Nigeria: Csw Welcomes Letter By Un Experts Regarding Public Lynching Of Christian Student
Five United Nations (UN) Special Procedure mandate holders have released a Letter of Allegation that was sent to the Government of Nigeria regarding the public lynching of Christian student Deborah Emmanuel on 12 May 2022, and the subsequent detention of Rhoda Jatau in Bauchi State on 20 May 2022, after she reportedly shared a video on WhatsApp condemning Ms Emmanuel’s murder.
Ms Emmanuel was killed by a mob at her school in Sokoto State, following an unsubstantiated blasphemy allegation.
The Letter of Allegation, also known as a communication, was sent to the Nigerian authorities in August, but was published on 26 October, after the government failed to respond within the required 60-day deadline.
The signatories to the letter are Special Rapporteur on freedom of religion or belief, Nazila Ghanea; Vice-Chair on communications of the Working Group on Arbitrary Detention, Matthew Gillett; Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, and Special Rapporteur on minority issues, Fernand de Varennes.
In the communication the Special Procedures express ‘utter concern’ at the lynching and burning alive of Ms. Emmanuel; the apparent negligence of the police prosecution and the lack of accountability for the perpetrators of her murder.’ They also express concern at ‘the arrest and detention of Ms. Jatau, accused of “blasphemy”, who has been imprisoned for over a year for what appears to be her mere peaceful exercise of her right to freedom of expression and freedom of religion or belief.’
The letter continues: ‘More broadly, we express concern over the criminalization of blasphemy in Nigeria contrary to international human rights law and standards and the rising episodes of violence relating to accusations of blasphemy targeting religious minorities in Nigeria by mob attacks and killings.’
Nigeria acceded to the International Covenant on Civil and Political Rights (ICCPR) in July 1993. However, ‘should they be confirmed, these allegations would contravene articles 3 (non-discrimination), 6 (right to life), 7 (prohibition of torture and ill-treatment), 9 (liberty and security of person), 14 (right to a fair trial), 19 (right to freedom of opinion and expression), 26 (equality before the law) and 27 (rights of minorities) of the ICCPR.’
The Special Procedures also stressed that ‘blasphemy laws have repeatedly shown to violate freedom of religion and belief as well as have a stifling effect on open dialogue and public discourse.’ Furthermore, they reminded the Nigerian authorities that the repeal of such laws has been ‘continuously called for by the Special Rapporteurs on freedom of religion or belief and freedom of opinion and expression and is a recommendation of the Rabat Plan of Action … and Human Rights Committee General Comment No. 34.’
The letter concludes with seven requests for clarifications, including about ‘the status of the investigations and trial in the case of the killing of Ms. Deborah Emmanuel … [and] the factual grounds which led to this public lynching.’ The Special Procedures also request information on ‘the factual and legal grounds for the arrest and detention’ of Mrs Jatau, ‘how it is compatible with Nigeria’s international human rights obligations,’ and information on the compliance of Ms. Jatau’s arrest with guarantees of due process and relevant international human rights standards.’
The publication of the Letter of Allegation coincided with a controversial ruling by the Supreme Court of Nigeria on 26 October, which affirmed the victory of Bola Ahmed Tinubu in the flawed 2023 Presidential Election. The Supreme Court judges had rejected sworn testimony from a court in the United States (US) in which the Registrar of Chicago State University (CSU) stated that the educational certificate submitted by Mr Tinubu to Nigeria’s electoral commission purporting to be from CSU was not from that establishment.
CSW’s UN Officer Claire Denman said: ‘CSW welcomes the Letter of Allegation from the five Special Procedures, including their findings of police negligence and lack of accountability, among other violations and abuses. We commend their robust questioning of the government of Nigeria on the circumstances surrounding Deborah Emmanuel’s brutal death and the unjust detention of Mrs Jatau for peacefully exercising her fundamental rights. We continue to extend our deepest condolences to Ms Emmanuel’s family, and to urge both state and federal authorities to prioritise the arrest and prosecution of Ms Emmanuel’s murderers, to release Mrs Jatau unconditionally, and to end the impunity currently enjoyed by those who weaponise religion to justify the taking of innocent lives. The repeal of the blasphemy provision also remains essential. It is incompatible with the country’s constitutional and international obligations, and is a driver of religious extremism and violence, which in turn critically undermines social cohesion.’