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June 1998 |
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June 1998 |
UN Watch
UN High Commissioner Asks Nigeria to Stop Executions
The United Nations High Commissioner for Human Rights (UNHCHR) requested on May 1st 1998 that the Nigerian government not to proceed with the executions of six Nigerian men convicted of treason and asked that they be allowed to appeal their convictions. A total of 30 persons have been charged in connection with an alleged coup plot announced by the Government of Nigeria in December 1997. The ad hoc military tribunal which convicted and sentenced them failed to meet regional and international standards protecting the defendant and ensuring a fair trial. The tribunal is comprised of military officers operating outside of the normal judicial system; most of the evidence was heard in secret, and no right to appeal was provided to the defendants.
UN Commission on Human Rights Condemns Human Rights violations by Israel
Using the strongest diplomatic language, the UN Commission on Human Rights condemned last March 1998 the continuing violations of human rights in the Occupied Palestinian Territory. The Commission highlighted in its condemnation the continuos wounding and killing of civilians by Israeli soldiers, the detention of thousands of Palestinians without trial, the continuation of the confiscation of Palestinian lands, the extension and the establishment of Israeli settlements thereon, the confiscation of Palestinians’ property and expropriation of their land, the demolition of Palestinian homes and the uprooting of fruit trees. It also condemned the use of torture against Palestinians during interrogation, legitimized by the Israeli High Court . The Commission called upon the Government of Israel to cease these acts immediately since these practices constitute a major obstacle in the way of peace. The UN Committee against Torture also called on Israel to put an end to torture practices such as violent shaking, handcuffing in uncomfortable positions, hooding for long periods and sleep deprivation during interrogations.
The UN Committee against Torture recommends measures to prevent ill-treatment of detainees or prisoners in several countries.
The Committee recommended May 1998 that French practices involving expulsion, refoulement, and extradition be brought fully into line with the standards of the Convention against Torture. It urged that the practice of solitary confinement of pretrial detainees be abolished or at least greatly restricted in Norway. It called for greater efforts in Guatemala to bring those responsible for past cases of ill-treatment and human-rights violations to justice, and for more effective steps to reduce levels of violence in the country. It recommended completion of an investigation into alleged abuse of inmates by staff at a prison in New Zealand and said supervision of prisons in the country should be strengthened. It expressed concern over numerous allegations of police maltreatment of detainees, especially foreigners, in Germany, and recommended that such cases be more closely and effectively investigated and prosecuted. It cited concern over frequent and numerous allegations of torture in Peru and urged authorities to accelerate efforts to establish true rule of law. It said the proportion of pre-trial detainees in Panamanian prisons was too high and that refugees from neighboring countries should be repatriated in keeping with international human rights norms. It called for a clear definition of the crime of torture to be included in the criminal code of Kuwait. It urged, as last year, that Israel end practices such interrogation methods applied to terrorism suspects as violent shaking, handcuffing in uncomfortable positions, hooding for long periods, and sleep deprivation. And it expressed concern over numerous reports of abuses in Sri Lanka, including torture linked with disappearances, and called for criminal prosecution of authorities committing such acts.
The Special Rapporteur on the independence of judges and lawyers asks Switzerland to pay reparations to Nigerian lawyer
Nigerian Lawyer Clement Nwankwo, Executive Director of the Lagos-based Constitutional Rights Project was in Geneva on April 5, 1997, attending the meeting of the UN Commission on Human Rights when he was arrested on suspicion of shoplifting. During and after his arrest, Mr. Nwankwo was severely beaten and kicked by the Geneva police. He was denied the right to obtain counsel of his choice and was made to sign the record of the proceedings before the examining magistrate without the presence of his counsel and despite the fact that he was unable to read it because it was in French. He was finally tried, convicted and sentenced without a lawyer to defend him in what appeared to be a trial not open to the public. He was convicted of resisting arrest and sentenced to 20 days’ imprisonment and ordered to be expelled from the country. The sentence was suspended.
The government of Switzerland apologized to Mr. Nwankwo and promised that disciplinary actions would be taken against the four police officers involved in the case. The government also indicated that Mr. Nwankwo could commence civil proceedings against the State for damages.
The Special Rapporteur expressed concern that Mr. Nwankwo was convicted on the charge of resisting arrest for an offense which he never in law committed, and the government has provided no information about the alleged lack of independence of the tribunal which convicted Mr. Nwankwo. In addition, in light of Switzerland’s apology, it recommended that the Government offer Mr. Nwankwo adequate compensation, thereby avoiding protracted civil litigation and the resultant costs and expense.
