* News Release Issued by the International Secretariat of Amnesty
International *
25 March 2002
AFR 44/008/2002
54/02
Amnesty International and Baobab for Women's Human Rights welcome
the decision by the Sharia Court of Appeal of Sokoto State, in
northern Nigeria, to act positively on Safiya Yakubu Hussaini's
appeal against her sentence of stoning to death for adultery and
ordering her acquittal. Safiya was condemned to the death penalty
on 9 October 2001 in a Sharia Court in Gwadabawa, Sokoto State.
Baobab and Amnesty International are however, deeply
concerned about the implementation of new Sharia-based penal
codes since January 2000 in a number of northern states in
Nigeria. Both human rights organisations have observed serious
violations of human rights principles and international law
during the implementation of the extension of Sharia law to
specific criminal cases, including Safiya Hussaini's. The two
organisations wish to remind that there is an increasing number
of people being sentenced to the death penalty, flogging or
amputation as a result of sentences passed by Sharia courts in
Northern Nigeria.
Amnesty International and Baobab acknowledge that Sharia
law has historically been applied to Muslims in several states of
Nigeria, in some cases related to Muslim personal law. For those
cases, Islamic law coexists with the Nigerian law. In this
respect, Amnesty International and Baobab take no position on the
introduction and application of Sharia law per se, as long as it
is carried out in full respect of international human rights
standards, and in accordance with the conventions of
international law signed and ratified by Nigeria.
Baobab and Amnesty International's main concerns
regarding the extension of Sharia law are:
1. Cruel, Inhuman and degrading punishments: Punishments such as
stoning, flogging or amputation are considered cruel, inhuman and
degrading treatment by international human rights standards. By
ratifying the Convention Against torture in June 2001, the
Federal Republic of Nigeria has decided to bind itself not to
apply such punishments. Since 2000, amputation and flogging have
been carried out in several states of northern Nigeria and Safiya
Hussaini had first been sentenced to stoning.
2. Failure to meet International Standards of Fair Trial: Baobab
and Amnesty International are concerned that Sharia courts may
fall short in guaranteeing the right of representation. This is
particularly serious for cases where the death penalty and other
irreversible punishments can be imposed.Safiya Hussaini did not
benefit from full legal representation in her first trial, when
she was sentenced to death.
3. Discrimination on grounds of gender: Under the Maliki school
of thought, which dominates the interpretation of Sharia in
northern Nigeria, pregnancy is considered sufficient evidence to
condemn a woman for Zina, an offence which is to be read as
adultery or as voluntary premarital sexual intercourse. The oath
of the man denying having had sexual intercourse with the woman
is often considered sufficient proof of innocence unless four
independent and reputable eye-witnesses declare his involvement
in the act of voluntary sexual intercourse. Safiya Hussaini was
sentenced to death in her first trial for adultery on the basis
of her pregnancy.
Based on the cases of Bariya Ibrahim Magazu and Safiya Hussaini,
Baobab for Women's human rights and Amnesty International
emphasise that Sharia Law as practised in the norther states of
Nigeria, does not protect women from possible sexual assault and
coercion, instead it is willing to punish the victims of such
assault. In both cases the Court has not pursued the allegations
of coercion. The clear implication of thiws decision is that men
violate and rape girls and women with impunity as long as they
make sure that there are no witnesses of their crime. On the
other hand, women and girls who are victims of rape or coercion
have their situation further compounded. They will be subjected
to charges of Zina and false accusation. This clearly violates
women's rights, justice and security while protecting those men
who harrass, molest and rape women and girls.
4. Discrimination on grounds of social status: Observation of
cases tried by Sharia courts in northern Nigeria over the past
few months, shows that the convicted are often from deprived
background. Such in the case of Safiya Hussaini.
5. Lack of judicial training of Sharia Court judges: The criteria
for appointing judges do not fulfil international standards of
training for judicial personnel. In the case of Safiya Hussaini,
a lower court handed down the death sentence. The court in
question did not have penal jurisdiction before the introduction
of the new Sharia-based penal codes. Judges are frequently the
same and have rarely received adequate training to judge criminal
matters.
6. Procedure of application of Death Penalty: The new Sharia
Penal Codes allow Sharia Courts, often only consisting of one
judge and having no guarantees for adequate legal representation,
to impose the death penalty. Under the Penal Code of Northern
Nigeria and also the Nigerian Criminal Code applicable in
southern Nigeria, cases attracting capital punishment could only
be tried by the State High Court.
Baobab and Amnesty International remind that in all the
above points the current practice and many regulations in the new
Sharia penal Codes and Sharia Codes of Criminal procedure violate
many international human rights instruments ratified by Nigeria,
including the Convention for the Elimination of All Forms of
Discrimination Against Women, the Convention Against Torture and
other Cruel, Inhuman or Degrading Treatment and The International
Covenant on Civil and Political Rights.
Amnesty International is categorically opposed to the
death penalty in all circumstances because it represents the
ultimate violation of the right to life guaranteed by the
international law. The death penalty was introduced for offences
which were previously not punishable by death but by lashing,
such as adultery. When the accused was not of Muslim faith,
similar offences were not considered criminal offences and were
not punishable at all. Amnesty International emphasises that the
United Nations Safeguards guaranteeing the protection of the
rights of those facing the death penalty requires that in
countries which maintain the death penalty, it should only be
used for most serious crimes, these are offences which are
intentional and with lethal or other extremely grave
consequences. The act of consensual extramarital sexual
intercourse does not fulfil these conditions.
Amnesty International also underlines that in all
criminal cases in which Sharia law is applied in Nigeria there is
discrimination on grounds of the faith of the accused. The rights
of those tried under Sharia law are clearly protected to a lesser
extent than the Penal Code for Northern Nigeria, valid for
non-Muslim people, particularly concerning the right of
representation, the right of appeal and the lack of knowledge of
criminal procedure by the Court. Under Sharia law, the death
penalty is applied for offences that are not punishable with the
death penalty under the Penal Code for Northern Nigeria.
Amnesty International and Baobab urge the Nigerian
federal authorities to reiterate their commitment to the
international human rights legislation and to take all necessary
steps to make sure that both at federal and states level, all
penal cases being judges under Sharia law meet internationally
recognised human rights standards and honour all the
international human rights legal instruments signed and ratified
by Nigeria.
Baobab and Amnesty International also urge the Nigerian
federal authorities to guarantee the constitutional right of
appeal for all those condemned under Sharia-based penal codes
ensuring that they are able to appeal to higher jurisdictions
not only at state level but also at Federal level.
Baobab for Women's Human Rights is a non-profit, non-governmental
women human rights organisation which focuses on women's legal
rights issues under customary, statuary and religious laws in
Nigeria.
Amnesty International is a non-profit, worldwide human rights
movement independent from any government.
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