For Immediate Release:

Nigeria: Man Faces Sharia Stoning Death

(New York, August 29, 2002) - Human Rights Watch today condemned the
imposition of a death by stoning sentence on a man in the northern state
of Jigawa in Nigeria. Earlier this month, an appellate Sharia court in
northern Nigeria upheld a stoning sentence against a 30-year old woman
for having sex outside marriage.

A Sharia (Islamic law) court sentenced Ado Baranda to death by stoning
in May after finding him guilty of raping a nine-year old girl. The
defendant, who is in his fifties, reportedly pleaded guilty and declined
the opportunity to appeal.

"The reason for his decision not to appeal has not been confirmed, but
on the basis of past experience, we are concerned the trial may not have
been fair," said Peter Takirambudde, executive director of the Africa
Division at Human Rights Watch. "The absence of fair trial process is
especially worrying when death sentences are handed down."

Previous trials in Sharia courts in several northern states of Nigeria
have been characterized by an absence of due process. Defendants do not
always have legal representation; they are often ill-informed about
procedures and about their rights. Judges and other court officials
frequently lack legal training.

In January 2002, for the first time since Sharia was extended to cover
criminal cases, a man was sentenced to death and executed. In the trial,
the defendant did not have legal representation and did not take up the
opportunity to appeal.

A spokesman for the Jigawa state government was quoted on August 27 in
the Nigerian newspaper ThisDay and in Agence France Presse (AFP) as
saying, "In Sharia there is no compromise. The only compromise is if
someone should appeal." The government spokesman reportedly also stated
that the governor of Jigawa would not intervene in the case of Ado
Baranda.

Human Rights Watch called on Nigeria's federal government to abolish the
death penalty in Nigeria and ban cruel, inhuman and degrading
punishments such as stoning. Despite statements from senior government
officials, including President Olusegun Obasanjo and Minister of Justice
Kanu Agabi, opposing such punishments and declaring them
unconstitutional, the federal government has yet to prove its
willingness to act.

Human Rights Watch is opposed to the death penalty in all circumstances
because of its inherently cruel and irreversible nature.

"We deplore the crime of which this defendant is accused, and anyone
found guilty of rape should receive a heavy sentence. However, taking
another person's life in the name of justice is not an appropriate
punishment, especially when the fairness of the trial may be in doubt,"
said Takirambudde.

For more information, please contact:

In London, Carina Tertsakian: +44-20-7713-2783
Bronwen Manby: +44-20-7713-2789

--
Jeff Scott
Africa Division
Human Rights Watch
Phone: +1-212-216-1834
Fax: +1-212-736-1300
http://www.hrw.org/africa/index.php
en français, http://www.hrw.org/french/africa/