Republic of Niger (Niger).

Africa (Western Africa).

French.

15,204,000 (2010).

Abolitionist de facto.

The last execution took place in 1976.

1976 Nine people were sentenced to death, including two in absentia, for an attempted coup. The seven prisoners were executed by firing-squad.

Shooting.

Executions can be carried out by firing squad.

At least 11.

By the end of 2017, at least 11 persons were on death row in Niger,and no new death sentences were reported in 2018.

(This question was last updated on May 30, 2019.).

No. However, at its human rights review before the U.N. Human Rights Council in February 2011, the Niger delegation stated that Niger had a de facto moratorium on the death penalty. This is difficult to reconcile with Niger’s position during consideration of the U.N.G.A’s death penalty moratorium resolution. In 2008 and 2010, Niger signed the Note Verbale of dissociation from the U.N.G.A. moratorium on the death penalty, and abstained from voting on the resolution itself.

We note that in 1987, then President Saïbou announced that all death sentences confirmed on appeal would be commuted to life imprisonment. Saïbou left office in 1993.

No direct reference to the death penalty is made in the new constitution, dated November 2010, which was approved by 90% of a referendum vote in October 2010. However, under Article 11 of the new constitution, the human person is sacred and the State has an “absolute obligation to respect and protect it.” Under Article 12, every person has “the right to life [...] under the conditions set out by law.” Article 14 provides that “no-one will be subjected to torture […] or to cruel, inhuman or degrading treatment.”

Aggravated Murder.

Planned or premeditated murder (except when a mother kills her new-born child), parricide, murder or attempted murder of an internationally protected person, murder of an on duty judge or public official, and murder committed in furtherance of another offense.

Other Offenses Resulting in Death.

When they result in death (even where there was no intent to cause death), the following offenses are punishable by death: castration, poisoning and kidnapping a minor.

Terrorism-Related Offenses Resulting in Death.

Hijacking, destroying or endangering a plane, ship or vehicle, or any public or private infrastructure or equipment; exploding a bomb or releasing toxic substances; and possessing, producing or using radioactive or nuclear equipment with the intent to cause substantial harm, are punishable by death when they result in death. Murder of an internationally protected person is punishable by death. Attempting any of the above offenses is also punishable by death.

Terrorism-Related Offenses Not Resulting in Death.

Committing an act of violence likely to result in serious bodily harm, in such a way that it endangers the security of an airport or another facility, is punishable by death. Exploding a bomb or releasing toxic substances; and possessing, producing or using radioactive or nuclear equipment with the intent to cause substantial harm, are punishable by death when they cause “considerable economic losses”. Attempting any of the above offenses is also punishable by death.

Robbery Not Resulting in Death.

Robbery preceded or followed by rape, robbery resulting in bodily harm and cattle theft preceded or followed by rape, kidnapping or the use of firearms,.

Treason.

Treason, and provocation or offer to commit treason, are punishable by death. Offenses against the security of the state (e.g. illegally raising troops, or organizing an insurrection movement.

Espionage.

Espionage and provocation or offer to commit espionage are punishable by death.

War Crimes, Crimes Against Humanity and Genocide.

Genocide, crimes against humanity, attempt or conspiracy to commit genocide or crimes against humanity, and certain war crimes,.

Other Offenses Not Resulting in Death.

-Torture: Committing acts of torture or barbaric acts in the commission of a felony is punishable by death. Torturing a kidnapped person is also punishable by death.
- Human Trafficking: “Alienating the freedom” of more than one person, either gratuitously or in exchange for money, is punishable by death. Because the Penal Code does not indicate the elements of this offense, its precise nature is difficult to define. It seems, however, to encompass a broad range of human trafficking offenses, as indicated by the fact that it replaces an older provision prohibiting the slave trade. One commentator characterizes it as a catch-all provision whose interpretation may vary from one judge to another. It does not include slavery offenses per se (such as owning a slave or inciting to slave ownership), as those offenses are covered in another section of the Code.
-Poisoning: Poisoning is punishable by death even where it does not result in death.
-Harboring criminals: Providing accommodation, refuge or a meeting place to a known criminal whose offense is punishable by death, is punishable by death.
-Perjury: Perjury leading to a person being sentenced to death, and deliberate mistranslation leading to a death sentence, are punishable by death.
-Attempt: Attempting to commit a death-eligible offense is punishable by death.
-Recidivism: A person who is sentenced to one of the most serious penalties (i.e. death, life imprisonment or imprisonment for 10 to 30 years), and later commits a second offense punishable by life imprisonment, will be sentenced to death. If the first sentence was handed down by a military court, the first offense must be equally punishable under civil criminal law in order to trigger the recidivism rule.

