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Prakken d’Oliveira

Channa Samkalden reflects on the successful lawsuit against Shell in the Netherlands over oil pollution in Nigeria

1 Mar 2021: Author: Channa Samkalden, Prakken d’Oliveira

Lawyers’ insights on corporate legal accountability: Channa Samkalden, Prakken d’Oliveira, Netherlands

Channa Samkalden reflects on the decision of the Hague Court of Appeals in the lawsuit against Shell in the Netherlands regarding oil pollution in Nigeria.

1.Why is this case important?

The case is important because it was one of the first cases to argue parent company liability – and (as far as I know) it became the first where a parent company duty of care for the activities of a subsidiary abroad was indeed established. Oil pollution in the Niger Delta has been an immense problem for decades – and Shell has never really been held accountable for it. A crucial first step was taken in 2015 when the Court of Appeal of The Hague confirmed the jurisdiction of the Dutch courts and opened the route to justice for the Nigerian farmers and Friends of the Earth. Five years later the court concluded that Shell Nigeria must pay compensation and that Royal Dutch Shell must see to it that a Leak Detection System is installed on the Nigerian pipeline. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Shell’s past sins in Nigeria catching up with the oil giant at last

Shell’s past sins in Nigeria catching up with the oil giant at last

The recent UK Supreme Court judgement represents a major defeat for Shell after decades of evading legal retribution for its evil plunder and pollution in Nigeria.  

The crusading solicitors Leigh Day (London) – the scourge of errant corporations, brought the action against Shell on behalf of Nigerian communities impacted over many years by Shell’s horrific environmental legacy in Nigeria. 

My help was sought by Leigh Day in bringing the action after Leigh Day discovered “invaluable” information on my website royaldutchshellplc.com.  read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Nigerian farmers take on Shell in landmark oil spill case

Nigerian farmers take on Shell in landmark oil spill case

AGENCE FRANCE-PRESSE

Anglo-Dutch oil giant Shell faces a case over 3 spills which occurred in the 2000s around the southeastern Nigerian villages of Goi, Oruma, and Ikot Ada Udo

Lawyers for 4 Nigerian farmers accused Anglo-Dutch oil giant Shell on Thursday, October 8, of causing widespread pollution in a landmark court case filed in the Netherlands.

The farmers first filed suit in 2008, demanding Shell clean up devastating oil spills in 3 villages in the Niger Delta, prevent further pollution, and pay compensation. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Nigerian farmers take on Shell in landmark oil spill case

Nigerian farmers take on Shell in landmark oil spill case

Lawyers for four Nigerian farmers accused Anglo-Dutch oil giant Shell on Thursday of causing widespread pollution in a landmark court case filed in the Netherlands.

The farmers first filed suit in 2008, demanding Shell clean up devastating oil spills in three villages in the Niger Delta, prevent further pollution and pay compensation.

Two of the farmers have since died, as Shell spent years arguing that the case, backed by Dutch environment group Milieudefensie, should not be heard in the Netherlands. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Litigation: KIOBEL AND OTHERS V SHELL

Esther Kiobel and Victoria Bera sit with their lawyer as a Dutch court hears the first arguments in an historic case against Shell, in which the oil giant stands accused of instigating a raft of horrifying human rights violations committed by the Nigerian government against the Ogoni people in the 1990s, on February 12, 2019 in The Hague, Netherlands. © Pierre Crom/Getty Images

 KIOBEL AND OTHERS V SHELL

Shell’s operations in the Niger Delta were first, and most effectively, put under the spotlight in the 1990s by Ken Saro-Wiwa, an acclaimed Nigerian writer. Saro-Wiwa led a community organisation in his home area, Ogoniland, called the Movement for the Survival of the Ogoni People (MOSOP). MOSOP said that while outsiders had grown rich on the oil that was pumped from under their soil, pollution from oil spills and gas flaring had, “led to the complete degradation of the Ogoni environment, turning our homeland into an ecological disaster.”10 read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

OPL 245: Shell CEO Ben van Beurden in the firing line

In September 2017, four foreign NGOs filed a declaration in the Netherlands against Shell, Van Beurden and three (former) directors. According to lawyer Barbara van Straaten of the law firm Prakken d’Oliveira, this declaration was added to the current investigation by the Public Prosecution Service.: Almost a year ago, Shell itself filed a statement against former director Peter Robinson. According to the group, the Australian would have been guilty of corruption in Nigeria. Robinson is one of the four former Shell employees who stand trial in Milan. Justice in the US and stock market watchdog SEC were also informed.

English translation of a Dutch article published today by ncr.nl

The question is: did Shell know that the money ended up with the politicians?

Corruption The bulk of the purchase price for the Nigerian oil field OPL 245 ended up in the pockets of politicians. Justice thinks it has enough evidence to prosecute Shell.

Hester van SantenErik van der Walle: 1 March 2019 at 1:00

Shell is being prosecuted in the Netherlands because of possible corruption in Nigeria. The oil and gas company announced on Friday morning that it has been informed about this by the Public Prosecution Service (OM). According to a spokesperson for the Public Prosecution Service, “offences” have been committed and there is “enough to prosecute”. The spokesman states that the investigation has almost been completed. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

“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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

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

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Shell says ‘no basis’ for prosecution over Nigerian licence deal

Oil major Shell has said there is “no basis” for prosecuting the company or former senior management over a deal for a Nigerian oil licence.

Written by

Dutch human rights lawyers have submitted a criminal complaint against Shell and some of its former directors over the 2011 purchase of OPL 245 from Malabu Oil and Gas.

Law firm Prakken d’Oliveira has revealed that it filed a complaint in September on behalf of campaign group Global Witness, among others.

The complaint is directed at Shell, former directors Peter Voser and Simon Henry – and current chief executive Ben van Beurden.

Prakken d’Oliveira is urging public prosecutors to investigate allegations of corruption and money-laundering. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Law firm seeks criminal case against Shell and its CEO over Nigeria deal

Libby George: DECEMBER 5, 2017

LONDON (Reuters) – A Dutch law firm has asked the public prosecutor in the Netherlands to file a case against Royal Dutch Shell, its CEO and former executives of over what it says were criminal actions relating to a 2011 oilfield purchase in Nigeria.

The Dutch authorities are already investigating the oilfield deal, alongside Italian prosecutors, who want to take Shell and Italy’s Eni to trial over alleged corruption on the same oilfield.

Shell and Eni have denied any wrongdoing. Shell said on Tuesday it did not believe there was any basis to prosecute the company or any current or former employee. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.
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