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NIGERIA
‘WAITING FOR THE HANGMAN’
47
SAFEGUARDS FOR FAIR TRIALS
Article 14 of the ICCPR sets out standards of fair trial. These include the right of anyone
facing a criminal charge to a fair and public hearing by a competent, independent and
impartial tribunal; the right to be presumed innocent until proved guilty; the right to be
informed promptly and in detail in a language which they understand of the nature and
cause of the charges against them; the right to adequate time and facilities to prepare a
defence; the right to communicate with counsel of the defendant’s choosing; the right to
free legal assistance for defendants unable to pay for it; the right to examine witnesses
for the prosecution and to present witnesses for the defence; the right to free assistance
of an interpreter if necssary; the right not to be compelled to testify against themselves or
to confess guilt; and the right to appeal to a higher court. The African Charter on Human
and People’s Rights (Article 7) also sets out standards for fair trial.
The UN Human Rights Committee has stated that the imposition of a death sentence after
a trial in which the provisions of the ICCPR have not been respected constitutes a violation of
the right to life. Among the features of cases in which the Committee has found violations of
the right to life after unfair trials are inadequate legal representation, undue delay in bringing
a case to trial, trial before a military court, refusal to allow the defendant to call witnesses, and
the defendant being compelled to confess guilt.
The UN Special Rapporteur on extrajudicial, summary or arbitrary executions has stated
that fair trial safeguards in death penalty cases must be implemented in all cases without
exemption or discrimination. The Special Rapporteur has stressed that trials in death
penalty cases must conform to the highest standards of independence, competence,
objectivity and impartiality of judges and juries, that defendants must benefit from the
services of a competent defence counsel at every stage of the proceedings, and that
they must be presumed innocent until their guilt has been proved beyond a reasonable
doubt, in strict application of the highest standards for the gathering and assessment
of evidence.
A MORATORIUM ON EXECUTIONS AND ABOLITION OF THE
DEATH PENALTY
In light of the growing concerns about the application of the death penalty and of the
momentum towards abolition, various international and regional intergovernmental bodies
have recommended establishing a worldwide moratorium on executions as a step towards
abolition of capital punishment. In 1999 the African Commission on Human and Peoples’
Rights adopted a resolution which called upon all states that still maintain the death penalty
to consider establishing a moratorium on executions.
The UN reaffirmed and strengthened its position against the death penalty in December
2007 when the General Assembly adopted a resolution calling on all UN member states
to establish a moratorium on executions with a view to abolishing the death penalty. 177
Index: AFR 44/020/2008 Amnesty International October 2008