appeal. The tribunal members are chosen by General Abacha in violation of international fair trial standards. The complainant recognised that local remedies had yet to be exhausted and announced its intention to present an update of the case to the Commission once the trial was completed. 23. At the 17th Session the Commission declared the communications admissible. They were to be heard on their merits at the 18th Session. 24. On 20th April 1995, letters were sent to the Government of Nigeria and the complainants informing them of this. 25. On 28th June 1995 a letter was received from the Constitutional Rights Project describing developments in the case. 26. On 1st September 1995, a letter was sent to the government of Nigeria stating that the communication would be heard on the merits at the 18th Session of the Commission and inviting the government to send a representative. 27. At the 18th Session the Commission decided that the communications should be taken up by the mission planned for Nigeria. 28. On 9th October 1995 a letter was received from PEN American Centre expressing concern for the state of health of Mr Saro-Wiwa. 29. On 1st November 1995, upon hearing that a death sentence had been passed on Mr Saro-Wiwa and eight of his co-defendants, the Secretariat faxed a Note Verbale to the government of Nigeria, invoking the revised Rule 111 of Procedure (formerly 109) asking that the executions should be delayed until the Commission had taken its mission and spoken with the competent authorities. This Note Verbale was also faxed to the Secretary General of the OAU, the Nigerian High Commission in Banjul, and the Special Adviser (Legal) to the Head of State of Nigeria. 30. On 2nd November 1995 a letter was received from the Constitutional Rights Project notifying the Secretariat of the death sentences and requesting that provisional measures be invoked. 31. On 9th November 1995 Commissioner Dankwa, hearing that the death sentence had been confirmed, wrote to the Secretariat requesting such action. He was faxed a copy of the Note Verbale. 32. On 20th November 1995 the Secretariat received a Note Verbale from the Nigerian High Commissioner in Banjul, attempting to justify the executions. 33. On 21st November 1995 the Secretariat wrote a Note Verbale to the Nigerian High Commission in Banjul, requesting the official judgement in the Saro-Wiwa case, which had been mentioned in the Note Verbale. 34. On 30th November 1995 a letter was sent to the Complainants stating that the communications would be taken up by the Commission's mission to Nigeria. 35. On 13th December 1995, the Secretariat received a letter dated 13th November 1995 from the office of the Special Adviser to the Head of State, attempting to justify the executions. 36. On 18th and 19th December 1995, the Commission held an extraordinary session on Nigeria in Kampala. 37. On 26th January 1996 a letter was sent to the Constitutional Rights Project informing it of the interim measures taken with regard to Ken Saro-Wiwa. 38. At the 19th Session, held in March/April 1996 in Ouagadougou, Burkina Faso, the Commission heard statements from the government of Nigeria and the Complainants. Mr Chidi Anselm Odinkalu was duly authorised to appear for the Complainants, and Mr Osah and Mr Bello appeared for the Nigerian Government. At the end of the hearing the Commission took a general view on the cases and deferred taking final decision in each case pending the accomplishment of its proposed mission to Nigeria. The Commission proposed May 1996 as the dates for the visit. The Nigerian delegation said they will communicate these dates to the Government of Nigeria for confirmation. 39. On 8th May 1996 the Commission wrote to the Nigerian Government, Constitutional Rights Project and International PEN informing them that a decision had been taken at the 19th Session to send a mission to the country where the cases would be taken up. 40. At the 20th Session held in Grand Bay, Mauritius, October 1996, the Commission decided to postpone the final decision on the merits of the communications to the next session, awaiting the result of the planned mission to Nigeria. The Commission also decided to join communication 154/96 with these communications. 41. On 10th December 1996 the Secretariat sent letters to the Complainants informing them of the decisions of the Commission. 3

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