Comments.

According to Roger Hood and Carolyn Hoyle, “embezzlement of public funds or theft of public property”.

Pursuant to Article 53 of the Penal Code, if the court finds mitigating circumstances, a death sentence can be reduced to a sentence of 10 years’ imprisonment. For a number of offenses, however, the Penal Code explicitly precludes the consideration of mitigating circumstances. For some other death-eligible offenses, the Penal Code raises the mitigated sentence set out in Article 53. For instance, if mitigating circumstances are found, murder of an on duty judge or public official will be punished by life imprisonment instead of a death sentence.

The offenses for which a death sentence is mandatory are listed in the next section.

Aggravated Murder.

Murder or attempted murder of an internationally protected person is punished by a mandatory death sentence.

Terrorism-Related Offenses Resulting in Death.

Hijacking, destroying or endangering a plane, ship or vehicle, or any public or private infrastructure or equipment; exploding a bomb or releasing toxic substances; and possessing, producing or using radioactive or nuclear equipment with the intent to cause substantial harm, are punished by the mandatory death penalty when they result in death. Murder of an internationally protected person is punished by the mandatory death penalty. Attempting any of the above offenses similarly attracts a mandatory death sentence.

Terrorism-Related Offenses Not Resulting in Death.

Committing an act of violence likely to result in serious bodily harm, in such a way that it endangers the security of an airport or another facility, is punishable by death. Exploding a bomb or releasing toxic substances; and possessing, producing or using radioactive or nuclear equipment with the intent to cause substantial harm, are punished by mandatory death when they cause “considerable economic losses”. Attempting any of the above offenses similarly attracts a mandatory death sentence.

Robbery Not Resulting in Death.

Robbery preceded or followed by rape is punished by a mandatory death sentence. Cattle theft preceded or followed by rape, kidnapping or the use of firearms is punished by a mandatory death sentence, unless the offender returns the animal or pays compensation to the victim, in which case mitigating circumstances can be considered.

Other Offenses Not Resulting in Death.

Attempting a death-eligible terrorism-related offense is punished by a mandatory death sentence.

Individuals Below Age 18 at Time of Crime.

Article 47 of the Penal Code provides that a minor under 18 years of age who commits a death-eligible crime will be sentenced to 10 to 30 years’ imprisonment. If the minor acted without understanding his actions, he will be acquitted.

In its 2008 report to the Committee on the Rights of the Child, Niger also referred to Article 33 of Order No. 99-11 of 11 May 1999, which contains the same exceptions for minors as the Penal Code. We were unable to locate this Order, and are unsure what it adds to the existing Penal Code provisions.

Niger is party to the ICCPR and to the Convention on the Rights of the Child, which prohibit the execution of individuals for crimes committed while under the age of 18.

Pregnant Women.

Under Article 14 of the Penal Code, a pregnant woman cannot be executed before she has given birth to her child. This is in conformity with Niger’s international obligations as a party to the ICCPR, which prohibits the execution of pregnant women."

Women With Small Children.

Niger is party to the African Charter on the Rights and Welfare of the Child, which prohibits the imposition of a death sentence on mothers of infants and young children.

Mentally Ill.

Under Article 41 of the Penal Code, a person who was insane at the time of the offense cannot be held criminally liable.

Intellectually Disabled.

Comments.

No individual has been executed in Niger since 1976.

In 2006, the Supreme Court overturned two death sentences issued by the Court of Assizes because the defendants had not been assisted by interpreters. We do not know how frequently this issue arises.

Under Article 171 of the 2010 constitution (approved by 90% of a referendum vote), properly ratified treaties and agreements have an authority superior to that of national laws.

