Major setback for victims in the Lundin Oil trial as court throws out damage claims

"Separating the plaintiffs' claims for damages makes it considerably more difficult for those affected by these alleged war crimes to obtain redress. In practice, it will be almost impossible as the South Sudanese plaintiffs now face the risk of having to pay for Ian Lundin and Alexandre Schneiter's legal costs, which are likely to be very large,” says Ebony Wade, Legal Adviser at Civil Rights Defenders. 

The Lundin trial is the largest in Swedish history. Following a 10-year investigation, Ian Lundin and Alexandre Schneiter were charged in 2021 with aiding and abetting war crimes in what is now South Sudan. Approximately 270 interviews have been held, approximately 150 persons have been interviewed, and the preliminary investigation report is comprised of around 80,000 pages. There are 32 plaintiffs in the trial, but last week the Stockholm District Court announced that 27 of them no longer have the opportunity to have their damage claims tried within the framework of the criminal trial. (Follow this link to read our analysis.)

The plaintiffs will have to put up half a million kronor each

The Court’s decision means that the issue of compensation for the victims will be addressed in 27 separate civil cases. Should the plaintiffs lose those cases, they will be responsible for paying Ian Lundin and Alexandre Schneiter's legal costs. 

Additionally, the victims must now provide a sort of security deposit covering the estimated legal costs of both the District Court and the Court of Appeal in order to have their cases tried at all. Under Swedish law, this requirement applies to individuals who do not have European citizenship. The defense has estimated that their costs will amount to half a million Swedish kronor per civil case. 

"In general, there are already very few means by which victims of war crimes can obtain redress. The fact that the plaintiffs in the Lundin trial will have to put up half a million kronor each in order to even bring their case to court severely limits their right to a fair trial. One might ask whether it is reasonable for foreign victims of crime to have to provide hundreds of thousands of kronor in security just to have their case heard.” 

The trial moves into a new phase as the defense begins its presentation 

The Lundin trial entered a new phase today as Ian Lundin’s defense team began its presentation. They now have the opportunity to respond in open court to the evidence put forth by the prosecutor. The evidence presented thus far focuses on eleven instances that according to the prosecution show that the two company heads, Ian Lundin and Alexandre Schneiter, aided and abetted war crimes. The defense has from the very beginning consistently denied any wrongdoing on the defendants’ part. 

Contact Us 

Our experts on crimes against international law can address how victims in the Lundin trial are affected by the district court's decision to separate the claim for damages, but also what evidence the prosecutors have presented and how the trial has progressed. Contact us at 076 576 27 62 or by e-mail: press@crd.org.

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