News Release Issued by the International Secretariat of Amnesty International

AI Index: AFR 44/032/2003 25 September 2003

Nigeria: Amina Lawal's death sentence quashed at last but questions remain
about discriminatory legislation

Amnesty International welcomes the decision today by the Sharia Court of
Appeal of Katsina State, in northern Nigeria to quash Amina Lawal's
sentence to death by stoning handed down by a Sharia court at Bakori, in
Katsina State on 22 March 2002.

According to her defence lawyer, Amina Lawal was freed on the grounds that
neither the conviction nor the confession were legally valid. Therefore no
offence as such was established.

"Amina Lawal's case should not have been brought to a court of law in the
first instance. Nobody should ever be made to go through a similar ordeal,"
Amnesty International said.

Amnesty International also welcomes the stand taken by women's groups who
have mobilised ahead of today's ruling and who have condemned the
gender-biased attitude in the decisions of some Sharia courts in Nigeria.

While Amina Lawal's conviction was quashed, an appeal for another court
case involving a death penalty sentence against Fatima Usman and Ahmadu
Ibrahim is still pending with a Sharia Court of Appeal in Minna, Niger
State. This shows that the work in support of women and men exercising
their right to freedom of expression and association, freedom from
discrimination and the right to privacy.

"The death penalty is the ultimate violation of the right to life and also
constitutes a cruel, inhuman and degrading punishment, and is in all
circumstances. Amnesty International calls on the Nigerian government and
civil society to seize this opportunity and address an issue that has
caused unnecessary harm and distress for many Nigerian citizens," Amnesty
International added.

The federal government of Nigeria should take steps to abolish the death
penalty and amend all pieces of legislation which introduce the death
penalty as well as cruel, inhuman and degrading punishments at all levels
of the Nigerian legislation, including the Shari'ah penal legislation.

Amnesty International reminds that punishments such as stoning, flogging or
amputation, included in the new legislation are considered cruel, inhuman
and degrading treatment by international human rights standards. These
punishments are in complete contradiction with the Convention against
Torture ratified by the Republic of Nigeria in June 2001.

Consensual sexual relations outside marriage between adults are not
recognizable criminal offences under emerging international human rights
standards. The Human Rights Committee which held that: "... it is
undisputed that adult consensual sexual activity in private is covered by
the concept of 'privacy'." Charging and detaining women for sexual
relations violates their right to free expression and association, freedom
from discrimination, and the right to privacy.

Amnesty International continues the campaign to call for the abolition of
all discriminatory laws and opposes the criminalization of consensual
sexual activity between adults in private and the imprisonment of anyone
solely on that basis.

Background

Amina Lawal was found guilty by a Sharia Court in March 2002 after bearing
a child outside marriage. Under new Sharia Penal Legislations in force in
several northern Nigerian states since 1999, this was sufficient for her to
be convicted of the offence of adultery as defined in the new Sharia Penal
laws of Katsina state and summoned to appear before a Sharia tribunal to
respond to this charge which now carries the mandatory punishment of death
by stoning. The request of appeal for Amina Lawal's court case went through
several adjournments before this last hearing.

How Much More Suffering under Sharia Penal Legislation? Take action!
http://amnesty-news.c.tclk.net/maabueYaa0MnXbb0iygb/ [2]

All AI Documents on Nigeria:
http://amnesty-news.c.tclk.net/maabueYaa0MnYbb0iygb/ [3]

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