Thread by @MarkDummett

1/ A Dutch court today hears the first arguments in an historic case against #Shell, in which the oil giant stands accused of instigating a raft of human rights violations committed by the Nigerian government in the 1990s. amnesty.org/en/latest/news…

2/ Esther Kiobel, Victoria Bera, Blessing Eawo and Charity Levula are suing Shell over its role in the unlawful arrest, detention and execution of their husbands by the Nigerian military.

3/ This followed a brutal crackdown on protests by the Ogoni people against Shell’s devastating pollution of the region.

4/ Barinem Kiobel, Baribor Bera, Nordu Eawo and Paul Levula were hanged in 1995, alongside five other men, including protest leader Ken Saro Wiwa.

5/ Their widows are now demanding compensation and a public apology from Shell. Full background on the case here: amnesty.org/en/documents/a…

This hearing is important not only for the individuals involved but also because of the message it sends to Shell and other corporations around the world: no matter where and when they took place, you have to answer for your involvement in human rights violations

The hearing starts with declaration by the two plaintiffs who made it to court: Esther Kiobel and Victoria Bera. Other 2 denied visas so not here.

Esther first: We all have lived with so much pain and agony, but rather than giving up, the thought of how ruthlessly my husband was killed…has spurred me to remain resilient in my fight for justice.

Esther Kiobel: l have been fighting for justice since 22yrs now. Your Honor: l plead, with this case l seek justice for my murdered husband so that he can be exonerated from a crime he never committed. l seek justice against the oppressor

Victoria Bera speaking now. Very emotional. Like Esther, fighting back tears, remembering her husband, describing events of mid 1990s

Victoria: The pain I’ve been through, the pain I’ve living in these years doesn’t seem to go away, no matter what I do.

Victoria: Especially when l look at my son, who had to grow up without a father. The memories stay fresh in my mind and refuse to go away.

The most difficult situation was raising my son by myself, who would wake up every day in the morning and ask “mommy where is my dad”? - Victoria Bera

Your honours, my son need justice, I need justice, especially for my son. I need justice for my people.

Now hearing the first legal arguments from Esther and Victoria's lawyer @channasamkalden: Why this court has jurisdiction over the case

- Shell argues that case is time barred, but there's no statute of limitations for human rights violations. Also delay to case result of practical challenges faced by plaintiffs, including trauma, and forced to become refugees

Now onto merits of the case. Lawyer Tom De Boer making case that Shell incited the Nigeria regime, insisted regime take action, provided information, provided finances and logistics…#Kiobel #Shell

citing documents and letters sent by Shell to Nigerian regime, asking for "assistance"

Now citing minutes of meetings between Shell Nigeria chair Brian Anderson and then Nigerian president, Abacha, who unleashed military crackdown on Ogonis ("Operation Restore Order") and ordered execution of Saro-Wiwa and Ogoni 9

Lawyer describing how Shell had network of informants, sent agents incognito into Ogoniland, had daily contacts with state security service

Now describing payments to Nigerian army chief Okuntimo

cites this document

2 witnesses at Ogoni 9 trial said Shell representative was present when they were offered bribes to testify for the prosecution.

now onto company structure - essentially making point that Shell operated as one entity. Shell Nigeria not acted independently of parent companies in NL and UK.

Lawyer now arguing for @shell to release 1000 docs/evidence that company claims is confidential.

Now, after lunch break, Shell's lawyer gets chance: Defendants are not responsible…and justice is not served if they are held responsible for actions of others

Shell's lawyer says allegations are "far fetched", "unsubstantiated", "incorrect". Shell "was always outspoken against violence."

Shell lawyer arguing that Ken Saro Wiwa deliberately challenged Shell so as to get international attention. Says Shell does not interfere as matter of principle.

Now, as expected, Shell challenging case on procedural grounds/jurisdiction. Events took place too long ago, in Nigeria. "This case does not belong in a Dutch court."

Judge orders break as Esther starts sobbing. Despite some dry legal arguments the emotions are raw.

Shell's lawyer has wrapped up. The judges are now asking questions about procedure and we're all trying to get our heads around the intricacies of Nigerian law...

Lawyer for Esther and Victoria pushing again for court to order release of 1000 documents marked confidential by Shell. Not conceivable that these all relate to personal or medical data...

In answer to question: What should Shell have done? @channasamkalden argues that the company should have publicly called for Nigerian regime to respect human rights, right to fair trial etc.

Judge asks whether Shell really would have achieved anything by doing this? Did they have such leverage?

Lawyer Tom de Boer adds (I paraphrase): what if Shell had not acted the way it had done, pointing out where there were protests and asking for regime to act etc, perhaps regime would not have blamed MOSOP in the first place? Also, evidence shows Shell did have leverage

Wrapping up, Shell lawyer again argues that this case should be time barred.

(lawyer then seems to get lost in her notes...)

Judge's final comments: our next step is to render judgement...could be final or interim judgement. You've given us lots to think about. That will be 8 May. We will pronounce judgment at 10 am.

that's that. what a day.

Team @amnesty @amnestynl with Victoria and Esther. Already making plans for 8 May.