Web pages about "Nigeria"

Free Nigerian prisoner

Fri, 18 Apr 2008 17:46:17 +0100

Patrick Okoroafor was just 14 years old when he was arrested in May 1995. Two years later, he was sentenced to death for robbery, along with six others. He did not have the right to appeal and was reported to have been tortured while in police detention.

In 2001, his sentence of death was pronounced “illegal, null and void”, but he was never released. He remains locked up "during the pleasure of the Governor of Imo State" (at the discretion of the Imo State Governor) - effectively in indefinite detention - in Aba prison, Abia state, having spent almost half his life in detention.

“Patrick only went to the police station because the police wanted to inspect a car our mother had bought from one of the other suspects. That is when they arrested him. We tried to get him released, but the police refused,” says his brother. He claims Patrick was tortured by the Nigerian police, who beat him and pulled out his teeth with pliers.

Along with one of the six other co-defendants, Chidiebere Onuoha, who was 15 at the time of arrest, Patrick petitioned for clemency on grounds of age. On 18 July 1997, Patrick's sentence was commuted to life imprisonment but Chidiebere Onuoha and the five other men were publicly executed.

Prison has also had serious consequences for Patrick's health; he suffers from asthma attacks described by prison authorities as "frequent and life-threatening" and his condition "worsens daily".

In November 2001, Patrick pleaded for pardon, writing: "The tribunal ritual was a nightmare to me because I’m totally innocent of the charges levelled against me, I have spent these years of undeserved incarceration crying, praying and reading…” His plea was rejected by the Imo State Governor in March 2002.

Amnesty International, along with the Nigerian Bar Association and Nigerian NGOs, has called for his release.

Nigeria: Access to lawyers a right for all detainees

Fri, 29 Feb 2008 18:59:23 +0000

Amnesty International today wrote to the Nigerian government calling on them to provide Henry Okah and Edward Atatah immediate access to lawyers and their families.

Henry Okah, presumed spokesperson of MEND (Movement for the Emancipation of the Niger Delta) and his colleague have been held in incommunicado detention in an undisclosed location since their extradition from Angola on 14 February, despite an order by the Abuja High Court on 22 February calling for the two men to have access to lawyers and their families.

They have not been charged with a recognizable criminal offense.

“These two men are at risk of being tortured or ill-treated and should be seen by a lawyer and their families immediately,” said Erwin van der Borght, Director of Amnesty International’s Africa Programme. “They should either be charged or released from detention.”

MEND has claimed that Henry Okah was killed while in detention, but a presidential spokesman says that he is alive.

Background information
MEND is one of the largest militant groups in the Niger Delta fighting for the rights of indigenous people for a share of the natural resources in the delta and against the degradation of the environment created by the extractive companies operating in the delta.

In February 2008, MEND declared a “total war” against oil companies and their employees, including foreign workers. MEND has been responsible for attacks on pipelines, kidnappings and killings in the Niger Delta.

Nigeria’s prison system fails its people

Tue, 26 Feb 2008 16:23:19 +0000

In Nigeria, sixty five percent of prison inmates have never been convicted of any crime, with some awaiting trial for up to ten years.

A new Amnesty International report has condemned Nigeria’s criminal justice system, saying that the country’s prisons are filled with people whose human rights are being systematically violated. Torture by police is said to be widespread, with “confessions” extracted by torture often used as evidence in trials.

The report also reveals how people with mental illness, not suspected of committing any crime, are imprisoned alongside convicted criminals because their families are unable or unwilling to take care of them.

Amnesty International also highlighted the plight of prison staff, who work long and stressful hours for low wages that are often paid late. Staff shortages create security risks for both staff and inmates.

“The problems in Nigerian’s criminal justice system are so blatant and egregious that the Nigerian government has had no choice but to recognize them – and has pledged many times that it will reform the system,” said Aster van Kregten, speaking at a press conference in Abuja.

