The Libyan authorities have accepted to stop the execution of Nigerians on death row in Libya, pending the final determination of the case brought by Socio-Economic Rights and Accountability Project (SERAP) before the African Commission on Human and Peoples’ Rights, in Banjul, The Gambia.
The decision by Libya followed a provisional measure issued by the African Commission ordering the government to suspend the execution of Nigerians on death row in that country. The Commission is the body charged with overseeing states parties’ compliance with their legal obligations under the African Charter on Human and Peoples’ Rights.
googletag.cmd.push(function() { googletag.display('content1'); });
The information on the compliance by Libya with the Commission’s provisional measures was contained in a paper titled Debating the death penalty---experiences from different regions, dated 25 September 2009 and presented by a member of the African Commission, Ms Catherine Modupe Atoki at the International Peace Institute in New York last week.
In the paper, Ms Atoki said that “Early September this year, a communication was filed with the African Commission against Libya by a Nigerian Non-Governmental Organization, Socio-Economic Rights and Accountability Project (SERAP). It alleged that over 200 Nigerians are on death row for offences ranging from immigration, murder, drug and armed robbery. The Commission requested from the President of Libya a provisional measure to stay execution pending the determination of the communication. Happily, the President obliged and for now there is a hold on the execution of the convicted persons.”
It would be recalled that SERAP had through its Solicitor Mr Femi Falana filed before the African Commission a communication dated 6 September 2009 alleging “serious, persistent and irreparable violations of the Complainants’ rights to life; to communicate with their embassy or consular post; to competent and effective legal representation; to trial within a reasonable time or to a release; to trial by a competent, independent and impartial tribunal established by law; to the presumption of innocence; to an interpreter and to translation; to appeal to an independent and impartial tribunal, and fair trial guarantees during appeals.”
googletag.cmd.push(function() { googletag.display('content2'); });
Following this communication, the Commission in the Provisional Measures with reference number ACHPR/PROVM/LIB/01/75. 09 dated 9 September 2009, and signed by Commissioner Bahame Tom Mukirya NYANDUGA, Acting Chairperson of the African Commission, said that it is “seriously concerned about the allegations that several Nigerians are held on death row, while others are held in prison under inhuman and degrading treatment in Libya.”
The Provisional Measures reads in part “The Complaint has been registered as a Communication against Libya. I would also like to inform you that the Communication shall be tabled before the African Commission, for seizure during its next Ordinary Session, which is scheduled to take place from 11-25 November 2009, and will subsequently be sent to the authorities.”
The Commission also said that “In accordance with Rule 111(3) of the Rules of Procedure of the African Commission, I you to intervene in the matter with the view of preventing irreparable damage being caused to the victims while the African Commission inquires about the veracity of the Complaint. The appeal is particularly pertinent in respect of the imprisoned Nigerians, whom the Complainant alleges that they await the death penalty.”
One of the condemned persons, Miss Juliet Okoro, reportedly said from Jabida prison in Tripoli that the accusation of murder for which she has been placed on death row since 2000 was forged and her indictment followed no legal representation. She however confirmed that Gaddafi had granted amnesty to the convicts waiting for the Nigerian embassy in Libya to sign some documents for their freedom and deportation.
SERAP’s lawyer, Mr Femi Falana welcomed the news but said that “it is now time for the Nigerian government to show responsibility by immediately ensuring the safety and well-being of the Nigerians on death row in Libya, and facilitating their safe return back home. The continuing silence and inaction of the Nigerian government on this matter is a failure of leadership and simply unacceptable.”
“This is a challenge to the Yar’Adua government to rise up to the occasion and to defend the rights and interests of Nigerians wherever they may be. This case has also shown that even Nigerians in any part of the world can have their human rights protected if only our own government is willing to discharge its Constitutional and international responsibility towards its citizens. We commend the leadership demonstrated by the House of Representatives Committee on Diaspora through its Chairperson Ms Abike Dabiri-Erewa, and SERAP on the matter.” Falana added.
Signed
Adetokunbo Mumuni
SERAP Executive Director
30/09/09
googletag.cmd.push(function() { googletag.display('comments'); });