| Bowoto v. ChevronTexaco Case Overview |
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| Written by Rick Herz and Marco Simons | |
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In fall 2008, a landmark human rights case is set for trial in federal court in San Francisco. Chevron has been charged with gross human rights abuses arising from its use of the notorious Nigerian military and "kill and go" mobile police against those who protest the environmental and other harm caused by Chevron's oil production activities in the Niger Delta. The lawsuit is based on a 1998 incident in which Nigerian soldiers shot nonviolent protesters at Chevron's Parabe offshore platform. The soldiers, who were paid by Chevron, were ferried to the platform in Chevron-leased helicopters and supervised by Chevron personnel. Two protesters were killed in the brutal attack and others were injured. Another protester brings claims based on the subsequent torture inflicted on him by the Nigerian authorities after Chevron claimed that he was a pirate. In a recent ruling, U.S. District Court Judge Susan Illston found evidence that Chevron's personnel "were directly involved" in this attack, transporting the soldiers despite knowing that they were "prone to use excessive force," and concluded that the evidence would allow a jury to find not only that Chevron assisted the soldiers knowing that they would attack the protestors, but also that Chevron actually agreed to the militarys plan. A jury trial is scheduled in the federal case for September 2008. Chevron is also facing a California state court trial set for September 2009, which seeks a court order to end the practices that led to the 1998 attack and to other incidents of abuse involving the Nigerian security forces in the service of Chevron. The federal trial is likely to bring over 20 Nigerian villagers to the Bay Area to testify. Bowoto v. Chevron is a flagship lawsuit using the tools of the U.S. litigation process, including the Alien Tort Statute, to create corporate accountability for serious human rights violations by American-based companies. The case has already applied important rules supporting accountability of parent corporations for actions taken nominally by their foreign subsidiaries. After ten long years, the trials will finally give the Nigerian villagers their day in court to confront the oil giant and demand public accountability for the company's involvement in gross human rights abuses. The plaintiffs are seeking compensation for the murders and the injuries suffered, as well as ongoing transparency by Chevron about its use of the notorious Nigerian police and military. Factsheets
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