Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
sent “an urgent complaint to the United Nations Working Group on
Arbitrary Detention over the arbitrary detention, torture and other
ill-treatment of journalist Omoyele Sowore and four other activists
simply for peacefully exercising their human rights.”
![image](/2020/10/lawreport.jpg")
SERAP said: “The Working Group should request the Nigerian
authorities to withdraw the bogus charges against Mr Sowore and
four other activists, and to immediately and unconditionally
release them.”
![image](/2020/10/NWLRland.jpg")
In the complaint dated 4 January, 2021, and signed by SERAP
deputy director Kolawole Oluwadare, the organization said: “The
detention of Omoyele Sowore and four other activists constitutes an
arbitrary deprivation of their liberty because it does not have any
legal justification. The detention also does not meet minimum
international standards of due process.”
According to SERAP: “The arrest, continued detention and torture
and ill-treatment of Mr Sowore and four other activists solely for
peacefully exercising their human rights to freedom of expression
and peaceful assembly is a flagrant violation of the Nigerian
Constitution, 1999 (as amended) and international human rights law.
They are now facing bogus charges simply for exercising their human
rights.”
SERAP is calling on the Working Group to “initiate a procedure
involving the investigation of the detention, torture and bogus
charges against Mr Sowore and four other activists, and to urgently
send an allegation letter to the Nigerian government inquiring
about the case generally, and specifically about the legal basis
for their arrest, detention, torture and other ill-treatment, each
of which is in violation of international human rights law.”
SERAP is also urging the Working Group to “issue an opinion
declaring that the deprivation of liberty and detention of Mr
Sowore and four other activists is arbitrary and in violation of
Nigeria’s Constitution and obligations under international human
rights law. We also urge the Working Group to call for their
immediate and unconditional release.”
According to SERAP, “We urge the Working Group to request the
Nigerian government to investigate and hold accountable all police
officers and security agents suspected to be responsible for the
unlawful arrest, continued detention, and torture and other
ill-treatment of Mr Sowore and four other activists.”
SERAP is also calling on the Working Group “to request the
Nigerian government to award Mr Sowore and four other activists
adequate compensation for the violations they have suffered as a
result of their unlawful arrest, arbitrary detention, torture and
other ill-treatment.”
SERAP also argued that: “A detention is arbitrary when it is
clearly impossible to invoke any legal basis justifying the
deprivation of liberty. Article 9(1) of the International Covenant
on Civil and Political Rights, which confirms the right to liberty
and freedom from arbitrary detention, guarantees that no one shall
be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.”
The complaint addressed to Mr. José Guevara Bermúdez
Chairman/Rapporteur of the Working Group, read in part: “The Human
Rights Committee has interpreted this right to mean that procedures
for carrying out legally authorized deprivation of liberty should
also be established by law and State parties should ensure
compliance with their legally prescribed procedures.”
“Pursuant to the mandate of the Working Group, the “Manual of
Operations of the Special Procedures of the Human Rights Council”
and the publication “Working with the UN Human Rights Programme, a
Handbook for Civil Society”, SERAP, a non-governmental human rights
organization, can provide information on a specific human rights
case or situation in a particular country, or on a country’s laws
and practices with human rights implications.”
“SERAP therefore argues that the case adequately satisfies the
requirements by which to submit an individual complaint to the UN
Working Group on Arbitrary Detention.”
“SERAP is therefore seeking an opinion from the Working Group
finding the continuing detention of Mr Sowore and four other
activists to be arbitrary and in violation of Nigeria’s
Constitution and obligations under international law.”
“Accordingly, it is hereby requested that the Working Group
consider this Individual Complaint a formal request for an opinion
of the Working Group pursuant to Resolution 1997/50 of the
Commission on Human Rights, as reiterated by Resolutions 2000/36,
2003/31, and Human Rights Council Resolutions 6/4, 15/18, 20/16,
and 24/7.”
“SERAP respectfully requests the Working Group to initiate the
procedure involving the investigation of individual cases toward
reaching an opinion declaring the detention of Mr Sowore and four
other activists to be arbitrary and in violation of international
human rights law. To this end, SERAP will pursue the regular
communications procedure before the Working Group in order to have
the ability to provide comments on any response by the Nigerian
government.”
“On the midnight of 1st January, 2021, Mr Sowore and four other
activists were arrested by the officers of Nigeria Police Force,
particularly men dispatched from Apo Division, Abuja, at the
#CrossoverWithProtest, a planned procession across the country on
New Year Eve. They were reportedly subjected to severe torture and
other ill-treatment, and Sowore was left with bruises in his nose
and all over his body in an apparently the use of excessive force
by the police officers.”
“Sowore and four other activists were arraigned at the
Magistrate Court in Wuse Zone 2 on Monday, 4th January, 2021 on
three charges of criminal conspiracy, unlawful assembly, and
attempting to incite others. Sowore denied all the charges, but the
Magistrate ordered that he, alongside other activists, be remanded
in Kuje Prison. He was denied access to his friends and family for
days. The authorities have also refused to provide him with medical
attention despite overt marks of torture and other ill-treatment he
reportedly suffered.”
Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
sent “an urgent complaint to the United Nations Working Group on
Arbitrary Detention over the arbitrary detention, torture and other
ill-treatment of journalist Omoyele Sowore and four other activists
simply for peacefully exercising their human rights.”
SERAP said: “The Working Group should request the Nigerian
authorities to withdraw the bogus charges against Mr Sowore and
four other activists, and to immediately and unconditionally
release them.”
In the complaint dated 4 January, 2021, and signed by SERAP
deputy director Kolawole Oluwadare, the organization said: “The
detention of Omoyele Sowore and four other activists constitutes an
arbitrary deprivation of their liberty because it does not have any
legal justification. The detention also does not meet minimum
international standards of due process.”
According to SERAP: “The arrest, continued detention and torture
and ill-treatment of Mr Sowore and four other activists solely for
peacefully exercising their human rights to freedom of expression
and peaceful assembly is a flagrant violation of the Nigerian
Constitution, 1999 (as amended) and international human rights law.
They are now facing bogus charges simply for exercising their human
rights.”
SERAP is calling on the Working Group to “initiate a procedure
involving the investigation of the detention, torture and bogus
charges against Mr Sowore and four other activists, and to urgently
send an allegation letter to the Nigerian government inquiring
about the case generally, and specifically about the legal basis
for their arrest, detention, torture and other ill-treatment, each
of which is in violation of international human rights law.”
SERAP is also urging the Working Group to “issue an opinion
declaring that the deprivation of liberty and detention of Mr
Sowore and four other activists is arbitrary and in violation of
Nigeria’s Constitution and obligations under international human
rights law. We also urge the Working Group to call for their
immediate and unconditional release.”
According to SERAP, “We urge the Working Group to request the
Nigerian government to investigate and hold accountable all police
officers and security agents suspected to be responsible for the
unlawful arrest, continued detention, and torture and other
ill-treatment of Mr Sowore and four other activists.”
SERAP is also calling on the Working Group “to request the
Nigerian government to award Mr Sowore and four other activists
adequate compensation for the violations they have suffered as a
result of their unlawful arrest, arbitrary detention, torture and
other ill-treatment.”
SERAP also argued that: “A detention is arbitrary when it is
clearly impossible to invoke any legal basis justifying the
deprivation of liberty. Article 9(1) of the International Covenant
on Civil and Political Rights, which confirms the right to liberty
and freedom from arbitrary detention, guarantees that no one shall
be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.”
The complaint addressed to Mr. José Guevara Bermúdez
Chairman/Rapporteur of the Working Group, read in part: “The Human
Rights Committee has interpreted this right to mean that procedures
for carrying out legally authorized deprivation of liberty should
also be established by law and State parties should ensure
compliance with their legally prescribed procedures.”
“Pursuant to the mandate of the Working Group, the “Manual of
Operations of the Special Procedures of the Human Rights Council”
and the publication “Working with the UN Human Rights Programme, a
Handbook for Civil Society”, SERAP, a non-governmental human rights
organization, can provide information on a specific human rights
case or situation in a particular country, or on a country’s laws
and practices with human rights implications.”
“SERAP therefore argues that the case adequately satisfies the
requirements by which to submit an individual complaint to the UN
Working Group on Arbitrary Detention.”
“SERAP is therefore seeking an opinion from the Working Group
finding the continuing detention of Mr Sowore and four other
activists to be arbitrary and in violation of Nigeria’s
Constitution and obligations under international law.”
“Accordingly, it is hereby requested that the Working Group
consider this Individual Complaint a formal request for an opinion
of the Working Group pursuant to Resolution 1997/50 of the
Commission on Human Rights, as reiterated by Resolutions 2000/36,
2003/31, and Human Rights Council Resolutions 6/4, 15/18, 20/16,
and 24/7.”
“SERAP respectfully requests the Working Group to initiate the
procedure involving the investigation of individual cases toward
reaching an opinion declaring the detention of Mr Sowore and four
other activists to be arbitrary and in violation of international
human rights law. To this end, SERAP will pursue the regular
communications procedure before the Working Group in order to have
the ability to provide comments on any response by the Nigerian
government.”
“On the midnight of 1st January, 2021, Mr Sowore and four other
activists were arrested by the officers of Nigeria Police Force,
particularly men dispatched from Apo Division, Abuja, at the
#CrossoverWithProtest, a planned procession across the country on
New Year Eve. They were reportedly subjected to severe torture and
other ill-treatment, and Sowore was left with bruises in his nose
and all over his body in an apparently the use of excessive force
by the police officers.”
“Sowore and four other activists were arraigned at the
Magistrate Court in Wuse Zone 2 on Monday, 4th January, 2021 on
three charges of criminal conspiracy, unlawful assembly, and
attempting to incite others. Sowore denied all the charges, but the
Magistrate ordered that he, alongside other activists, be remanded
in Kuje Prison. He was denied access to his friends and family for
days. The authorities have also refused to provide him with medical
attention despite overt marks of torture and other ill-treatment he
reportedly suffered.”