143/95-150/96 Constitutional Rights Project and Civil Liberties Organisation / Nigeria Summary of Facts 1. Communication 143/95 alleges that the Government of Nigeria, through the State Security (Detention of Persons) Amended Decree No. 14 (1994), has prohibited any court in Nigeria from issuing a writ of habeas corpus, or any prerogative order for the production of any person detained under Decree No. 2 (1984). Complainant argues that this law violates the African Charter on Human and Peoples' Rights. The decrees were applied to detain without trial several human rights and pro-democracy activists and opposition politicians in Nigeria. State Party's Response and Observations 2. The government has presented no written response to this allegation, but in oral statements before the Commission (31st March 1996, 19th Ordinary Session, Ouagadougou, Burkina Faso, Chris Osah, Head of Delegation) maintains that no individual is presently being denied the right to habeas corpus in Nigeria. It has said that the provision of Decree No. 14 suspending the right to habeas corpus applies only to persons detained in respect of state security, and was implemented only between 1993 and 1995, during the period of political insecurity following the annulled elections of June 1993. 3. The government acknowledges that this provision is still on the statute books in Nigeria, but suggested that the right to habeas corpus would be restored in the future by saying, "as the democratisation of society goes on, all these [decrees] will become superfluous. They will have no place in society". 4. Communication 150/96 complains that the State Security (Detention of Persons) Decree No. 2 of 1984, which enables a person to be detained for a reviewable period of three months if he endangers State security, violates Article 6 of the Charter. It also complains of the amended Decree of 1994 prohibiting the writ of habeas corpus. 5. The communication alleges that Mr Abdul Oroh, Mr Chima Ubani, Dr Tunji Abajom, Chief Frank Kokori, Dr Fred Eno, Honourable Wale Osun and Mr Osagie Obayunwana were detained under this decree, without charge, and also deprived of the right to bring habeas corpus actions. The communication alleges that they are detained in dirty, hidden (sometimes underground) security cells; they were denied access to medical care, to their families and lawyers; and were not permitted to have journals, newspapers and books. It is alleged that the detainees are sometimes subjected to torture and rigorous interrogations. The communication alleges that these conditions combined with the courts' inability to order the production of detained persons even on medical grounds, places the detainees' lives in danger. The communication alleges that these circumstances constitute inhuman and degrading punishment or treatment. 6. The communication complains that the clauses ousting the jurisdiction of the courts to consider the validity of decrees or acts taken there under is a violation to the right to have one's cause heard, protected by Article 7(1)(a) and 7(1)(d) of the Charter, and undermines the independence of the judiciary in contravention of Article 26. 7. The government has presented no response in respect of this communication. Complaint 8. The communications allege violation of Articles 5, 6, 7 and 26 of the Charter. Procedure 9. Communication 143/95 dated 14th December 1994 and filed by the Constitutional Rights Project, was received at the Secretariat on 2nd February 1995. 10. In February 1995, the Commission was seized of the communication, and on 7th February 1995, a notification was sent to the Nigerian Government with the attached communication asking the said 1