“However, the reality is that those in prison stand little chance of their rights being respected. Those without money stand even less chance. Some could end up spending the rest of their lives behind bars in appalling conditions without ever having been convicted of a crime – sometimes simply due to their case files having been lost by the police.

“Many inmates awaiting trial are effectively presumed guilty – despite the fact that there is little evidence of their involvement in the crime of which they are accused.”

The Nigerian government has, on numerous occasions, stated its willingness to reform the criminal justice system, acknowledging its role in creating a situation of prolonged detention and overcrowding.

Despite many presidential commissions and committees recommending reform, the recommendations have not been implemented. Instead, the government has set up new committees and commissions to study, review and harmonize the previous recommendations.

Most people in Nigerian prisons are too poor to afford a lawyer and the Legal Aid Council only has 91 lawyers in the whole country to provide legal representation. The result is that only one in seven awaiting trial inmates has access to legal representation.

Appalling prison conditions, including severe overcrowding, are also seriously damaging the mental and physical health of thousands.

In one case, Bassy, a 35-year-old woman with mental illness, was brought to prison by her brother, who said the family could no longer cope with her. Prison authorities classified Bassy as a “civil lunatic.” Accused of no crime and never brought before a judge, Bassy spent almost three years in prison, sleeping on the floor in a cell with 11 women.

After the intervention of PRAWA, a Nigerian non-governmental organization dealing with the incarceration of mentally ill prisoners, Bassy was finally transferred to a hospital, where she is now receiving treatment.

“The Nigerian government is simply not complying with its national and international obligations when it comes to the criminal justice system in Nigeria and must begin to do so seriously and urgently,” said van Kregten. “The conditions we saw and the stories we heard from inmates are a national scandal.”

Nigeria: Criminal justice system utterly failing Nigerian people; majority of inmates not convicted of any crime

Wed, 20 Feb 2008 16:27:10 +0000

(Abuja, Nigeria) Amnesty International today exposed the appalling state of Nigeria’s prison system, saying that Nigeria’s prisons are filled with people whose human rights are being systematically violated.

The organization said that the criminal justice system is utterly failing the Nigerian people, calling it a “conveyor belt of injustice, from beginning to end.”

In a detailed and scathing 50-page report, the organization reveals how at least 65 percent of Nigeria’s inmates have never been convicted of any crime, with some awaiting trial for up to ten years; how most in Nigerian prisons are too poor to afford a lawyer, with only one in seven awaiting trial having access to private legal representation – with only 91 legal aid lawyers working in the country; and how appalling prison conditions, including severe overcrowding, are seriously damaging the mental and physical health of thousands.

Torture by police is also routine and widespread, with “confessions” extracted by torture often used as evidence in trials.

“The problems in Nigerian’s criminal justice system – especially its prisons -- are so blatant and egregious that the Nigerian government has had no choice but to recognize them -- and has pledged many times that it will reform the system,” said Aster van Kregten, Amnesty International's Nigeria researcher, speaking at a press conference in Abuja.

“However, the reality is that those in prison stand little chance of their rights being respected. Those without money stand even less chance. Some could end up spending the rest of their lives behind bars in appalling conditions without ever having been convicted of a crime -- sometimes simply due to their case files having been lost by the police.”

“Many inmates awaiting trial are effectively presumed guilty – despite the fact that there is little evidence of their involvement in the crime of which they are accused.”

Amnesty International also revealed how all too often, people not suspected of committing any crime are imprisoned along with convicted criminals. Some were arrested in place of a family member the police could not locate; others suffer from mental illness and were brought to prison by families unable or unwilling to take care of them. Most have no lawyer to advocate on their behalf.

In one such case, Bassy, a 35-year-old woman with mental illness, was brought to prison by her brother, who said the family could no longer cope with her. Prison authorities classified Bassy as a “civil lunatic.” Accused of no crime and never brought before a judge, Bassy spent almost three years in prison, sleeping on the floor in a cell with 11 women. After the intervention of PRAWA, a Nigerian non-governmental organization dealing with the welfare of prisoners, Bassy was finally transferred to a hospital, where she is now receiving treatment.

