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Kiobel v. Shell: Esther Kiobel et al. v. Royal Dutch Petroleum Company et al.
Decision, 17 Sep 2010, Court of Appeals for the Second Circuit, Unites States of America, United States
The Shell Petroleum Development Company of Nigeria Limited was involved in extracting and development of oil in the Ogoni region of Nigeria. Concerned over the devastating environmental impact that Shell’s activities were having on the region, a group of individuals known collectively as the Ogoni Nine, protested against Shell’s activities. The Ogoni Nine were detained by the Nigerian military junta on spurious charges, held without charge, tortured and hanged following a sham trial before a Special Tribunal in November 1995.
The present dispute is a class action filed by 12 Nigerian individuals, now US residents, seeking compensation from Shell for having aided and abetted the Nigerian government to summarily execute the activists in an effort to suppress protests against Shell’s oil operations. Specifically, they allege that Shell bribed and tampered with witnesses and paid Nigerian security forces that attacked Ogoni villages. In 2006, the District Court for the Southern District of New York dismissed the charges against the defendants for extrajudicial killing and violations of the right to life, security and association. On appeal by both parties, the Court of Appeals for the Second Circuit held that the Alien Tort Statute does not provide jurisdiction over claims for violations of international law committed by corporations and not individual persons. Accordingly, the suit against the defendants could not continue and all charges are to be dismissed.
Hass & Priebke: Public Prosecutor v. Karl Hass and Erich Priebke
Sentenza sul ricorso, 16 Nov 1998, Supreme Court of Cassation / Corte Suprema di Cassazione, Italy
Šakić (Dinko Ljubomir): Office of the County Public Prosecutor v. Dinko Ljubomir Šakić
Amended Indictment, 8 Jul 1999, County Court in Zagreb, Croatia (Hrvatska)
Dinko Ljubomir Šakić was born on 8 September 1921 in the village of Studenci in Perušić, Croatia. Šakić was the commander of the Jasenovac concentration camp from April until November 1944. During that time, more than 2,000 Serbs, Jews and Gypsies were killed under his command. Moreover, detainees were hanged, starved, brutally tortured and murdered. Šakić personally killed at least four detainees, two of them just for smiling.On 4 October 1999, he was found guilty for the crimes and was sentenced to 20 years in prison.
In July 2008, Šakić died at the age of 86 in a hospital in Zagreb.
Mbonyicuti: Public Prosecutor v. Marc Mbonyicuti et al.
Arrêt, 25 Aug 1999, Appeal Court of Ruhengeri / Cour d'Appel de Ruhengeri, Rwanda
Ena & Ena: The Public Prosecutor v. Umbertus Ena and Carlos Ena
Judgement, 23 Mar 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
The Accused were brothers, Umbertos and Carlos Ena. Both were members of the Sakunar militia group, a pro-autonomy group that operated in East Timor in 1999 in conjunction with other militia groups and the Indonesian Armed Forces (TNI). They participated in a countrywide campaign of violence against the Timorese civilian population, targeting particularly those persons believed to be independence supporters. In September 1999, following the results of a referendum in which the people of East Timor had voted overwhelmingly in favour of independence, the Accused and other members of the militia group targeted the village of Nakome with machetes, spears and stones.
The Special Panel found that there was insufficient evidence to establish beyond a reasonable doubt that Carlos Ena was present or participated in the attack; he was accordingly acquitted. However, Umbertos Ena was convicted for his role in the deaths of two victims and for seriously injuring a third by stoning and stabbing. He was sentenced to 11 years’ imprisonment.
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