Nigeria: violent and lethal use of force against #EndSARS protestors must cease and officials responsible brought to justice

Nigeria: violent and lethal use of force against #EndSARS protestors must cease and officials responsible brought to justice

The ICJ and Lawyers Alert today called on the Nigerian authorities to undertake immediate independent and thorough investigations into credible allegations of extrajudicial killings by the military responding to mass protests against the SARS police unit.

Those responsible for criminal conduct must be brought to justice and held to account, the two organizations said.

The authorities must respect their international legal obligations under international law and cease the unlawful, unnecessary and disproportionate use of force in response to Nigerians’ lawful protest actions.

Protest actions have escalated over the last two weeks as Nigerians have staged a series of protests under the #EndSARS movement. Thousands of people joined the demonstrations, demanding an end to police brutality and corruption.

Reports confirm that more than 56 people have died over the two weeks of protest actions, including 38 protesters who were killed, on the 20 October alone, as a result of the Nigerian military opening fire on thousands of peaceful protesters.

“The right to peaceful assembly is guaranteed under international law, including the International Covenant of Civil and Political Rights (ICCPR) which Nigeria has acceded to. Nigeria’s brutal responses to the peaceful demonstrations, including the use of lethal force on force protestors, not only violates this right but also their right to life,” said Kaajal Ramjathan-Keogh, ICJ Africa Regional Programme Director.

Lawyers Alert Executive Director Rommy Mom said: “The Nigerian government’s responses to the protests have undermined the rule of law. Groups and persons should not be afraid to approach the Judicial Panels of Inquiry to lay their grievance towards identification of culpable SARS officers for appropriate sanctions and the compensation of victims.” The organizations recall that under international law, the use of lethal force by law enforcement officials is permissible only when strictly necessary to protect life.

Police in the SARS unit are credibly alleged to be responsible for a widespread practice of torture and other serious human rights violations.

In addition to ending these violent attacks on protestors, the ICJ and Lawyers Alert call on  the Nigerian government to address the demands of protestors and embark on comprehensive reform of the police, with emphasis on oversight functions, tethering oversight to civil society groups, the National Human Rights Commission and the constitutional oversight body of the Nigeria police.

“These protests have gained momentum outside Nigeria and have extended beyond the local borders to Ghana, United Kingdom and South Africa. The world’s attention is currently on Nigeria, as the global support for protestors rise amidst further police brutality. The Nigerian government must ensure that it respects and protects the human rights of all in accordance with its obligations under international law,” added Ramjathan-Keogh.

Background

Founded in 1992, the Special Anti-Robbery Squad (SARS) was mandated to “investigate cases involving armed robbery and kidnapping”. However, since its inception, there have been widespread complaints by Nigerians about the conduct of SARS  This year Amnesty International issued  a report, documenting at least 82 cases of torture, ill treatment and extra-judicial execution by SARS during the period of January 2017 and May 2020

In addition to the ICCPR, Nigeria is party to the UN Convention against Torture and the African Charter on Human and Peoples’ Rights (African Charter), which guarantees the right to life under Article 4 and the right to assemble freely with others under Article 11. These rights are also respectively protected under sections 33(1) and 40 of the Nigerian Constitution.

Article 6 of the ICCPR prohibits the arbitrary deprivation of life.

Principle 9 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials affirm that:

Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.

Contact

Kaajal Ramjathan-Keogh, Director of ICJ’s Africa Regional Programme, c: +27845148039, e: kaajal.keogh(a)icj.org

Tanveer Jeewa, Communications Officer, tanveer.jeewa(a)icj.org

Homepage photo credit: Tshwanelo Mathwai

Belarus: revoke disbarment of lawyer Aleksandr Pylchenko

Belarus: revoke disbarment of lawyer Aleksandr Pylchenko

The ICJ calls on the Belarus authorities to revoke the disbarment of lawyer Aleksandr Pylchenko and to end harassment or other interference with the work of lawyers in the country.

His disbarment appears to be arbitrary and in violation of rights to freedom of expression as well as international standards on the role of lawyers.

The decision of 15 October 2020 of the Ministry of Justice to disbar the lawyer is clearly related to his work in defence of human rights and his representation of clients, including, opposition leaders or protesters.

This disbarment is part of a pattern of increasing obstruction of lawyers who represent those associated with recent protests in Belarus, including through arrests and detention of lawyers, and prevention of their access to clients.

Aleksandr Pylchenko represented Viktor Babariko and Maria Kolesnikova, two leaders of the opposition in Belarus.

Disbarment proceedings against Mr Pylchenko started as a result of his public criticism of the response of the law enforcement authorities to claims of ill-treatment of protesters.

On 14 August 2020, in a media interview Mr Pylchenko called on the Prosecutor General’s Office to take action, in particular to launch criminal investigations into the ill-treatment of protesters by the police and to remove the Minister of Interior and other officials from their posts because of their involvement in human rights violations.

According to the Ministry of Justice, Mr Pylchenko called for “illegal actions, including blocking and disarming military units” and his statements “mislead the public about the powers of state bodies and do not comply with procedural norms”.