“When a state arrests or imprisons someone solely because they are a relative of a suspect or because they suffer from mental illness, they are violating that persons right not to be subjected to arbitrary arrest or detention – a right guaranteed in the Universal Declaration of Human Rights,” said van Kregten.

Cases take so long to get to court that once an inmate has been tried and convicted, they are reluctant to launch an appeal. Even those claiming innocence say they risk staying in prison longer waiting for their appeal to be heard and than if they simply serve their sentence.

Amnesty International also highlighted the plight of prison staff, who work long and stressful hours for low wages that are often paid late. Poor pay often leads to petty extortion of prisoners, and staff shortages create security risks for both staff and inmates. Inmates are often relied on to govern themselves and have taken on disciplinary functions, including meting out corporal punishment, close confinement and diet restrictions – all of which do not comply with international standards.

“The Nigerian government is simply not complying with its national and international obligations when it comes to the criminal justice system in Nigeria and must begin to do so seriously and urgently,” said van Kregten. “The conditions we saw and the stories we heard from inmates are a national scandal.”

Background information
The Nigerian government has, on numerous occasions, stated its willingness to reform the criminal justice system, acknowledging its role in creating a situation of prolonged detention and overcrowding. Despite many presidential commissions and committees recommending reform, the recommendations have not been implemented. Instead, the government has set up new committees and commissions to study, review and harmonize the previous recommendations.

To see a full copy of the report “Nigeria: Prisoner’s rights systematically flouted,” please click here.

Nigeria: Government misleads world about death penalty record

Mon, 17 Dec 2007 12:44:00 +0000

Amnesty International revealed today that secret executions have been taking place in Nigeria’s prisons, despite recent assurances by the government that Nigeria has not executed “in years.”

The organization has uncovered evidence of at least seven executions in the last two years, but fears more may have taken place. All of the executions took place by hanging.

All those executed were convicted in a Kano state court and relocated to prisons across the country, including Jos, Kaduna and Enugu. Their death warrants were all signed by the current Kano state governor, Malam Ibrahim Shekarau.

“The Nigerian government has been misleading the world – and they must now come clean on their death penalty record, establish an immediate moratorium on all executions in the country, and fully investigate how something like this could have happened,” said Erwin van der Borght, Director of Amnesty International’s Africa Programme.

The detailed cases uncovered by Amnesty International include:

On 30 May 2006, Kenneth Ekhone and Auwalu Musa were executed by hanging in Kaduna Central Prison. They were tried and convicted by a Robbery and Firearms Tribunal, but did not have lawyers throughout the proceedings. They were also not given an opportunity to appeal against the judgements. Until his death, Auwalu Musa denied he had anything to do with the crime.
On 15 June 2006, Salisu Babuga was transferred from Kaduna prison to Jos prison, where he was hanged;
At least four men were hanged in Enugu prison in 2006.

The organization also believes that at least one execution has taken place in Port Harcourt prison. Amnesty International is continuing to investigate in order to confirm the names of those executed and the dates of the executions.

On 15 November 2007, a Nigerian government representative at the UN spoke about the death penalty in Nigeria. He said, “punishment only comes after exhaustive legal and judicial processes, including recourse to the supreme court of the land”…”It is thus on record that we have not carried out any capital punishment in recent years in Nigeria.”

“It is inexcusable for a government to mislead about something as serious as the taking of human life, and we are shocked at what appears to be an attempt by the Nigerian government to deliberately deceive the international community,” said van der Borght.

Background information
Approximately 700 prisoners are estimated to be on death row in Nigeria. Until now, it has been widely assumed that no executions have taken place since 2002. More than 200 inmates have been on death row for over ten years, some for over 25 years.