Additionally, the Preamble of the Constitution proclaims the people’s attachment to human rights, as defined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the African Charter on Human and People’s Rights, and all the international and regional human rights instruments ratified by Niger.

The last concluding observations issued by the U.N. Human Rights Committee date back to 1993. Niger was due to submit a national report under the ICCPR in March 1994, but as of March 2012 it had not yet done so.

Niger’s human rights review under the U.N. Universal Periodic Review process took place on February 1, 2011. At its review, Niger declared that it was “developing strategies for approval” of the Second Optional Protocol to the ICCPR on the abolition of the death penalty. The government delegation added that Niger had a de facto moratorium on the death penalty. The delegation stated that the “National Consultative Council (CCN) had issued an unfavourable opinion on the existing draft order concerning the death penalty in the hope of launching a major public debate and gaining public support. A three-pronged strategy for the adoption of the reform had already been approved, as had a timetable under which the death penalty was to be abolished before the end of the transition period. Despite the Council’s negative opinion, the process had been carried out in accordance with the timetable.”

Niger accepted recommendations to introduce an official moratorium on the death penalty and to resubmit an abolition bill to the new Parliament once it is established, and to abolish death sentences for persons under the age of 18. With regard to recommendations to abolish the death penalty, Niger responded that it had designed a public campaign in three stages in order to prepare the passage of an abolition law and an accession to the Second Optional Protocol to the ICCPR. Stage 1 consists in raising public awareness on death penalty issues among religious leaders, traditional chiefs, NGOs, political parties and state bodies. Stage 2 consists in ensuring public support, and stage 3 involves submitting the abolition bill to a vote. Niger explained that the three stages had not been completed when the abolition bill had been presented to the Consultative Council in 2010, and that as a result, opposition had been divided between those who thought a wider public debate necessary before any decision was taken, and those who considered that abolition was not a preoccupation of the Niger people and was the result of lobbying by certain international organizations. However, the government noted that there is an abolitionist movement in Niger, and that Niger had ratified every other international human rights treaty. The government stated that it would re-engage the above strategies in order to successfully pass a law abolishing the death penalty.

Under Article 262 of the Penal Procedure Code, when a defendant appears before the Court of Assizes without being represented by a counsel, the president of the court will appoint one for him. As of March 2012, we were unable to ascertain whether this right is fully implemented. According to the U.S. Department of State, even if those arrested must be notified of their right to a lawyer within 24 hours. Although law enforcement officials generally enforced this practice, “widespread ignorance of the law and lack of financial means prevented many from fully exercising their right to an attorney”. We were unable to ascertain whether the problems in delivering legal aid extend to those facing capital charges.

According to the Nigerien authorities, a legal aid system exists for the Supreme Court (now Court of Cassation), but it does not function.

As of March 2012, we had not found any information on the quality of legal representation in Niger.

Death-eligible offenses are tried by the Court of Assizes. Its decisions can be appealed within 5 days to the State Court (now called Court of Cassation) on questions of law only.

Collateral review (review on the facts) is also provided for by the Penal Procedure Code. There are four instances that can trigger a collateral review by the Supreme Court (currently the Court of Cassation). All four instances relate to the emergence of new evidence that raises doubts about the defendant’s guilt.

It is the President’s prerogative to grant clemency. Clemency may not be granted for “imprescriptible” crimes, i.e. crimes that are not time-barred from prosecution. When a final death sentence is issued, the Public Prosecutor must inform the Minister of Justice. No execution may take place before the clemency plea has been denied.

Yes. Death-eligible offenses are tried by the Court of Assizes, which includes four jurors.

The Nigerien justice system faces the following issues: serious backlogs, lengthy legal procedures, inadequate resources, staff shortages and corruption.

In 2006, the Supreme Court overturned two death sentences issued by the Court of Assizes because the defendants had not been assisted by interpreters. We do not know how frequently this issue arises.

As of March 2012, we were not able to determine where death-sentenced prisoners were incarcerated.

As of March 2012, we were unable to find any reports on prison conditions on death row in Niger.

