catching up with it,\u201d said Audrey Gaughran,\u00a0 Senior Director of Research at Amnesty International.<\/p>\n\n\n\n<p>\u201cToday is a watershed moment in Esther Kiobel\u2019s uphill battle for justice. Shell has to answer for the bloody footprints it left all over Ogoniland.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">A brutal campaign<\/h3>\n\n\n\n<p>The executions were the culmination of a brutal campaign by Nigeria\u2019s military to silence the protests of the Movement for the Survival of the Ogoni People (MOSOP), led by Ken Saro-Wiwa. MOSOP said that others had grown rich on the oil that was pumped from under their soil, while pollution from spills and gas flaring had \u201c<em>led to the complete degradation of the Ogoni environment, turning [their] homeland into an ecological disaster<\/em>.\u201d In January 1993, MOSOP declared that Shell was no longer welcome to operate in Ogoniland.<\/p>\n\n\n<blockquote class=\"blockquote is-lined\"><p>\u201cShell encouraged the government to stop Ken Saro-Wiwa and MOSOP, knowing this was highly likely to result in human rights violations being committed against them.<\/p>\n<cite>Audrey Gaughran<\/cite><\/blockquote>\n\n\n<p>The military authorities responded to the MOSOP protests with force, committing numerous serious human rights violations including killings, torture and rape.<\/p>\n\n\n\n<p>Stopping protests was a major concern for both Shell and the Nigerian government, who were business partners in operating wells across the Niger Delta. At the time of the executions Shell was by far the most important company operating in Nigeria. It pumped almost one million barrels of crude oil a day, roughly half of Nigeria\u2019s total daily oil production. Nigeria\u2019s oil exports made up some 96% of the country\u2019s foreign earnings.<\/p>\n\n\n\n<p>\u201cShell encouraged the government to stop Ken Saro-Wiwa and MOSOP, knowing this was highly likely to result in human rights violations being committed against them. Shell had plenty of evidence that the Nigerian military was responding to the Ogoniland protests with abuse,\u201d said Audrey Gaughran.<\/p>\n\n\n\n<p>Just weeks before the men were arrested the Chairperson of Shell Nigeria had met with then-president General Sani Abacha, and raised \u201c<em>the problem of the Ogonis and Ken Saro-Wiwa\u201d<\/em>. This was not the first time Shell had engaged with military and security forces to frame the Ogoni protests as a \u201cproblem\u201d. Shell also repeatedly reminded the authorities of the economic impacts of the MOSOP protests.\u00a0<\/p>\n\n\n\n<p>\u201cShell was reckless in raising Ken Saro-Wiwa and MOSOP as a problem, significantly exacerbating the risk to Saro-Wiwa and those linked to MOSOP. Shell knew full well that the government regularly violated the rights of those linked to MOSOP and that it had targeted Saro-Wiwa,\u201d said Audrey Gaughran.<\/p>\n\n\n\n<p>\u201cEven after the men were jailed, suffering from mistreatment and facing an unfair trial and the likelihood of execution, Shell continued to discuss ways to deal with the \u201cOgoni problem\u201d with the government rather than expressing concern over the fate of the prisoners. Such conduct cannot be seen as anything other than endorsement and encouragement of the military government\u2019s actions.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">A devastating injustice<\/h3>\n\n\n\n<p>Esther Kiobel is bringing a civil case along with Victoria Bera, Blessing Eawo and Charity Levula, whose husbands were executed along with Barinem Kiobel. The claimants are demanding damages for harm caused by Shell\u2019s unlawful actions, and a public apology for the role that Shell played in the events leading to the deaths of their husbands.<\/p>\n\n\n\n<p>In May 1994, four Ogoni chiefs known to be opponents of MOSOP were murdered. Without presenting any evidence, the government blamed MOSOP and arrested scores of people, including Ken Saro-Wiwa and Barinem Kiobel. Kiobel was not a member of MOSOP, but had a senior government position and had been critical of the military\u2019s actions in Ogoniland.<\/p>\n\n\n\n<p>He said he had tried to stop the murders \u2013 a version of events that was supported by evidence presented at the trial. Amnesty International considered Ken Saro-Wiwa and Barinem Kiobel Prisoners of Conscience, detained and ultimately killed for their peacefully held views.<\/p>\n\n\n\n<p>After the arrests, at least two prosecution witnesses came forward to say that they had been bribed by the government to incriminate the accused, including with offers of jobs at Shell, and that Shell\u2019s lawyer was present when they were bribed. Shell has always denied these claims.<\/p>\n\n\n<blockquote class=\"blockquote is-lined\"><p>Esther Kiobel has lived in the shadow of this injustice for more than twenty years, but she has refused to let Shell silence her.