RULE OF LAW. SEPARATION OF POWERS. HUMAN RIGHTS.
GENEVA (14 September 2020) – UN human rights experts* today called on Nigerian authorities to immediately release a 22-year-old singer sentenced to death over an allegedly blasphemous song shared on social media.
Yahaya Sharif-Aminu was given a death sentence on 10 August by a Sharia court in Kano state over a song judged blasphemous that he performed and shared in a WhatsApp group. The UN experts called for the death sentence to be overturned and for authorities to guarantee his safety and due process rights while he is appealing his conviction.
“We are deeply concerned over the serious lack of due process in Mr. Sharif-Aminu’s case so far, especially reports that he has been held incommunicado; and that he did not have access to a lawyer during his initial trial a trial that was not open to the public,” the human rights experts said.
Mr. Sharif-Aminu, a musician and a follower of the Sufi Tijaniyyah order was convicted for sharing a song he had written and performed through a WhatsApp group, which prompted some local politicians to call for his execution. A mob burned down his family home on 4 March.
“Artistic expression of opinion and beliefs, through songs or other media – including those seen to offend religious sensibilities – is protected by international law. The criminalization of these expressions is unlawful,” the experts said. “No one should be detained or prosecuted for expressing their opinion, thought or conscience, through song. Music is not a crime.”
In addition, “application of the death penalty for artistic expression or for sharing a song on the Internet is a flagrant violation of international human rights law, as well as of Nigeria’s constitution,” said Karima Bennoune, Special Rapporteur in the field of cultural rights.
“We are also gravely concerned about Mr. Sharif-Aminu’s safety, in light of the death threats against him,” said the experts. “Nigeria must take effective measures to protect Mr. Sharif-Aminu, in detention as well as after his release.”
*THE EXPERTS: Ms. Karima Bennoune, Special Rapporteur in the field of cultural rights; Mr. Ahmed Shaheed, Special Rapporteur on freedom of religion or belief; Ms. Leigh Toomey (Chair-Rapporteur), Ms. Elina Steinerte (Vice-Chair), Mr. José Guevara Bermúdez, Mr. Seong-Phil Hong, Mr. Sètondji Adjovi, Working Group on Arbitrary Detention; Ms. Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions; Ms. Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of expression, Mr. Diego García-Sayán, Special Rapporteur on the independence of judges and lawyers
Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
UN Human Rights, country page: Nigeria
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