Islamic law courts in northern Nigeria had failed to...
Islamic law courts in northern Nigeria had failed to respect due legal process and human rights, resulting in discriminatory and harsh sentences, Human Rights Watch said
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Islamic law courts in northern Nigeria had failed to respect due legal process and human rights, resulting in discriminatory and harsh sentences, Human Rights Watch said. The New York-based rights group said in a new report that northern state governors "have used Islamic law as a political tool while condoning serious abuses".
The 111-page report documented human rights violations since Sharia was introduced to cover criminal law in 12 northern states.
It said that since 2000 "at least 10 people have been sentenced to death and dozens sentenced to amputation and floggings."
"The majority have been tried without legal representation. Many sentenced to amputation were convicted on confessions extracted under torture by the police", it said.
Judges in Sharia courts, most of whom have not received adequate training, had failed to inform defendants of their rights.
"If the Sharia courts had respected the due process rights enshrined in Nigeria's constitution, many of these sentences would never have been imposed," said Peter Takirambudde, executive director of Human Rights Watch's Africa Division.
State governments and Sharia courts have not only failed to respect international human rights standards, they have also disregarded what many Muslims argue are key principles of Sharia itself," said Takirambudde.
"They have concentrated on the harsh aspects of Islamic law while ignoring its principles of generosity and compassion."
The report highlighted discrimination against women under Sharia legislation.
It said that women had been especially affected in cases of adultery or extramarital sex, where standards of evidence differed for men and for women, and pregnancy was considered sufficient evidence to convict a woman.
The Human Rights Watch report called on federal and state governments in Nigeria and judicial officials to amend provisions of the Sharia state legislation that violated human rights, particularly provisions for death sentences, amputations and floggings, as well as provisions that discriminated against women.
The 111-page report documented human rights violations since Sharia was introduced to cover criminal law in 12 northern states.
It said that since 2000 "at least 10 people have been sentenced to death and dozens sentenced to amputation and floggings."
"The majority have been tried without legal representation. Many sentenced to amputation were convicted on confessions extracted under torture by the police", it said.
Judges in Sharia courts, most of whom have not received adequate training, had failed to inform defendants of their rights.
"If the Sharia courts had respected the due process rights enshrined in Nigeria's constitution, many of these sentences would never have been imposed," said Peter Takirambudde, executive director of Human Rights Watch's Africa Division.
State governments and Sharia courts have not only failed to respect international human rights standards, they have also disregarded what many Muslims argue are key principles of Sharia itself," said Takirambudde.
"They have concentrated on the harsh aspects of Islamic law while ignoring its principles of generosity and compassion."
The report highlighted discrimination against women under Sharia legislation.
It said that women had been especially affected in cases of adultery or extramarital sex, where standards of evidence differed for men and for women, and pregnancy was considered sufficient evidence to convict a woman.
The Human Rights Watch report called on federal and state governments in Nigeria and judicial officials to amend provisions of the Sharia state legislation that violated human rights, particularly provisions for death sentences, amputations and floggings, as well as provisions that discriminated against women.
— SOURCES
- (Sources: Agence France Presse, 21/09/2004)
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