AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

In defiance of a court order, Nigerian government authorities have refused to release medical doctor Frederick Fasheun, Chairman of the Campaign for Democracy. On 21 January 1997, the Federal High Court in Lagos called for Dr. Fasheun's release on the grounds that his arrest and detention were illegal and an abuse of state power. Since his arrest on 18 December 1996, Dr. Fasheun has been detained under the military's State Security (Detention of Persons) Decree, No. 2 of 1984, which allows any individual judged to be a threat to state security to be detained incommunicado without charge or trial indefinitely. The government alleges that Dr. Fasheun was involved in recent bomb attacks in Lagos. However, no evidence of Dr. Fasheun's use or advocacy of violence was presented to the court when officials filed for an appeal against the court order on 30 January 1997. The government may be using the recent bombings in Lagos as a pretext to detain members of opposition groups like the Campaign for Democracy, a coalition of pro-democracy and human rights groups, which has been campaigning for Nigeria's return to civilian rule since the 1980s.

State Security Decree No. 2 excludes court jurisdiction over such detentions, thereby leaving individuals with no legal recourse. Criticism by the U.N. Secretary-General's Mission to Nigeria in 1996 led to the implementation of a review process for detentions under the decree. However, the review process has reportedly been far from impartial; it is conducted in secret and is headed by security officials, thus providing no safeguards for detainees against torture and arbitrary detention.

The continued detention of Dr. Fasheun is a clear violation of international human rights standards, including those enumerated in the Universal Declaration of Human Rights (UDHR), as well as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People's Rights (African Charter), both to which Nigeria is a State Party. These rights include freedom from arbitrary arrest and detention (Articles 3 and 9 of the UDHR, Article 9 of the ICCPR, and Article 6 of the African Charter); freedom of expression (Article 19 of the UDHR, Article 19 of the ICCPR, and Article 9 of the African Charter); and freedom of association (Article 20 of the UDHR, Article 22 of the ICCPR, and Article 10 and 11 of the African Charter).

(Source of information for this case includes Amnesty International Urgent Action Alerts 20 December 1996 and 4 February 1997. )

RECOMMENDED ACTION:

Please send telexes, telegrams, faxes, or airmail letters:

• urging Dr. Fasheun's immediate release if charges are not immediately brought against him;
• demanding that he be assured a fair and prompt trial; and
• requesting that Dr. Fasheun be allowed access to his family, legal representation of his choosing, and appropriate medical care.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

General Sani Abacha
Chairman, Provisional Ruling Council
State House, Abuja, Federal Capital Territory
NIGERIA


Dr. Auwalu Hamisu Yadudu
Special Adviser to the Head of State on Judicial M
State House, Abuja, Federal Capital Territory
NIGERIA


Alhaji Ibrahim Coomasie
Inspector General of Police
Nigeria Police Force Headquarters
Garki, Abuja
NIGERIA

COPIES SENT TO:

Chief Tom Ikimi
Minister of Foreign Affairs
Ministry of Foreign Affairs, Maputo Street
PMB 130, Abuja, Federal Capital Territory
NIGERIA


The Editor, Sunday Punch
PMB 21204, Ikeja, Lagos
NIGERIA


The Editor, Daily Times
PMB 21340, Ikeja, Lagos
NIGERIA



The Editor, Nigerian Tribune
PO Box 78, Ibadan, Oyo State
NIGERIA


The Editor, Tempo
PMB 21531, Ikeja, Lagos
NIGERIA

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