International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interights (on behalf of Ken Saro-Wiwa Jnr.) / Nigeria - 137/94-139/94-154/96-161/97

share

For the above reasons, the Commission

Decides that there has been a violation of Articles 5 and 16 in relation to Ken Saro-Wiwa’s detention in 1993 and his treatment in detention in 1994 and 1995;

Decides that there has been a violation of Article 6 in relation to the detention of all the victims under the State Security (Detention of Persons) Act of 1984 and State Security (Detention of Persons) Amended Decree No. 14 (1994). The government therefore has the obligation to annul these Decrees;

Reiterates its decision on communication 87/93 that there has been a violation of Article 7.1.d and with regard to the establishment of the Civil Disturbances Tribunal. In ignoring this decision, Nigeria has violation Article 1 of the Charter;

Decides that there has been a violation of Article 4 and 7 (1) (a), (b) (c) and (d) in relation to the conduct of the trial and the execution of the victims;

Holds that there has been a violation of Articles 9(2), 10(1) and 11, 26, 16;

Holds that in ignoring its obligations to institute provisional measures, Nigeria has violated Article 1.

Banjul, 31st October 1998.