About
“A Report on the Lundin Case” was commissioned by the Board of Directors of Lundin Energy AB to assist it and the Company’s stakeholders in understanding the full context in which the Company found itself operating in Sudan between 1997 - 2003 and the reasons behind the Swedish Prosecutor’s decision to open an investigation in 2010 into allegations of complicity in international crimes in Sudan.
It has been prepared by Steven Kay QC, Gillian Higgins, and John Traversi of 9 Bedford Row Chambers, London and Rupert Boswall, a Senior Partner of RPC, London, independent international lawyers with specialist expertise in international criminal prosecutions, human rights, corporate conduct, and the Rule of Law.
Whereas the Report has been commissioned by the Company’s Board of Directors, its content, analysis and conclusions are solely those of the authors and not of the Company or any other concerned parties.
“This report finds that the allegations and basis for the Lundin investigation are seriously flawed.”
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.
About the Authors
Steven Kay QC
Steven Kay QC is Head of Chambers at 9 Bedford Row, 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 international criminal law practice that has involved cases of genocide, crimes against humanity, war crimes and the trial of a former head of State, at the International Criminal Court and the UN ad-hoc International Tribunals. She is regarded as one of the leading lawyers in her field of expertise and her courtroom advocacy is recognized as being of the highest class. Her experience enables her to deal with all aspects of an international case. She is also an accredited civil and commercial mediator with a particular interest in applying her skills in pre and post conflict situations and in the context of 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.