Many of them were convicted and sentenced to death by the Robbery and Firearms Tribunals under the military rule. Defendants did not have the right of appeal. After 1999, jurisdiction was supposed to be restored to state-level High Courts with the right to appeal. However, in numerous cases the inmates were not informed of this right, or did not have legal representation or money for an appeal and thus never filed one. A number of convicts did file an appeal at the time they were sentenced to death; however, their cases were never heard in court. As they do not have lawyers the state should have provided legal representation to follow up their cases.

A government-established National Study Group on the Death Penalty acknowledged in 2004 that "a system that would take a life must first give justice" and thus recommended a moratorium on the death penalty “until the Nigerian Criminal Justice System can ensure fundamental fairness and due process in capital cases and minimize the risk that innocent people will be executed.”

A Presidential Commission on Reform of the Administration of Justice (PCRAJ) reiterated that conclusion in May 2007 and called for "an official moratorium on executions until Nigerian criminal justice system can ensure fundamental fairness and due process in capital cases.” The PCRAJ concluded that “the Federal Government and indeed State Governments can no longer ignore the systemic problems that have long existed in our criminal justice system.”

Both commissions highlighted that inmates on death row are “almost exclusively poor and without legal representation.”

Article 14(5) of the International Covenant on Civil and Political Rights states: "Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law."

On 18 December, the UN General Assembly will be voting to reaffirm the resolution calling for a moratorium on executions, agreed by the General Assembly’s Third Committee on 15 November.

World misled on executions in Nigeria

Mon, 17 Dec 2007 15:30:53 +0000

Amnesty International has revealed that secret executions have taken place in Nigeria’s prisons.

Despite the country’s recent assurances that no one has been executed there “in years”, Amnesty International has uncovered evidence of at least seven executions in the last two years. It is feared that more may have taken place.

All those executed were hanged. They were all convicted in a Kano state court and their death warrants were signed by the current Kano state governor, Malam Ibrahim Shekarau.

Kenneth Ekhone and Auwalu Musa were executed on 30 May 2006, after being convicted by a Robbery and Firearms Tribunal. They did not have lawyers throughout the proceedings, nor were they given an opportunity to appeal against the judgements. Until his death, Auwalu Musa denied he had anything to do with the crime.

On 15 November 2007, a Nigerian government representative at the UN spoke about the death penalty in Nigeria. He stated: “Punishment only comes after exhaustive legal and judicial processes, including recourse to the supreme court of the land… It is thus on record that we have not carried out any capital punishment in recent years in Nigeria.”

Approximately 700 prisoners are estimated to be on death row in Nigeria. More than 200 inmates have been on death row for over ten years, some for over 25 years. Until now, it had been widely assumed that no executions had taken place since 2002.

The Nigerian government has been misleading the international community about the taking of human life. It must now come clean on its death penalty record.

Amnesty International calls for an immediate moratorium on all executions in Nigeria.

Press Freedom Day: Global action needed to protect journalists

Thu, 08 Nov 2007 11:12:31 +0000

"2006 was the worst year on record – a year of targeting, brutality and continued impunity in the killing of journalists." - Aidan White, General Secretary of the International Federation of Journalists (IFJ).

Journalists are often "easy targets" in wars. While most civilians in a dangerous situation turn the other way and try to get to safety, journalists do the exact opposite. The job of a journalist is to report, which often means that -- as most people are fleeing danger -- journalists pass them on the road heading towards the fighting.

It’s easy to forget that journalists are nevertheless civilians. Foolhardy, even reckless at times, perhaps, but still civilians due the same protections under international law as any other civilians.

When journalists are deliberately shot, blown up, taken hostage, or imprisoned for simply doing their jobs, that's a crime. When these violations against journalists are committed in an armed conflict, they constitute grave breaches of the Geneva Conventions – they are war crimes.