<\/p>\n<cite>Channa Samkalden, Esther Kiobel&#x27;s lawyer<\/cite><\/blockquote>\n\n\n<p>Many of the Ogoni men arrested on suspicion of involvement in the murder of the four chiefs suffered repeated torture and other ill-treatment while detained. Even after the start of the trial, the military commander responsible for the incarceration allowed consultations between defendants and their lawyers only by prior arrangement with him, and usually only in his presence.<\/p>\n\n\n\n<p>Relatives said they were assaulted by soldiers when trying to visit the defendants.<\/p>\n\n\n\n<p>Esther Kiobel has alleged that, while visiting her husband in prison, she was assaulted by a military commander and spent two weeks in detention where she was denied food and water.<\/p>\n\n\n\n<p>On 30-31 October 1995, the Ogoni Nine were convicted and sentenced to death. At the time <a href=\"https:\/\/www.amnesty.org\/en\/documents\/afr44\/020\/1995\/en\/\">Amnesty International and others raised serious concerns<\/a> about the trial, describing it as politically motivated and biased. A British criminal lawyer who observed the trial said he believed<em> \u201cthat the Tribunal first decided on its verdict and then sought for arguments to justify them. No barrel was too deep to be scraped<\/em>.\u201d He also said that the evidence was consistent with the claim that Barinem Kiobel was trying to stop the violence.<\/p>\n\n\n\n<p>On 10 November the men were hanged and their bodies dumped in an unmarked grave.<\/p>\n\n\n\n<p>\u201cEsther Kiobel has lived in the shadow of this injustice for more than twenty years, but she has refused to let Shell silence her. Today her voice rings out on behalf of so many others whose lives have been devastated by the oil industry in Nigeria,\u201d said Channa Samkalden, Esther Kiobel\u2019s lawyer.<\/p>\n\n\n\n<p>\u201cThe stakes in this case could not be higher &#8211; it could put an end to decades of impunity for Shell, whose name has become synonymous with the power of big corporations to trample over human rights without fear of retribution.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">A dangerous relationship<\/h3>\n\n\n\n<p>Internal Shell documents seen by Amnesty International reveal that the company knew that the trial of the Ogoni Nine was unfair, and was informed in advance that Ken Saro-Wiwa was highly likely be found guilty.<\/p>\n\n\n\n<p>Nevertheless, the company maintained a close relationship with the Nigerian government, and even offered to help Ken Saro-Wiwa, if he \u201csoftened his stance\u201d on the company.<\/p>\n\n\n\n<p>Shell made this offer to Ken Saro-Wiwa\u2019s brother in August 1995 when Ken Saro-Wiwa was in military detention. Saro-Wiwa\u2019s brother claims Shell offered to help get his brother freed while Shell says that all the company offered was humanitarian or medical aid.<\/p>\n\n\n\n<p>\u201cShell\u2019s version of events suggests it believed that Ken Saro-Wiwa \u2013 arrested, beaten, facing trumped up charges and an unfair trial that was set to see him sentenced to death &#8211; would be induced to help Shell out in return for some humanitarian aid, said Audrey Gaughran.<\/p>\n\n\n\n<p>\u201cShell\u2019s version is frankly implausible. If true, it reveals a level of corporate self-interest that defies belief.\u201d<\/p>\n\n\n\n<p>Ken Saro-Wiwa rejected Shell\u2019s offer.<\/p>\n\n\n<blockquote class=\"blockquote is-lined\"><p>The dangerous liaison between Shell and the Nigerian government has never been properly investigated<\/p>\n<cite>Audrey Gaughran<\/cite><\/blockquote>\n\n\n<p>After her husband\u2019s death Esther Kiobel fled to Benin in fear for her life, and in 1998 she was granted asylum in the United States, where she still lives.<\/p>\n\n\n\n<p>\u201cThe dangerous liaison between Shell and the Nigerian government has never been properly investigated. Decades after the horrific chain of events that led to the hanging of the Ogoni Nine, there are still huge unanswered questions hanging over Shell,\u201d said Audrey Gaughran.<\/p>\n\n\n\n<p>\u201cIt is time to shine a spotlight into these dark corners of Shell\u2019s past. Nothing can bring back the lives lost but here is a chance to send the message that no company, however big, however powerful, can evade justice forever.\u201d<\/p>\n\n\n\n<p>Amnesty International presented the above allegations to Shell.\u00a0Shell\u2019s global headquarters did not provide a substantive response. <a href=\"http:\/\/tracking.vuelio.co.uk\/tracking\/click?msgid=bSdBkr03fQbxdUqE76YhKQ2&amp;target=https%3a%2f%2famnesty.app.box.com%2fs%2f1378ymgwsq9rkd4gwyzab8qk5ju3nv95%2ffile%2f190580589911&amp;v=LpvE_gIkbqAF9omZDu8_AA2&amp;lc=879706223396569170\">Shell Nigeria stated that:<\/a><\/p>\n\n\n\n<p><em>\u201cThe allegations cited in your letter against [Shell] are false and without merit.