2003 Report by the Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Theo van Boven


Nigeria

1048. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1998 and 2000 regarding which no reply had been received.

Urgent appeals

1049. On 26 March 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on violence against women, its causes and consequences, and on extrajudicial, summary or arbitrary executions on behalf of Amina Lawal, who had reportedly been sentenced to death by stoning on 22 March 2002 by a Sharia court at Bakori in the Katsina State, after she confessed to having had a child while divorced. The alleged father of her baby girl denied having sex with her and the charges against him were discontinued. This most recent sentence of death by stoning for alleged adultery was handed down three days before a Sharia court in Sokoto State reportedly upheld the appeal by Safiya Husseini Tungar Tudu who had also been convicted of adultery and sentenced to death by stoning.

1050. On 20 August 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on extrajudicial, summary or arbitrary executions and on violence against women, its cause and consequences, on behalf of Amina Lawal who had reportedly been sentenced to death by stoning by a Sharia court in Katsina State and on behalf of whom the Special Rapporteurs had intervened on 26 March 2002(see above). On 19 August 2002, the Islamic court of appeal in Funtua, Katsina State had reportedly upheld the original sentence of stoning to death after she confessed to having had a child while divorced. It was said that the sentence would be carried out in January 2004 after her eight-month-old daughter, Wasila has been weaned.

1051. On 30 August 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbistrary executions and the Special Rapporteur on the independence of judges and lawyers on behalf of Ahmadu Ibrahim, Fatima Usman (f) and Mallam Ado Baranda, who had reportedly been sentenced to death by stoning and whose sentences could be carried out at any time. They reportedly did not have access to legal representation when the sentences were handed down. Ahmadu Ibrahim and Fatima Usman were convicted for adultery and Mallam Ado Baranda for the rape of a nine-year-old girl.

Observations

1052. The Special Rapporteur regrets that no response has been provided to a number of cases brought to the attention of the Government since 1998.

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small logo   This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.