Libya Halts Execution of Convicted Nigerians.
Presidential Pardon - Col Mhamoud Ghadaffi of Libya
The Government of Col Mhamoud Ghadaffi of Libya has halted the execution of convicted Nigerians who are currently on death row in the country.
The decision followed the final determination of the case brought by Socio-Economic Rights and Accountability Project (SERAP) before the African Commission on Human and Peoples’ Rights, in Banjul, The Gambia
The decision by Libya followed a provisional measure issued by the African Commission ordering the government to suspend the execution of Nigerians on death row in that country.
The commission is the body charged with overseeing states’ compliance with their legal obligations under the African Charter on Human and Peoples’ Rights.
The information on the compliance by Libya with the commission’s provisional measures was contained in a paper titled ‘Debating the death penalty-Experiences from different regions,’ dated September 25, 2009 and presented by a member of the African Commission, Ms Catherine Modupe Atoki, at the International Peace Institute in New York.
In the paper, Ms Atoki said that “Early September this year, a communication was filed with the African Commission against Libya by a Nigerian Non-Governmental Organisation, Socio-Economic Rights and Accountability Project (SERAP).
“It alleged that over 200 Nigerians are on death row for offences ranging from immigration, murder, drug and armed robbery. The commission requested from the President of Libya a provisional measure to stay execution pending the determination of the communication. Happily, the president obliged and for now there is a hold on the execution of the convicted persons.”
It would be recalled that SERAP had through its Solicitor Femi Falana filed before the African Commission a communication dated September 6, 2009 alleging “serious, persistent and irreparable violations of the Complainants’ rights to life; to communicate with their embassy or consular post; to competent and effective legal representation; to trial within a reasonable time or to a release; to trial by a competent, independent and impartial tribunal established by law; to the presumption of innocence; to an interpreter and to translation; to appeal to an independent and impartial tribunal, and fair trial guarantees during appeals.”
Following this communication, the Commission in the Provisional Measures with reference number ACHPR/PROVM/LIB/01/75. 09 dated September 9, 2009, and signed by Commissioner Bahame Tom Mukirya NYANDUGA, Acting Chairperson of the African Commission, said that it is “seriously concerned about the allegations that several Nigerians are held on death row, while others are held in prison under inhuman and degrading treatment in Libya.”
The Provisional Measures reads in part “The complaint has been registered as a communication against Libya. I would also like to inform you that the communication shall be tabled before the African Commission, for seizure during its next Ordinary Session, which is scheduled to take place from 11-25 November 11-25, 2009, and will subsequently be sent to the authorities.”
The Commission also said: “In accordance with Rule 111(3) of the Rules of Procedure of the African Commission, I urge you to intervene in the matter with the view of preventing irreparable damage being caused to the victims while the African Commission inquires about the veracity of the Complaint.
“The appeal is particularly pertinent in respect of the imprisoned Nigerians, whom the Complainant alleges that they await the death penalty.”
Source: National Independence.
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