No alla Pena di Morte - NO to the Death penalty

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NO alla Pena di Morte
Campagna Internazionale

NIGERIA: AMINA, RINVIATA UDIENZA APPELLO PER LAPIDAZIONE

KATSINA (NIGERIA), 3 GIU - Un tribunale islamico del nord della Nigeria ha rimandato per la seconda volta il processo di appello a carico di AMINA Lawal Kurami, condannata alla lapidazione per adulterio e per la cui salvezza si sono mobilitate le organizzazioni internazionali per i diritti umani.

Lo hanno reso noto fonti giudiziarie di Katsina poco prima che i giudici si riunissero. E' la seconda volta che la Corte superiore di appello della sharia di Katsina rinvia l'udienza, inizialmente fissata per il 25 marzo scorso.

Come era gia' successo nel caso del primo rinvio, hanno spiegato le fonti, anche questa volta l'udienza e' stata rinviata perche' non e' stato raggiunto il quorum dei giudici (cinque) necessario per conferire al dibettimento piena validita' legale.

In teoria la condanna a morte di AMINA al centro dell' appello, dovrebbe essere eseguita il prossimo gennaio, quando sara' finito il periodo di allattamento della bambina che rappresenta la prova dell'adulterio.

Nigerian court adjourns mother of three Lawal's
stoning appeal again

KATSINA, Nigeria - An Islamic court in northern Nigeria adjourned for the second time an appeal hearing against the sentence to death by stoning of mother of three Amina Lawal, court officials told AFP.

The Sharia Appeal Court in Katsina put off to August 27 the appeal by the 33-year-old mother against her conviction by a lower Sharia court in March 2002 for having sex outside marriage.

Appeal court registrar Dalhat Abubakar said the hearing could not go ahead because there was not a quorum of judges.

Lawal's case has sparked local and international anger, especially by rights activitists who have questioned the legality of the death sentence.

The Sharia legal system is in practice in 12 of Nigeria's 36 states, despite opposition by the country's central authorities and the west African country's Christian community.

Lawal's appeal was to be heard in March, but the hearing was delayed until Tuesday.

NIGERIA:

On 3 June, the hearing of Amina Lawal's appeal was adjourned again until 27 August 2003. According to the registrar of the Sharia Court of Appeal of Katsina State, the hearing could not take place due to lack of quorum of members of the tribunal. 2 of the judges were reportedly serving on ad-hoc elections tribunals, constituted after general elections in April and May 2003.

The position of Amnesty International: 1. AI considers that Amina Lawal's right to legal representation, appeal and a fair trial are being respected and the organisation does not wish to interfere in the judicial process. AI calls on the state authorities for these rights to be respected in this and all the other cases under Sharia penal legislation. However, while appreciating that Amina is not in detention, AI calls for her process to be pursued with promptness. 2. AI also notes that the hearing of the appeal Ahmadu Ibrahim and Fatima Usman against their death sentence for "Zina" is due to take place on 4 June 2003. As in the case of Amina, AI considers that their right to legal representation and appeal are being respected at this stage. However, AI has serious reservations as to how the process was conducted in its early instances, since the same court that condemned them in the first place allegedly reverted its sentence without the presence of the parties.(*) 3. AI calls on the President of the Federal Republic of Nigeria to revoke all death sentences and cruel, inhuman and degrading punsishments, including those of Amina Lawal, Ahmadu Ibrahim and Fatima Usman, should he, at the end of the judicial process, need to exercise his prerrogative of mercy. 4. AI also calls on the Federal Government to abolish the death penalty and other cruel, inhuman and degrading punishments at all level of the Nigerian legislation, including the Sharia penal legislation. (*) AHMADU IBRAHIM (m) and FATIMA USMAN (f) were originally convicted on 23 May 2003 of extra-marital sex by the Upper Sharia Court Gawu-Babangida in Niger State and sentenced to five years in jail as they failed to pay a fine. On 27 August 2003, the same court allegedly reversed its former judgement without the presence of the parties or their legal representatives and sentenced the couple "in absentia" to death by stoning. Ahmadu and Fatima were held in prison until 23 October 2002, when they were granted bail appending appeal on humanitarian grounds. Fatima was at a very advance stage of pregnancy and could deliver at any time. Ahmadu's parents are very old and depend on him to survive.