Zaria Shiites Massacre: SERAP Seeks UN Investigation

The Socio-Economic Rights and Accountability Project (SERAP) has sent an appeal to Mr.

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by Michaels Updates, Dec 17, 2015

The Socio-Economic Rights and Accountability Project (SERAP) has sent an appeal to Mr. Christof Heyns, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, requesting an urgent investigation of allegations of an attack by the Nigerian military on a Shia Muslim group in Zaria, Kaduna State, and the alleged killing of numerous people after a military convoy got stuck by a march.

“SERAP is seriously concerned that the allegations of extra-judicial executions by the Nigerian military amount to serious violations of the right to life, guaranteed under article 6 of the International Covenant on Civil and Political Rights to which Nigeria is a state party,” the group said in the appeal today, and signed by SERAP executive director Adetokunbo Mumuni.  

“According to reports, thousands of members of the Islamic Movement of Nigeria held a march to mark the birthday of the Prophet Mohammed,” SERAP said, adding that the Nigerian Chief of Army Staff, Lt. Gen. Tukur Yusuf Buratai, and his convoy wound up trapped in the gridlock. “According to some accounts, a metal object was thrown at the general’s vehicle by someone in the crowd. Soldiers mistook the sound for gunshots and apparently thought it was part of an attempt to assassinate the general. Soldiers in the convoy then reportedly opened fire, killing a number of people. Soldiers reportedly troops targeted the group's shrines and enclaves. Members of the sect put the number at more than 100.”

The group specifically requested the Special Rapporteur to:
    •    Publicly express concerns about the allegations of use of excessive force by the Nigerian military and the unlawful killing of many members of the Shia Muslim group in Zaria, Kaduna;
    •    Investigate the allegations and/or ask the Nigerian government to thoroughly investigate the allegations and bring to justice anyone suspected to be responsible; and
    •    Ask the Nigerian government to establish effective accountability mechanisms for human rights violations by its soldiers
SERAP underlined that the right to life is fundamental because without it all other rights would be devoid of meaning, adding that this right ensures that every person has a right to be free from arbitrary deprivation of life, and places certain limitations on the use of force, including by the Nigerian military.

It expressed concern that the attack by the Nigerian military may amount to disproportionate and excessive use of force and not militarily necessary in the fight against Boko Haram, saying that the soldiers should have done everything feasible to prevent the killings.  

By ‘Everything feasible,’ the group said it meant precautions that are “practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.” 

“As one of the State’s central duties is to protect life, it is a particularly serious breach of this duty when its own agents violate this right – leaving little hope that they will be effective in preventing violations by others,” it explained, saying it was concerned that human rights are brought under threat and the security of the country may eventually be put at risk if the power of the military is not properly controlled or if the military is not held to account for serious human rights violations.

To buttress its argument, it cited the provisions of the 1999 Nigerian Constitution (as amended) and international law; the International Covenant on Civil and Political Rights; and the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.

“The proportionality requirement under human rights law limits the permissible level of force based on the threat posed the victims to the Chief of Army Staff or his convoy,” the petition said. “The necessity requirement imposes an obligation to minimize the level of force used, regardless of the amount that would be proportionate.”

It stressed that it is the duty of the State to respect and to ensure the right to life, and that this entails an obligation to exercise “due diligence” to protect the lives of individuals from attacks, including members of the Shia Muslim group in Zaria, Kaduna.