Petrelis Files

Rep. Frank's Nigeria Protest Letter Omits State Dept Citation

Steven Adamske
c/o Rep. Barney Frank
U.S. Congress

Dear Mr. Adamske:

Please convey my gratitude to Congressman Frank for the letter to the president of Nigeria protesting the terrible death sentence recently handed down in Nigeria against a man convicted of sodomy.

In your release about the twenty-two representatives signing the letter of protest, you state, "The State Department's 2004 Country Reports on Human Rights Practices describes Nigeria's human rights record as 'poor,' and claims that the Government 'continued to commit serious abuses.' It also describes Nigeria's judicial system as often 'incapable of providing criminal suspects with fair trials.'"

While I am pleased you cite the U.S. State Department's human rights report's chapter on Nigeria and its judicial system, I am disappointed the following reference from the report was not mentioned in your release.

"Homosexuality is illegal under federal law; homosexual practices are punishable by prison sentences of up to 14 years. In the 12 northern states that have adopted Shari'a, adults convicted of having engaged in homosexual intercourse are subject to execution by stoning, although no such sentences have been imposed," noted the State Department report for 2004. (Source: U.S. State Dept, Nigeria chapter)

I ask that you amend your news release to include the above citation because it provides a larger context about the laws in Nigeria pertaining to gays, a context that more people should be aware of.

Regards,
Michael Petrelis
San Francisco, CA
^^^


In a message dated 8/1/2005 11:30:04 A.M. Pacific Daylight Time, wockner@panix.com writes:
NEWS
Barney Frank
Washington Office
2252 Rayburn Building
Washington, D.C. 20515
(202) 225-5931
www.house.gov/frank

Congressman, 4th District, Massachusetts
For Immediate Release
Monday, August 1, 2005
Contact: Steve Adamske 202.225.7141
Daniel McGlinchey 202.225.3548


22 MEMBERS OF CONGRESS PROTEST SODOMY DEATH SENTENCE IN NIGERIA

A group of federal lawmakers who are leaders on international and human
rights issues today wrote to Nigerian President Olusegun Obasanjo to voice
strong concern over the recent case of a Nigerian man sentenced to death
by stoning for sodomy.

The 50-year-old man was accused of having sex with another man, arrested
and brought before a Shari'a or Islamic court. After being acquitted of
the charge for lack of evidence, the man admitted to the judge, when
asked, that he had had sex in the past with men. On that basis, he was
convicted and is now on death row awaiting execution by stoning.

The letter was signed by 22 House Democrats and states, in part, that the
"specific circumstances of this conviction are highly problematic, and, in
fact, we believe that the execution by stoning or by any other means of
any individual for private, adult, consensual sexual activity is grossly
inhumane and well below the standards that any civilized society should
uphold."

A Special Rapporteur of the UN Commission on Human Rights on
extrajudicial, summary or arbitrary execution met with the convicted man
while visiting prisons in Nigeria and called the punishment "wholly
disproportionate," stating that "sodomy cannot be considered one of the
most serious crimes for which, under international law, the death penalty
can be prescribed."

The State Department's 2004 Country Reports on Human Rights Practices
describes Nigeria's human rights record as "poor," and claims that the
Government "continued to commit serious abuses." It also describes
Nigeria's judicial system as often "incapable of providing criminal
suspects with fair trials."

In the congressional letter to President Obasanjo, the lawmakers say that
they have been very supportive of U.S. aid to Nigeria in recent years,
"but we must tell you that Americans are also entitled to expect that
countries that benefit from our humanitarian and economic assistance will
not tolerate practices that are so clearly in violation of basic human
rights."

The letter was organized by Rep. Barney Frank (D-MA), the senior Democrat
on the House Financial Services Committee; and Rep. Barbara Lee (D-CA),
the senior Democratic woman on the House Committee on International
Relations and the Whip of the Congressional Black Caucus. Rep.Tom Lantos
(D-CA), the senior Democrat on the House Committee on International
Relations; and Rep. Donald Payne (D-NJ), the senior Democrat on the
International Relations Subcommittee on Africa, Global Human Rights and
International Operations, were among the members signing the letter.

A copy of the letter is attached.

#####

August 1, 2005

His Excellency Olusegun Obasanjo
President of the Federal Republic of Nigeria
The President's Office
Abuja, Nigeria

Dear President Obasanjo,

We write to express our serious concern over a recent case in the northern
state of Kano of a 50-year-old Nigerian man who was sentenced to death by
stoning after admitting to homosexual sex. According to reports, the man
was charged with sodomy, based on an accusation made by a neighbor, and
was arrested and brought before a Shari'a court.

After the man was acquitted for lack of evidence, the judge then asked him
if he had had homosexual sex on other occasions, and when the man said
yes, on that basis, he was convicted of sodomy and sentenced to death by
stoning. There was no suggestion in the conviction that the sex was not
consensual.

The specific circumstances of this conviction are highly problematic, and,
in fact, we believe that the execution by stoning or by any other means of
any individual for private, adult, consensual sexual activity is grossly
inhumane and well below the standards that any civilized society should
uphold.

We strongly urge you to intervene in this case to assure that this man's
legal and human rights are respected and defended. We share the view of
the special rapporteur of the UN Commission on Human Rights who recently
ended a visit to Nigeria with a call for the death penalty to be dropped
in cases of homosexuality and for "immediate measures to review the entire
proceedings" of this man's case in particular.

We have been very supportive of your efforts to transform Nigeria from
military to civilian rule, and we applaud in particular the role your
country is playing to help foster stability in West Africa. We also
continue to be supportive of U.S. aid to Nigeria, but we must tell you
that Americans are also entitled to expect that countries that benefit
from our humanitarian and economic assistance will not tolerate practices
that are so clearly in violation of basic human rights

REP. BARNEY FRANK
REP. BARBARA LEE
REP. DONALD M. PAYNE
REP. TOM LANTOS
REP. JANICE D. SCHAKOWSKY
REP. JULIA CARSON
REP. TAMMY BALDWIN
REP. JIM McDERMOTT
REP. SUSAN A. DAVIS
REP. JOSEPH CROWLEY
REP. HENRY A. WAXMAN
REP. MICHAEL M. HONDA
REP. BERNARD SANDERS
REP. MICHAEL R. McNULTY
REP. JAMES P. McGOVERN
REP. VIC SNYDER
REP. JAMES P. MORAN
REP. ELIOT L. ENGEL
REP. GARY L. ACKERMAN
REP. NEIL ABERCROMBIE
REP. DENNIS J. KUCINICH
REP. BETTY McCOLLUM