MOTION FOR A RESOLUTION
18.11.2008
pursuant to Rule 115 of the Rules of Procedure
by Michael Gahler, Mario Mauro, Laima Liucija Andrikienė, Bernd Posselt, Eija-Riitta Korhola
on behalf of the PPE-DE Group
on the use of the death penalty in Nigeria
See also joint motion for a resolution RC-B6-0602/2008
B6‑0607/2008
European Parliament resolution on the use of the death penalty in Nigeria
The European Parliament,
having regard to its previous resolutions on human rights violations in country-regioncountry-regioncountry-regionNigeria,
- having regard to the international and regional human rights instruments and the moratorium on the use of the death penalty by country-regioncountry-regioncountry-regionNigeria,
- having regard to the International Covenant on Civil and Political Rights signed by country-regioncountry-regioncountry-regionNigeria,
- having regard to the African Charter on Human and People’s rights, ratified on 22 June 1983,
- having regard to Rule 115(5) of its Rules of Procedure,
A. whereas, despite efforts made in recent years by the Nigerian Government to promote human rights and to stem corruption and despite some improvements in respect for civil and political rights, a number of urgent and basic human rights issues remain to be addressed and whereas the country remains marred by corruption, arbitrary arrests and torture, extrajudicial killings and political violence,
B. whereas ethnic and religious divisions, as well as widespread poverty, are major causes of chronic inter-communal violence,
C. whereas Islamic Sharia courts have jurisdiction over criminal cases in 12 of Nigeria's 36 States; whereas these courts continue to hand down death sentences as well as sentences of flogging and amputation; whereas, although executions and amputations are no longer being carried out, trials do not conform to international standards, for instance with regard to the right to a lawyer and informing the accused of their rights, and they tend to discriminate against women,
D. whereas impunity remains the rule rather than the exception, since very few of the perpetrators of violence and human rights violations are investigated and brought to justice, and whereas such impunity is in itself one of the most important obstacles to tackling and ending human rights abuses and violence,
E. whereas insufficient capacity and lack of resources of the Nigerian police force limit the possibilities of investigating crimes and also result in large numbers of people being held in extended pre-trial detention in violation of their rights,
F. whereas freedom of expression remains limited by the continued harassment of national and international journalists and political activists,
1. Strongly condemns the Nigerian Government for not effectively putting in place measures to prevent the passing of the death sentence and other sentences of a degrading nature against its citizens in parts of the country and calls on the Nigerian Government to formally abolish the death penalty and prohibit the abovementioned degrading sentences under Sharia law that violate the Nigerian Constitution as well as international human rights law;
2. Calls on the Nigerian Government to take immediate and effective measures to protect its citizens, put an end to violence, widespread corruption and impunity for the perpetrators of human rights violations, and to actively promote respect for human rights;
3. Calls for support of the activities of the African Commission's working group on the Death Penalty in drafting a protocol to the African Charter interdicting the death penalty, making its reestablishment impossible and precluding that Article 4 of the African Charter be read as a ban to impose the death penalty by any African state;
4. Instructs its President to forward this resolution to the Council, the Commission, the AU Commission and the Pan African Parliament, the ECOWAS and the Federal Government and Parliament of Nigeria.