\u00a0 [Shell Nigeria] did not collude with the military authorities to supress community unrest and in no way encouraged or advocated\u00a0any act of violence in Nigeria\u2026.We have always denied these allegations in the strongest possible terms.\u201d<\/em><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Background<\/h3>\n\n\n\n<p>Esther Kiobel first filed a case against Shell in New York in 2002, but in 2013 the US Supreme Court ruled that the US did not have jurisdiction, without hearing the substance of the case.<\/p>\n\n\n\n<p>In the 1990s Shell in Nigeria was a wholly owned subsidiary of Royal Dutch\/Shell (they later merged), and its operations were overseen by a management structure known as the Committee of Managing Directors (CMD) based in Europe.<\/p>\n\n\n\n<p><a href=\"http:\/\/www.amnesty.org\/en\/latest\/campaigns\/2017\/06\/one-nigerian-widow-vs-shell\">Find out more about Esther Kiobel&#8217;s story here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>New case could put an end to decades of impunity for Shell Esther Kiobel has fought for justice for her husband for more than twenty years Oil giant Shell stands accused of complicity in the unlawful arrest, detention and execution of nine men who were hanged by Nigeria\u2019s military government in the 1990s, Amnesty International 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Shell complicit in the arbitrary executions of Ogoni Nine as writ served in Dutch court\",\"slug\":\"shell-complicit-arbitrary-executions-ogoni-nine-writ-dutch-court\",\"created\":\"2017-06-29 00:22:22.000\",\"changed\":\"2018-08-06 13:29:21.107\",\"revision\":\"no\",\"version\":\"DFCC66D6-FDF8-41D5-B3C2-5E1E826AEAB8\",\"path\":\"press-releases\\\/2017\\\/06\\\/shell-complicit-arbitrary-executions-ogoni-nine-writ-dutch-court\",\"user\":{\"id\":0,\"login\":\"Administrator\",\"email\":\"foxhound@codecomputerlove.com\",\"role\":\"admin\"},\"terms\":{\"location\":[\"Nigeria\",\"Netherlands\"],\"topic\":[\"Death Penalty\",\"Corporate Accountability\",\"Unlawful Killings\",\"International Justice\",\"Unfair Trials\",\"Impunity\"],\"category\":[\"Press Release\"]},\"siteMetaDescription\":{\"ar\":\"\\u0643\\u0627\\u0646\\u062a \\u0634\\u0631\\u0643\\u0629 \\u0634\\u0644 \\u0648\\u0647\\u064a \\u0634\\u0631\\u0643\\u0629 \\u0644\\u062a\\u0643\\u0631\\u064a\\u0631 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Esther Kiobel, the wife of one of the activists who was executed, is now seeking justice for her husbands death. Read the whole story now.\",\"es\":\"La empresa petrolera Shell fue c\\u00f3mplice en la detenci\\u00f3n y ejecuci\\u00f3n de \\u201cLos nueve ogonis\\u201d en Nigeria. Esther Kiobel, esposa de uno de los activistas ejecutados, pide justicia por la muerte de su esposo. Lee la historia completa.\",\"fr\":\"Le g\\u00e9ant p\\u00e9trolier Shell est accus\\u00e9 de complicit\\u00e9 dans l\\u2019arrestation, la d\\u00e9tention et l\\u2019ex\\u00e9cution ill\\u00e9gales de neuf hommes, pendus par le r\\u00e9gime militaire nig\\u00e9rian dans les ann\\u00e9es 1990, est en mesure de r\\u00e9v\\u00e9ler Amnesty International ce jeudi 29 juin 2017, la multinationale se retrouvant, aux Pays-Bas, au c\\u0153ur d\\u2019une nouvelle affaire explosive concernant quatre de ces ex\\u00e9cutions.\"},\"pressReleaseParentNewsArticleId\":49004,\"author\":284}","document_ref":"","amnesty_updated":"","footnotes":""},"category":[2181],"location":[1983,1781],"resourceType":[2143],"topic":[2069,2076,2102,2100,2101,2119],"class_list":["post-10993","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-press-release","location-netherlands","location-nigeria","resource-type-press-release","topic-corporate-accountability","topic-death-penalty","topic-impunity","topic-international-justice","topic-unfair-trials","topic-unlawful-killings"],"datePosted":"29 June 2017","mlpRelationships":{"1":10993,"4":6685,"8":8339,"9":4467},"_links":{"self":[{"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/posts\/10993","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/comments?post=10993"}],"version-history":[{"count":3,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/posts\/10993\/revisions"}],"predecessor-version":[{"id":105127,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/posts\/10993\/revisions\/105127"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/media\/96232"}],"wp:attachment":[{"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/media?parent=10993"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/category?post=10993"},{"taxonomy":"location","embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/location?post=10993"},{"taxonomy":"resource-type","embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/resourceType?post=10993"},{"taxonomy":"topic","embeddable":true,"href":"https:\/\/www.amnesty.org\/en\/wp-json\/wp\/v2\/topic?post=10993"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}