2006 was a year in which killings of reporters and media staff reached historic levels with at least 155 murders, assassinations and unexplained deaths, according to the IFJ. On 23 December, the UN Security Council adopted a resolution in which it condemned intentional attacks against journalists, media professionals and associated personnel in situations of armed conflict and called upon all parties to put an end to such practices.

However, around the world, whether in war or in peace, too few states take their obligations seriously. In situations of open conflict, such as in Iraq and Afghanistan, rather than offering protection from the serious dangers journalists face, the authorities restrict their ability to report freely.

Freedom of expression is enshrined in Article 19 of the Universal Declaration of Human Rights. A free press is an essential component of freedom of expression and is equally important as a key player in the protection of all human rights. All of society pays the price when journalists are killed with impunity and censorship and fear stifle expression. These are the conditions under which abuse of power and injustice will thrive.

Conflict situations
In Iraq, at least 64 journalists and media workers were reported killed in 2006, bringing the total to at least 139 since the March 2003 invasion of Iraq. A few were killed by US troops and Iraqi forces while covering fighting between these troops and insurgents, but the majority were killed by armed groups opposed to the government and the presence of foreign troops, or militiamen men belonging to Shi'a religious groups.

On 22 February, Atwar Bahgat, a correspondent with the TV channel al-‘Arabiya, and her colleagues Khaled Mahmoud al-Falahi and ‘Adnan Khairallah, were kidnapped. Their bodies were found the next day near Samarra. On 26 March 2006, a freelance journalist, Kamal Manahi Anbar, was killed by Iraqi forces’ fire during a clash with insurgents. The shooting took place near a Shi'a mosque in Baghdad’s Ur district.

Iraqi forces, backed by U.S. military, were reported to have opened fire after several shots were fired from a building adjacent to the mosque. Civilians rushed for cover, among them Anbar, who was found shot several times in the face and neck.

On 12 October, masked gunmen killed 11 people and wounded two at the Baghdad office of the satellite TV channel Al-Shaâ’abiya in Zayouna district in East Baghdad.

In Afghanistan, the deteriorating security situation has made intimidation, harassment and violence an everyday reality for Afghan journalists and human rights defenders. Afghan journalist Ajmal Naqshbandi was abducted in March along with an Italian reporter, Daniele Mastrogiacomo, and their Afghan driver, Sayed Agha. While Daniele Mastrogiacomo was released in a prisoner exchange, Ajmal Naqshbandi and Sayed Agha were killed by their captors.

The government and newly established parliament have made attempts to limit reporting that would reflect badly on Afghan government and the legislature. For example, the National Security Directorate, the Afghan intelligence service, issued a decree on 18 June 2006, attempting to limit reporting about the declining security situation. The Afghan government and parliament have since late 2006 been discussing revising a media law that would seriously undermine freedom of speech and media in Afghanistan.

Impunity
It's not just in situations of open conflict where journalists are at risk. In Mexico, for example, at least 11 journalists have been murdered since the start of 2006 and a number of others have been abducted. Journalists reporting on corruption and the activities of organized criminal networks are particularly at risk.

The state has acknowledged the increasing attacks on journalists around the country and the failure of authorities to hold those responsible to account, but, despite the establishment of the Office of Special Prosecutor on Crimes against Journalists (Fiscalía Especial para la Atención de Delitos Cometidos contra Periodistas) in February 2006, there is total impunity for such crimes.

State repression
Journalists are often seen as an irritation – they publish stories that embarrass governments, they give coverage to the opposition and to campaigners, they expose human rights violations and other abuses of power. While individual journalists themselves might not be dissidents, the fact that they write about dissent and the issues that cause dissent makes them targets of governments who want to suppress that same dissent.

In Russia, where the murder of human rights journalist Anna Politkovskaya placed a spotlight on press freedom in that country, reporting on human rights violations and dissent is at best difficult and often be dangerous. Journalists who have covered the recent "Dissenter's marches" have been detained and several newspapers have received warnings for publishing information about opposition movements and giving voice to dissenting opinions. One human rights organization has been closed for publishing non-violent statements by representatives of Chechen separatist leaders.

