June 18
NIGERIA:
ECOWAS Court upholds rights of death row detainees
In a landmark verdict, the Community Court of Justice of the Economic Community
of West African States (ECOWAS Court) has opposed death penalty imposed on
minors and threat of execution in the course of appeal.
The judgements underscored the need to respect and enforce fundamental human
rights as stipulated in the African Charter on Human and People's Rights.
The cases brought before the court were in respect of Maimuna Abdulmumini and
Thankgod Ebhos, both sentenced to death in Nigeria.
Maimuna Abdulmumini was tried for the alleged murder of her husband when she
was only 13 years old and was subsequently sentenced to death by a Katsina
State High Court in 2012. In February this year, Avocats Sans Frontieres France
(ASFF) filed and won an application for interim measures on Maimuna's behalf
thus restraining the government from executing her, pending the accelerated
hearing of her case.
In its final judgement, the presiding judge, Justice Hansine Donli, declared
that pronouncing the death sentence on Maimuna for an offence she committed, as
a minor was a breach of Article 6 sub-sections 5 of the International Covenant
on Civil and Political Rights (ICCPR). The court awarded Maimuna N5 million as
damages and N500, 000 as the cost of the trial.
Thankgod Ebhos was the 5th inmate in Edo prison who was taken to the gallows
but was not executed. Thankgod has been on death row since 1995 after being
sentenced to death by a military tribunal. ASFF had earlier in the year filed
and won an injunction at the ECOWAS court restraining the Edo State Government
from carrying out the death sentence against him.
In its final judgment, the court ordered the Nigerian government to remove
Thankgod's name from death row as any attempt to execute him while his appeal
was still pending in the Court of Appeal would be a gross violation of his
right to appeal as contained in section 6 subsection 4 of ICCPR.
ASFF has hailed the judgements, which it described as groundbreaking.
"By its judgement, the ECOWAS court has shown commitment to ensuring strict
adherence to due process and the right to defence as it relates to detainees on
death row. In the wake of the executions in Edo last year, this judgement
cements a step in the move to firmly establish respect for fundamental human
rights in the Nigerian legal system," said Angela Uwandu, ASF France Head of
Office in Nigeria.
Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on
member states, including Nigeria. The finality and enforceability of the
court's decisions is also provided for in the 1991 Protocol. Article 24 of the
Supplementary Protocol of the court and Article 77 of the ECOWAS Treaty
empowers the court to sanction non-compliance with judgments made.
(source: The Guardian)
LEBANON:
Lebanon seeks death penalty for Palestinians and Syrians charged with terrorism
Lebanese judges today sought the death penalty for 2 detainees, in 2 separate
cases, a Palestinian and a Syrian - as well as 4 other Syrian fugitives - on
charges of belonging to terrorist organisations. The court also sought to
prosecute 7 other people for the same offense.
The military tribunal Judge Imad Zein demanded the death sentence for a
Palestinian who had been detained on charges of belonging to an armed terrorist
organisation, Fatah Al-Islam, and monitoring the Fatah officer Talal
Al-Balaghi, known as Talal Al-Ordoni, with the aim of assassinating him.
In the same case, Zein issued search warrants against 7 others in order to
refer them to the Permanent Military Court for trial.
In May, a roadside bomb targeted Fatah members Al-Ordoni and Abu Shadi
Al-Shabarbari in the neighbourhood of Hittin in the Palestinian refugee camp
Ain Al-Hilweh in the city of Sidon.
Al-Ordoni and Al- Shabarbari survived however a woman and a young girl were
injured.
In another trial, the government commissioner to the military court Judge Saqr
Saqr charged a detained Syrian and four other Syrians fugitives of belonging,
since 2012, to the "armed terrorist organization Ziad Al-Jarrah Battalion" and
intending to carry out terrorist acts and build a plant for the manufacture of
weapons and explosives.
Saqr pointed to legal aspects that may lead to the death penalty.
Ain Al-Hilweh has witnessing security tensions, assassinations and
assassination attempts directed at a number of officials in different
Palestinian and Islamic organisations that struggle for control over and
influence in the camp.
Ain Al-Hilweh is the largest Palestinian refugee camp in Lebanon; it is
inhabited by more than 80,000 refugees.
(source: Middle East Monitor)
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