“This report finds that the allegations and basis for the Lundin investigation are seriously flawed.”
About
A Report on the Lundin Case was prepared by Steven Kay KC, Gillian Higgins, and John Traversi of 9BR Chambers, London, together with Rupert Boswall, Senior Partner at RPC, London. The authors are independent international lawyers with specialist expertise in international criminal prosecutions, human rights, corporate conduct, and the Rule of Law.
The Report was commissioned by the Board of Directors of Lundin Energy AB to assist both the Board and the Company’s stakeholders in understanding the full context in which the Company operated in Sudan between 1997 and 2003, as well as the reasons behind the Swedish Prosecutor’s decision to open an investigation in 2010 into allegations of complicity in international crimes in Sudan.
Although the Report was commissioned by the Company’s Board of Directors, its content, analysis, and conclusions are solely those of the authors and do not represent the views of the Company or any other concerned parties.
A Report On The Lundin Case
9BR CHAMBERS & RPC SOLICITORS
About the Authors
Steven Kay KC
Steven Kay KC is Head of 9BR Chambers, a leading set of barrister’s Chambers established in London over 60 years ago.
He is a leading international criminal lawyer with a global reputation who has been involved in the landmark cases that have established modern international criminal law including: the first UN trial at the Yugoslavia Tribunal (Dusko Tadic) that created modern international criminal law; the first trial of a former Head of State (ex-President of Serbia, Slobodan Milosevic); the first trial at the ICC of an incumbent Head of State (President Uhuru Kenyatta of Kenya).
Rupert Boswall
Rupert Boswall is a Senior Partner at RPC, specialising in complex commercial disputes resolved by litigation and international arbitration.
Rupert acts on high value international disputes and investigations in the financial, technology, infrastructure, natural resources, offshore and wealth sectors.
He is noted for his lateral thinking and strategic leadership of teams on cross-border projects.
Although a litigator by background, he is a solver of clients' issues in deal making as well as disputes.
Gillian Higgins
Gillian Higgins has developed an internationally recognised criminal law practice, acting in cases involving genocide, crimes against humanity, war crimes and the trial of a former head of State before the International Criminal Court and the UN ad hoc International Tribunals. She is widely regarded as a leading practitioner in her field, with courtroom advocacy of the highest calibre. Her extensive experience enables her to handle every aspect of complex international cases. She is also an accredited civil and commercial mediator, with a particular interest in applying her skills to pre- and post-conflict situations, as well as sensitive community and interest-based mediations.
John Traversi
John is a highly respected criminal defence advocate of many years experience. He has developed a practice with a trans-national emphasis, acting largely for non-English speaking clients.
He has defended in heavy duty drugs cases, human trafficking, fraud and money laundering, together with murders, rapes and other offences of serious violence. John has a wide knowledge of European legal systems.
His experience of adversarial justice systems and those governed by civil codes provides him with a keen appreciation of evidential and legal issues necessary in the hybrid environment of the international courts.
Purpose
This Report is based upon our research and assessment of the background to the criminal investigation against Lundin representatives and a review of the wider context in which Lundin invested and operated in Sudan from 1997 to 2003 as part of a consortium of companies. It contains a historical overview of peace and conflict in Sudan. It also explains the policy of constructive engagement, transparency and cooperation adopted by the EU and UN, within which Lundin operated at the time.
It assesses the political background to the public scrutiny of the Company and the Swedish Prosecutor’s decision to open a criminal investigation in 2010 and maintain it for over 10 years. It assesses the reports of NGOs and other organisations which form the basis of the Swedish Prosecutor’s investigation, examining the reception and evaluation of such reports in international tribunals.
The Report raises serious concerns about the independence and reliability of the information included in the NGOs’ advocacy reports, which forms the basis of the continuing investigation by the Swedish Prosecutor and explains that by the standards of international courts, these reports would not be admissible in an investigation or a prosecution.