Family Lawsuits Against Royal Dutch Shell
Beginning in 1996, the Center for Constitutional Rights (CCR), EarthRights International (ERI), Paul Hoffman of Schonbrun, DeSimone, Seplow, Harris & Hoffman and other human rights attorneys have brought a series of cases to hold Shell accountable for alleged human rights violations in Nigeria, including summary execution, crimes against humanity, torture, inhumane treatment and arbitrary arrest and detention. The lawsuits are brought against Royal Dutch Shell and Brian Anderson, the head of its Nigerian operation.
The cases were brought under the Alien Tort Statute, a 1789 statute giving non-U.S. citizens the right to file suits in U.S. courts for international human rights violations, and the Torture Victim Protection Act, which allows individuals to seek damages in the U.S. for torture or extrajudicial killing, regardless of where the violations take place.
The United States District Court for the Southern District of New York set a trial date of June 2009. On 9 June 2009 Shell agreed to an out-of-court settlement of $15.5 million USD to victims' families. However, the company denied any liability for the deaths, stating that the payment was part of a reconciliation process. In a statement given after the settlement, Shell suggested that the money was being provided to the relatives of Saro-Wiwa and the eight other victims, in order to cover the legal costs of the case and also in recognition of the events that took place in the region. Some of the funding is also expected to be used to set up a development trust for the Ogoni people, who inhabit the Niger Delta region of Nigeria. The settlement was made just days before the trial, which had been brought by Ken Saro-Wiwa's son, was due to begin in New York.
Read more about this topic: Ken Saro-Wiwa
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