The Socio-Economic Rights and Accountability Project (SERAP) has sent a petition to the African Union (AU) Chairperson Leader Muammar al-Gaddafi, asking him to “use your good offices and position as Chairperson of the African Union (AU) to immediately order a stay of execution for all Nigerians on death row in Libya, and to ensure full compliance of Libya with the resolutions on moratorium on executions adopted recently by both the African Commission on Human and Peoples’ Rights and the UN General Assembly.”
In the petition dated 15 August 2009, and signed by Solicitor to SERAP, Mr Femi Falana, President West African Bar Association, the group stated that “According to our information, there are 14 Nigerians on death row that may be at risk of imminent secret execution. However, figures by the Nigerian House of Representatives suggest that the number of Nigerians on death row in Libya may be up to 230. The Nigerians are said to have been convicted of offences such as murder, drugs and armed robbery.”
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“We are seriously concerned that those affected may not have received fair trial, and would like you to clarify whether the Nigerians were afforded: access to competent and effective legal representation; right to trial within a reasonable time or to a release; the right to trial by a competent, independent and impartial tribunal established by law; the presumption of innocence; the right to an interpreter and to translation; the right to appeal to an independent and impartial tribunal, and fair trial guarantees during appeals,” the organization also said.
According to the organization, “any secret execution of the Nigerians on death row and other Africans that may be in similar situation will be inconsistent and incompatible with the resolutions on moratorium on executions adopted by the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly. The African Commission on Human and Peoples' Rights at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States that still retain the death penalty to "observe a moratorium on the execution of death sentences with a view to abolishing the death penalty. The resolution is similar to the one adopted by the Third Committee of the UN General Assembly in 2007.”
The organization also said that “the reported plan by Libya to secretly execute Nigerians on death row, and the apparent failure by the AU leadership to ensure the full implementation of the African Commission’s resolution is sending a message that the AU cannot enforce decisions by its own institutions. At the same time, it is defying the efforts by the UN to end the use of the death penalty.”
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“The AU and its member states, including Libya would need to align themselves with the global trend towards abolishing the death penalty. Furthermore, Libya is a member of the UN and currently holds the chairmanship of the AU. As such, Libya should show leadership and good example regarding the implementation of the resolutions by the African Commission and the UN,” the organization added.
“We ask you to request appropriate authorities in Libya to investigate whether the Nigerians on death row received fair trial and other international human rights guarantees applicable to their situation,” the organization further stated.
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African Union (AU) Chairperson
Leader Muammar al-Gaddafi
c/o
African Union Commission (AUC) Chairperson,
H.E. Jean Ping
African Union Headquarters
P.O. Box 3243
Addis Ababa
Ethiopia
Email: [email protected]; [email protected]; [email protected]
15 August 2009
Dear Leader Muammar al-Gaddafi:
Re: Request for the African Union to order a stay of execution for all Nigerians on death row in Libya
I am writing to you as Solicitor to the Socio-Economic Rights and Accountability Project (SERAP) and I have the instructions of my client to send this petition to you to request that you use your good offices and position as Chairperson of the African Union (AU) to immediately order a stay of execution for all Nigerians on death row in Libya, and to ensure full compliance of Libya with the resolutions on moratorium on executions adopted recently by both the African Commission on Human and Peoples’ Rights and the UN General Assembly.
SERAP is a human rights non-governmental organization registered under Nigerian laws, and whose mandates include the promotion of respect for human rights of Nigerians, through litigation, research and publications, advocacy and monitoring.
According to our information, there are 14 Nigerians on death row that may be at risk of imminent secret execution. However, figures by the Nigerian House of Representatives suggest that the number of Nigerians on death row in Libya may be up to 230. The Nigerians are said to have been convicted of offences such as murder, drugs and armed robbery.
SERAP is seriously concerned that those affected may not have received fair trial, and would like you to clarify whether the Nigerians were afforded: access to competent and effective legal representation; right to trial within a reasonable time or to a release; the right to trial by a competent, independent and impartial tribunal established by law; the presumption of innocence; the right to an interpreter and to translation; the right to appeal to an independent and impartial tribunal, and fair trial guarantees during appeals.
SERAP is also concerned that any secret execution of the Nigerians on death row and other Africans that may be in similar situation will be inconsistent and incompatible with the resolutions on moratorium on executions adopted by the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.
The African Commission on Human and Peoples' Rights at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States that still retain the death penalty to "observe a moratorium on the execution of death sentences with a view to abolishing the death penalty."
Among others, the resolution recalled Article 4 of the African Charter, which recognises the right of everyone to life, and Article 5(3) of the African Charter on the Rights and the Welfare of the Child, which guarantees the non-application of death penalty for crimes committed by children. The resolution expresses concerns about “the failure of some African states to give effect to the UN resolutions and African Commission's own 1999 resolution calling for a moratorium on executions", and about the application of "the death penalty in conditions not respectful of the right to a fair trial guaranteed under the African Charter on Human and Peoples' Rights and other relevant international norms".
The resolution also asked AU member states, including Libya that still retain the death penalty to: fully comply with their obligations under the African Charter on Human and Peoples’ Rights, and guarantee to every person accused of crimes for which capital punishment is applicable, fair trial standards; and to include in their periodic reports information on the steps they are taking to move towards the abolition of the death penalty in their countries.
The resolution is similar to the one adopted by the Third Committee of the UN General Assembly in 2007.
SERAP opposes the death penalty because it is irrevocable and there is always a chance that innocent men and women will be executed in any country that maintains this punishment. The death penalty is inherently arbitrary and discriminates against those who are poor, marginalized or belong to minority communities.
The reported plan by Libya to secretly execute Nigerians on death row, and the apparent failure by the AU leadership to ensure the full implementation of the African Commission’s resolution is sending a message that the AU cannot enforce decisions by its own institutions. At the same time, it is defying the efforts by the UN to end the use of the death penalty.
The AU and its member states, including Libya would need to align themselves with the global trend towards abolishing the death penalty. Furthermore, Libya is a member of the UN and currently holds the chairmanship of the AU. As such, Libya should show leadership and good example regarding the implementation of the resolutions by the African Commission and the UN.
SERAP therefore calls on you to use your position as Chairperson of the AU to ensure that Libya immediately and effectively ban the death penalty or adopt a moratorium on all executions with a view to abolishing the death penalty.
SERAP also asks you to request appropriate authorities in Libya to investigate whether the Nigerians on death row received fair trial and other international human rights guarantees applicable to their situation.
I urge you to urgently intervene in the case of Nigerians on death row in Libya in order to ensure that the reported secret execution is not carried out, and to achieve the full compliance of Libya with the resolutions on moratorium on executions by both the African Commission and the UN.
While thanking you in advance of your attention, I look forward to continued dialogue on the issue.
Yours sincerely,
Femi Falana
Solicitor to SERAP
Adetokunbo Mumuni
SERAP’s Executive Director
16 August 2009
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