On June 14, Niger’s highest court could decide to lift the immunity of former President Mohamed Bazoum following proceedings that failed to meet due process standards. The Nigerien authorities should drop this problematic case and respect Mohamed Bazoum’s right to a fair trial.
Mohamed Bazoum has been arbitrarily detained in the presidential palace since last July, when Nigerien army officers overthrew his government in a military coup. In August, junta authorities announced their intention to prosecute him for “ high treason » and attack on national security, but have still not presented it before a judge. In April, these same authorities initiated legal proceedings against him aimed at lifting his presidential immunity, in order to be able to prosecute him for alleged crimes committed after his election to the presidency in 2021.
Following the coup, the junta created a Court of State to replace the Court of Cassation and the Council of State, making it Niger’s highest court. However, the proceedings before the State Court were marred by serious irregularities, including several violations of Mohamed Bazoum’s rights to present evidence in support of his defense, to communicate with his lawyers and to be heard by an independent tribunal. By bringing the case to the country’s highest court, the junta also deprived the ex-president of his right to appeal the decision.
Nigerien human rights defenders criticized the court’s proceedings. A lawyer asked: “ How can a court whose president is appointed directly by the head of state be an impartial and independent body? “.
Mohamed Bazoum’s lawyers told Human Rights Watch that they have not been able to communicate with him since last October, and that their access to case materials has been limited. “ The authorities amended article 141 of the court statute [concernant l’accès aux informations du dossier]while the case was already pending before the court, preventing us from consulting key documents in the case “, said Moussa Coulibaly, one of Bazoum’s lawyers. “ We do not change the rules during the match. »
In September, Mohamed Bazoum filed a petition with the Court of Justice of the Economic Community of West African States (ECOWAS), citing human rights violations against him and his family. during his detention. In December, the ECOWAS court ruled that he was arbitrarily detained, and ordered his release.
The African Union Principles on the Right to a Fair Trial provide that the essential elements of a fair trial in all legal proceedings include access to a lawyer, the opportunity to prepare one’s case adequately and the right to appeal to a higher level judicial body.
The Nigerien authorities should drop the ongoing prosecution and, if proven charges are brought against Mohamed Bazoum, bring the case before a regular criminal court, while ensuring that all his rights to a fair trial are respected. .