Intelligence services in Nigeria have raided media outlets, stopping programmes, requisitioning tapes, intimidating, arresting or beating up journalists too critical of the government and the President. In the run-up of the elections of April, at least two journalists lost their lives in the widespread political violence. In the context of the mass protests of May Day 2007, organized to protest against the irregularities during the elections, local media have reported that a cameraman was beaten into a coma by the police, who also threatened other journalists with their guns. In another incident, 15 journalists were reported to have been rescued from an attempted lynching by a group of party supporters.

In Cuba, working for an unofficial news agency can also cause problems, as Pablo Pacheco found in March 2003. After a period of apparent movement towards a more open and permissive approach, the authorities carried out an unprecedented crackdown on the dissident movement on the island. Pacheco, who works for an agency called Avileña Co-operative of Independent Journalists (Co-operativa Avileña de Periodistas Independientes) was one of 75 people sentenced during this period. He was sentenced to 20 years' imprisonment and remains in prison. Pablo Pacheco is one of 13 imprisoned Cuban journalists who are recognized as prisoners of conscience by Amnesty International.

Media workers in Zimbabwe live in constant fear of arrest, torture and death for reporting the on going human rights crisis in Zimbabwe. Gift Phiri, a journalist who was arrested in Harare on 1 April 2007 and detained for four days, was severely beaten while in police custody. Another journalist, Edward Chikomba was abducted from his home on 31 March 2007 and killed. His body was found two days later with bruises suggesting that he had been severely assaulted by his abductors.

Media workers who have been critical of government policies have been targeted in the past through repressive laws such as the Access to Information and Protection of Privacy Act, enacted in 2002, which was used by the government to shut down privately owned newspapers and deny journalists registration to practise.

Journalists are often unjustly accused of ordinary crimes in order to persecute them for their work. Sakit Zahidov, a well-known opposition journalist in Azerbaijan, was imprisoned on charges of possessing illegal drugs – charges Amnesty International calls "questionable". Noting that he didn't receive a fair trial, the organization fears that he may have been imprisoned solely for peacefully exercising his right to freedom of expression.

For journalists in some countries mere contact with the outside world can have serious repercussions. Iranian journalist Ali Farahbakhsh was arrested on 27 November 2006 after returning from an NGO-sponsored conference in Bangkok on government and the media. A Revolutionary Court in Tehran is reported to have sentenced him to three years’ imprisonment and a fine of about US$71,000 on 26 March 2007 on charges of espionage and "receiving money from foreigners" in connection with his participation at the conference.

In possibly the most well known case worldwide, Chinese journalist Shi Tao was arrested in 2004 for sending an email to a foreign website and charged with "illegally divulging state secrets abroad". The email described a briefing that he and other journalists had received from the Chinese Communist Party's Propaganda Department on how they should report anniversary commemorations of the Tiananmen Square massacre. He was sentenced to 10 years' imprisonment in 2005 following an unfair trial. Amnesty International has adopted Shi Tao as a prisoner of conscience.

In recent months, the Chinese authorities have sought to further tighten controls over the internet. This has been followed by further censoring of certain websites, blogs and online articles. For example, a website providing news broadcasts over the internet, www.ccztv.com, was closed down in March.

Journalists caught up in conflict and lawlessness
Sometimes journalists are targeted just because of who they are and not because of what they say or write. Alan Johnston, the BBC journalist abducted by Palestinian gunmen on 12 March 2007, has become a symbol of the dangers journalists face in conflict areas. Though he is well liked and respected in Gaza, Alan was seemingly abducted just because he was a high profile foreigner. Since his abduction, foreign journalists are no longer going to Gaza and the humanitarian crisis there has dropped off the world news agenda.

The Security Council resolution shows that there is growing global recognition of a serious problem in the way journalists are treated around the world. What is needed now is global action to protect journalists and protect the freedom of the press.