Belarus has obligations under international law to protect the right to freedom of expression (Article 19 ICCPR).  Lawyers have a particular role in publicly raising concerns about violations of the human rights of their clients, or problems in the justice system that lead to violations of human rights.

The UN Basic Principles on the Role of Lawyers affirm that lawyers, like others, are entitled to freedom of expression and in particular, have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights.

Furthermore, the UN Basic Principles on the Role of Lawyers provide that governments must ensure that lawyers ‘are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”. (Principle 23). Lawyers should not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics (Principle 16). They should never be identified with their clients’ causes.

Background:

Following the presidential elections of 9 August 2020 in Belarus, widespread protests across Belarus took place.

On 18 June and 7 September 2020, Victor Babaryka and Maria Kolesnikova, opposition leaders in Belarus, were detained.

There are reports that defence lawyers were denied access to those arrested including in high-profile cases, such as the case of the former presidential candidate Victor Babaryka whose lawyer was not allowed to see his client in the detention centre for significant period of time.

On 9 September 2020, lawyers Ilya Salei and Maxim Znak, were detained allegedly on politically motivated charges.

On 25 September 2020, the Minsk city Oktyabrsky District Court sentenced Luidmila Kazak, lawyer of Maria Kolesnikova, to a fine (220 Euro) for “disobeyance to a lawful order” of a police officer (Article 23.4 of the Code of Administrative Offences). The lawyer stated that the arrest and administrative fine are connected to her legal representation of the opposition leader Maria Kolesnikova.

The ICJ has previously called on Belarus to comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions as well as harassment of lawyers.

Egypt: Ahmed Douma must be immediately removed from solitary confinement and released

Egypt: Ahmed Douma must be immediately removed from solitary confinement and released

Today the ICJ condemned the conviction of prominent Egyptian political activist Ahmed Douma and called for his immediate removal from solitary confinement and release from prison.

Ahmed Douma, political activist and founding member of the now banned 6 April pro-democracy movement established in 2008, was convicted by the South Cairo Criminal Court on Wednesday 9 January 2019.

The conviction, resulting in a sentence of 15 years in a maximum security prison and a six million Egyptian pounds (US$335,000) fine, followed a re-trial on charges under the Penal Code and Law No. 10 of 1914 on Illegal Assembly including using force and violence against military and police officers, disrupting traffic, participating in an illegal assembly for such purposes, burning the Egyptian Scientific Institute, vandalizing public property, and possessing Molotov Cocktails and rocks to vandalize public property.

The charges relate to his involvement in a three-week sit-in protest outside the Cairo Cabinet Offices in November and December 2011 against the Supreme Council of the Armed Forces’ decision to appoint Kamal Al Ganzouri as Prime Minister, and calling for a civilian government during the post-revolution transition period. The protest erupted in clashes between military forces and protestors on 16 December 2011, which lead to the death of 18 protestors by live ammunition, injury of more than 1900 others and property damage. Douma and 268 others were charged with all offences without distinction.

Ahmed Douma has been held in solitary confinement since late 2013 in connection with his conviction in another case.

Before handing down the sentence, Judge Mohamed Shereen Fahmy stated the country was “plagued by the intellectually defeated and the socially […] lost in the maze of life, seeking a position through which they can establish themselves as national symbols, liars, deceivers, and accomplices, […] who one would expect to be the homeland’s protectors, but in reality, they are its worst foes.”

“The harsh sentence is a clear message to all political activists that any political activity or dissent will not be tolerated under Egypt’s military dictatorship,” said Said Benarbia, Director of ICJ’s MENA Programme. “Judge Fahmy’s statement demonstrates he was never independent and impartial, but was implementing the political will of the al-Sisi led government. The Egyptian regime’s politicization of the judiciary means those with opposing views are unlikely to have a fair trial.”

On 22 December 2013, a Cairo Misdemeanor Court convicted Ahmed Douma in another case, along with two other political activists and founding members of the 6 April movement, Ahmed Maher and Mohamed Adel, for “illegally organizing a protest” under Law No. 107 of 2013 on the Right to Public Meetings, Processions and Peaceful Demonstrations. They were sentenced to three years’ imprisonment and fined 50,000 Egyptian pounds (US$7,239) each.

Since that conviction, Douma has been detained in solitary confinement, with minimal time outside his cell each day. Prolonged solitary confinement is prohibited under international law.

“The Egyptian Authorities are subjecting a political activist to severe ill-treatment in reprisal for his participation and his role in the pro-democracy uprisings of January 2011 and as a warning to others to take heed of what will happen should you dare to express your views. Ahmed Douma’s solitary confinement for more than five years is a breach of Egypt’s obligations under international law,” said Said Benarbia.

Contact:

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Egypt-Release Ahmed Douma-News-Web Story-2019-ENG Full press release (English, PDF)

Egypt-Release Ahmed Douma-News-Web Story-2019-ARA Full press release (Arabic, PDF)

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