Refer Cases Of Election-Related Violence To ICC, SERAP Tells Buhari

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The Socio-Economic Rights and Accountability Project,
(SERAP) has asked President Muhammadu Buhari to refer all cases of
electoral violence to
 the International Criminal Court (ICC).

In
a letter by its deputy director, Kolawole Oluwadare, SERAP said all
allegations of election-related violence, intimidation, and killings
between 1999 to 2019 should be handed over to the ICC for onward
investigation and prosecution.

According to SERAP, giving
these cases the attention they deserve will send a very strong message
that election-related violence, intimidation, and killings will not be
tolerated.

Below is the full letter from SERAP to President Buhari.

Socio-Economic
Rights and Accountability Project sent an open letter to President
Muhammadu Buhari urging him to “immediately refer to the International
Criminal Court (ICC) pursuant to article 13 of the Rome Statute to which
Nigeria is a state party, all allegations of election-related violence,
intimidation, and killings between 1999 and 2019 for investigation and
prosecution.”

The organization said: “It is important to do
this to send a powerful message that election-related violence,
intimidation, and killings will not be tolerated under your watch.”

According
to the organization, “The violence, intimidation, and killings in some
states around the just concluded general elections suggest that the
electoral law and criminal law have over the years not been adequately
enforced, and deterrence, through criminal sanctions, is failing.
Electoral violence – a species of political violence – is not only a
criminal act but crimes under international law, given its widespread
and systematic nature over many years.”

The letter read in
part: “Apart from undermining the integrity of elections and the
democratic process, the repeated failure of successive governments to
punish electoral violence has created a culture of impunity among
politicians who persistently recruit and arm thugs to intimidate and
kill political opponents, and citizens who are simply exercising their
rights to participate in their own government.”

“The
election-related violence, intimidation and killings since 1999 also
amount to a crime against deliberation and dialogue; against
participation and peaceful means of settling disputes, and a blatant
violation of the rights to life; bodily integrity; liberty; freedom of
opinion, expression and association; to vote and freely choose elected
representatives; property; and to not live in fear.”

“Persistent
violence, intimidation, and other human rights violations around
elections undermine the free expression of the will of voters and
diminish the opportunity of citizens to hold their representatives to
account through the electoral process for their exercise of power and
spending of Nigeria’s commonwealth.”

“Successive
governments have failed abysmally to take positive measures to ensure
ballot box security and prevent violence, intimidation and other serious
violations of human rights for many years, invariably undermining the
authority, independence, and efficacy of the Independent National
Electoral Commission (INEC) a body created to ensure free and fair
elections as well as obstructing and distorting citizens’ right to
freely exercising their right to vote and citizenship.”

“SERAP
is concerned about reports of violence, intimidation, and killings in
many states of the country including Bayelsa, Borno, Rivers, Lagos, and
Oyo states. At least 30 people have been reportedly killed and several
injured during the just concluded presidential and legislative polls.
Like previous elections since the return of democracy in 1999, the 2019
general elections of February 23, 2019, have witnessed violence,
intimidation, and killings in several states.”

“SERAP,
therefore, urges you to move swiftly to implement these proposed
recommendations as a way of demonstrating your government’s commitment
to end the culture and legacy of election-related violence, intimidation
and killings in the country, ensure prosecution of suspected
perpetrators and justice for victims as well as ensure the safety and
security of Nigerian voters, observers and other people in subsequent
elections.”

“Citizens are entitled to
the internationally recognized right to a free and fair election,
expressed in the principles of the International Covenant on Civil and
Political Rights and the African Charter on Human and Peoples’ to which
Nigeria is a state party. The African Charter has been domesticated as
part of our domestic laws.”

“Establishing a commission of
inquiry to investigate election-related violence, intimidation and
killings since 29 May 1999 would help Nigerians to know exactly those
behind these egregious violations of human rights and to bring suspected
perpetrators and their sponsors to justice as well as contribute to
preventing and deterring such incidents in future elections.”

“The
proposed commission should be led by a retired justice of the Court of
Appeal or the Supreme Court of Nigeria. The activities of the commission
must be open to the public and all the governors of states that have
repeatedly witnessed election-related violence, intimidation and
killings should be summoned to give a public account of the number of
abuses that have been recorded in their states over the years.”

“The
commission should make recommendations including on the prosecution of
those found to have perpetrated directly or indirectly or are complicit
in committing these criminal acts and serious violations of human
rights.”

“SERAP also notes that Nigeria is a key member of
the Economic Community of West African States (ECOWAS), which has
“accountability, economic and social justice and popular participation
in development” as part of the fundamental principles contained in its
Revised Treaty. In a similar way, Nigeria is a state party to the UN
Convention against Corruption. Article 1(c) of the Convention states the
purpose of the treaty as including: ‘To promote integrity,
accountability and proper management of public affairs and public
property.’”

Kolawole Oluwadare

Source:- ChannelsTV

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