Nigeria
29.01.01
Urgent Interventions
Nigeria: whipping of a teenager
Case NGA 290101 VAW
VIOLENCE AGAINST WOMEN
The International Secretariat of OMCT has received information on the following situation in Nigeria
Brief description of the Situation
The International Secretariat of the World Organisation Against Torture (OMCT) strongly condemns the whipping of the teenager Bariya Ibrahim Magazu. She received 100 lashes on 19 January at the Higher Sharia Court in Tsafe.
In September 2000, Bariya Ibrahim Magazu was found guilty by the Sharia Court in Tsafe, in the northern Nigerian state of Zamfara, of having had sex outside marriage, and of accusing three men of having slept with her without proof. She had told the Court that she was pregnant as a result of being coerced by her father into having sexual intercourse with three men to whom he was indepted. Her evidence was discounted and she was sentenced to 100 lashes for engaging in pre-marital sex and 80 lashes for making unsubstantiated claims against the three men.
Following the birth of her baby in December 2000, the court announced that the sentence would be carried out on 27 January 2001. Lawyers applied to the Sharia Court in Gusau on 9 January for a copy of the trial court proceedings and for a leave to appeal and stay of execution on her behalf. Court officials then announced that her conviction for making false accusations had been overturned, and her sentence had been reduced to 100 lashes. The punishment was reportedly suspended for at least 12 months.
However, in the night of 18 January, the family of Bariya Magazu was informed that the sentence was going to be carried out the following day. In the early morning of 19 January, a car was sent for Bariya Magazu. She was driven to Tsafe and whipped publicly. Afterwards, she was left to walk home. According to information received, her lawyers were not informed that the punishment was going to be carried out.
OMCT is very concerned that Bariya Magazu was flogged while an application for leave to appeal was still pending in the courts. Moreover, OMCT fears the Zamfara’s interpretation of Islamic law does not seem to protect women from rape and other forms of sexual assault. Instead it seems it punishes victims of assault.
OMCT is gravely concerned over the physical and psychological integrity of Bariya Magazu. It unreservedly condemns the use of such punishments which clearly violates international human rights standards as embodied in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights to which Nigeria is a signatory and a State party respectively.
The International Secretariat of OMCT would like to thank all those institutions, organizations and individuals who intervened in this case following OMCT’s public intervention with the Nigerian authorities. All letters addressed to the International Secretariat of OMCT have been forwarded to the Nigerian authorities.
Action requested
Please continue writing to the Nigerian authorities urging them to:
i. guarantee the physical and psychological integrity of Ms Bariya Ibrahim Magazu and provide her with adequate medical treatment;
ii. guarantee an impartial and exhaustive enquiry into the fact that the authorities carried out the flogging on Bariya Ibrahim Magazu without investigating or prosecuting those who abused her, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. take all necessary measures to secure the respect of the rule of law in Nigeria which includes the respect of the prohibition of torture and cruel, inhuman and degrading treatment and punishment, such as the practice of corporal punishment;
iv. guarantee women their human rights, including their right to be free from discrimination and their right to be free from torture and inhuman and degrading treatment or punishment;
v. ensure in all circumstances the full respect of human rights and fundamental freedoms in accordance with national and international standards.
Addresses:
His Exellency Olusegun Obasanjo, President of the republic, Tel: 234 9 523 20 28; Fax:234 9 523 21 36 (press office), Email:president.obasanjo@nigeriagov.org
Chief Bola Ige, Minister of Justice and Attorney General of the Federation, Ministry of Justice, Abuja, Federal Capital Territory, Nigeria, Fax:+ 234 9 523 5208
His Excellency, Alhaji Ahmed Sani, State Governor, Government House, Gusau, Zamfara State, Nigeria
Mamuda Aliyu Dallatun Shinkafi, Deputy State Governor, Government House, Gusau, Zamfara State, Nigeria
The Embassy of Nigeria in your respective countries.
Geneva, January 29, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
VIOLENCE AGAINST WOMEN
The International Secretariat of OMCT has received information on the following situation in Nigeria
Brief description of the Situation
The International Secretariat of the World Organisation Against Torture (OMCT) strongly condemns the whipping of the teenager Bariya Ibrahim Magazu. She received 100 lashes on 19 January at the Higher Sharia Court in Tsafe.
In September 2000, Bariya Ibrahim Magazu was found guilty by the Sharia Court in Tsafe, in the northern Nigerian state of Zamfara, of having had sex outside marriage, and of accusing three men of having slept with her without proof. She had told the Court that she was pregnant as a result of being coerced by her father into having sexual intercourse with three men to whom he was indepted. Her evidence was discounted and she was sentenced to 100 lashes for engaging in pre-marital sex and 80 lashes for making unsubstantiated claims against the three men.
Following the birth of her baby in December 2000, the court announced that the sentence would be carried out on 27 January 2001. Lawyers applied to the Sharia Court in Gusau on 9 January for a copy of the trial court proceedings and for a leave to appeal and stay of execution on her behalf. Court officials then announced that her conviction for making false accusations had been overturned, and her sentence had been reduced to 100 lashes. The punishment was reportedly suspended for at least 12 months.
However, in the night of 18 January, the family of Bariya Magazu was informed that the sentence was going to be carried out the following day. In the early morning of 19 January, a car was sent for Bariya Magazu. She was driven to Tsafe and whipped publicly. Afterwards, she was left to walk home. According to information received, her lawyers were not informed that the punishment was going to be carried out.
OMCT is very concerned that Bariya Magazu was flogged while an application for leave to appeal was still pending in the courts. Moreover, OMCT fears the Zamfara’s interpretation of Islamic law does not seem to protect women from rape and other forms of sexual assault. Instead it seems it punishes victims of assault.
OMCT is gravely concerned over the physical and psychological integrity of Bariya Magazu. It unreservedly condemns the use of such punishments which clearly violates international human rights standards as embodied in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights to which Nigeria is a signatory and a State party respectively.
The International Secretariat of OMCT would like to thank all those institutions, organizations and individuals who intervened in this case following OMCT’s public intervention with the Nigerian authorities. All letters addressed to the International Secretariat of OMCT have been forwarded to the Nigerian authorities.
Action requested
Please continue writing to the Nigerian authorities urging them to:
i. guarantee the physical and psychological integrity of Ms Bariya Ibrahim Magazu and provide her with adequate medical treatment;
ii. guarantee an impartial and exhaustive enquiry into the fact that the authorities carried out the flogging on Bariya Ibrahim Magazu without investigating or prosecuting those who abused her, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. take all necessary measures to secure the respect of the rule of law in Nigeria which includes the respect of the prohibition of torture and cruel, inhuman and degrading treatment and punishment, such as the practice of corporal punishment;
iv. guarantee women their human rights, including their right to be free from discrimination and their right to be free from torture and inhuman and degrading treatment or punishment;
v. ensure in all circumstances the full respect of human rights and fundamental freedoms in accordance with national and international standards.
Addresses:
His Exellency Olusegun Obasanjo, President of the republic, Tel: 234 9 523 20 28; Fax:234 9 523 21 36 (press office), Email:president.obasanjo@nigeriagov.org
Chief Bola Ige, Minister of Justice and Attorney General of the Federation, Ministry of Justice, Abuja, Federal Capital Territory, Nigeria, Fax:+ 234 9 523 5208
His Excellency, Alhaji Ahmed Sani, State Governor, Government House, Gusau, Zamfara State, Nigeria
Mamuda Aliyu Dallatun Shinkafi, Deputy State Governor, Government House, Gusau, Zamfara State, Nigeria
The Embassy of Nigeria in your respective countries.
Geneva, January 29, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.