SERAP made this opinion known in the open letter dated 2 November 2024 and signed by its deputy director Kolawole Oluwadare.
Socio-Economic Rights and Accountability Project (SERAP) has sent out a message to President Bola Tinubu about the minors being detained by for being alleged traitors.
SERAP urged Tinubu to use his “leadership position and good offices to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN to take urgent steps to ensure the immediate and unconditional release of all the #EndBadGovernance protesters including the 32 hungry and malnourished children.”
SERAP said “these children and other protesters are detained solely for the peaceful exercise of their human rights.”
SERAP urged him “to direct Mr Fagbemi and appropriate law enforcement agencies to promptly investigate the circumstances surrounding the grave violations of the human rights of the children and other protesters in detention, and to identify and bring to justice those responsible, and ensure justice and remedies for the victims.”
SERAP also urged him “to direct Mr Fagbemi and appropriate agencies to ensure the immediate access to medical treatment for all the protesters including the 32 hungry malnourished children for their apparently deteriorating health.”
In the open letter dated 2 November 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Bringing charges against children and detaining them simply for the peaceful exercise of their human rights is clearly not acting in the ‘best interests of the child’.”
SERAP said, “The detention of the 32 hungry and malnourished children also infringes their right to education. These children ought to be in school, and not languishing in detention.”
According to SERAP, “The apparent ill-treatment of the protesters including the 32 hungry and malnourished children have shined a light on the appalling conditions in Nigeria’s prisons which continue to put lives at risk.”
The letter, copied to Dr. Matthew Gillett, the Chair-Rapporteur of the UN Working Group on Arbitrary Detention, read in part: “The continuing arbitrary detention of the protesters creates a climate of fear, discouraging other citizens from freely exercising their human rights, leading to a broader chilling effect.”
“We would be grateful if the recommended measures are taken within 48 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”
“SERAP is concerned that Nigerian authorities are weaponizing the criminal justice system to curtail the rights of the children and other protesters to liberty, freedom of expression and peaceful assembly.”
“We are concerned that the rights of the protesters to life, health, and safety are being violated in detention. Bringing charges against the protesters and detaining them is neither necessary nor proportionate.”
“The conditions in which these children and other protesters are being detained are utterly inadequate and substantially below international standards.”
“Children have the right to express their views freely in matters affecting them. Children’s ability to engage in political and public affairs depends largely on the extent to which their rights are respected, protected and fulfilled.”
“Your government has the obligations to ensure and uphold the rights of Nigerian children including to life, liberty, education and development, as well as to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth.”
“Your government also has the obligation to provide a safe, enabling and empowering environment for young people to promote human rights.”
“Your government has the obligations to promptly, thoroughly, impartially, independently, transparently and effectively investigate and appropriately punish those responsible for grave human rights abuses against the protesters in custody and to provide the victims with access to justice and effective remedies.”
“Any decision concerning a child must take full account of the child’s best interests including by protecting the children from torture and cruel, inhuman or degrading treatment or punishment, and ensuring that the detention of a child is used only as a measure of last resort and for the shortest appropriate period of time.”
“The Convention on the Rights of the Child to which Nigeria is a state party recognizes that children are entitled to a heightened duty of care because of their special status as children, which requires specific measures that take into account their level of development and evolving capacities.”
“The Convention and the Child Rights Act impose binding legal obligations on your government to take specific measures for the development of children taking account of their evolving capacities, best interests and without discrimination.”
“Articles 37 (b) and 40 (2) (b) (ii) of the Convention on the Rights of the Child also provide that every child arrested and deprived of his or her liberty should be brought before a competent authority within 24 hours to examine the legality of the deprivation of liberty.”
“SERAP notes that rules 1, 24, 27 and 118 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) provide that all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person, including by receiving appropriate medical care.”
“Rule 22 of the Nelson Mandela Rules guarantees the right of all detained persons to receive food of wholesome quantity and drinking water.”
“According to reports, 76 #EndBadGovernance protesters including 32 children, were recently arraigned in court for allegedly participating in the nationwide protests in August. The protesters, who have been in detention for three months, were reportedly arrested in the Federal Capital Territory (Abuja); as well as Kaduna, Gombe, Jos, Katsina, and Kano states.”
“Four children/young persons collapsed on the courtroom floor, writhing in pain before being removed to get medical help.”
“The protester were arraigned on 10 counts bordering on ‘treason, intent to destabilise Nigeria and inciting to mutiny’. However, the protest was against economic hardship and poor governance, as protesters called for reduced governance costs, the reinstatement of petrol subsidy, and food security.”
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