Prison conditions in general, however, are very poor. In December 2008, the ANDDH (Association Nigérienne pour la Défense des Droits de l’Homme, or Niger Association for the Defense of Human Rights) visited a number of prisons and detention centers in Niger. Detainees and prison personnel complained about the lack of food, toilets and health care, about cramped cells, insufficient personnel, dilapidated facilities and a lack of separate cells for women and minors. The ANDDH also reported that Niamey’s prison was overcrowded, and that although prison conditions have improved over the last few years, the improvement is far from satisfactory – in particular because some members of the security forces extort confessions through violence. The ANDDH also observed that six mentally ill people were detained in Kollo prison. Annual human rights reports and reports on various human rights topics are available on the ANDDH’s website at: http://anddh-niger.org.

In its 2009 concluding observations, the Committee on the Rights of the Child expressed concerns that children continue to be detained together with adults.

A 2010 report emphasized that improvements of the prison system were hindered by the dilapidated and unsanitary infrastructure, overcrowding, police stations with little equipment, and courts lacking human and material resources. In addition, police stations face the problem of feeding persons held in custody. In practice, these persons are fed either by their families or by the police officers on duty.

As of March 2012, we had not found any reports of foreign nationals currently under sentence of death in Niger.

As of March 2012, we had not found any reports of foreign nationals currently under sentence of death in Niger.

As of March 2012, we had not found any reports of women currently under sentence of death in Niger.

As of March 2012, we had not found any reports of individuals currently under sentence of death in Niger who may have been under 18 at the time the crime was committed.

However, we note the concerns expressed by the U.N. Committee on the Rights of the Child in its 2009 report. While the law prohibits applying capital punishment to minors under the age of 18, there remain situations where, in practice, “children aged 16 to 18 who commit crimes together with adults are brought before adult courts and may face the death penalty.”

As of March 2012, we had not found any reports on the racial/ethnic composition of death row.

In 2008, former minister and Tuareg rebel leader Rhissa Ag Boula was sentenced to death in his absence for the killing of a regional political leader in Agadez. Rhissa was allowed to leave the country in July 2010 and the Niamey Court of Appeals acquitted him in December of that year. Rhissa’s release followed the the end of the armed conflict between the government and the Tuareg in northern Niger following a 2009 peace arrangement brokered by Libya.

The last execution in Niger took place in 1976. Death sentences continue to be pronounced by courts, but this happens very rarely according to Amnesty International. In 1987, former President Saïbou announced that all death sentences confirmed on appeal would be commuted to life imprisonment. Saïbou left office in 1993. Although Niger declared before the U.N. Human Rights Council that it had a de facto moratorium (see below), this is difficult to reconcile with Niger’s stance at the U.N.G.A. In 2007, 2008 and 2010, Niger abstained from voting on the U.N.G.A. moratorium on the death penalty. In 2008 and 2010, it signed the Note Verbale of dissociation.

In August 2010, the Conseil Consultatif National, the transitional legislative body created after the February 2010 coup, recommended that the government “initiate a new discussion on the abolition of the death penalty.” On December 13, 2010, the head of State, Djibo Salou, convened the Conseil Consultatif National for an extraordinary session, lasting five days, in order to discuss an abolition bill. The Niger government wished to bring its criminal law into compliance with its international human rights obligations and with its new Constitution, all of which guarantee the right to life. The bill provided that the death penalty would be abolished, that all existing death sentences would be commuted to life imprisonment, and that the death penalty would be replaced by life imprisonment in all relevant criminal legislation. However, on December 16, 2010, the Conseil Consultatif rejected the bill by 40-23. One year later, in November 2011, the Minister for Justice, Amadou Marou, stated that the defeat of the abolition bill was the only failure of the country’s transitional period. He explained that the Niger people were not ready, and that the conservative forces in the country had resisted abolition.

At its Universal Periodic Review before the U.N. Human Rights Council in February 2011, Niger declared that it was “developing strategies for approval” of the Second Optional Protocol to the ICCPR on the abolition of the death penalty. The government delegation added that Niger had a de facto moratorium on the death penalty, and had developed a three-pronged strategy for abolishing capital punishment. Stage 1 consists in raising public awareness on death penalty issues among religious leaders, traditional chiefs, NGOs, political parties and state bodies. Stage 2 consists in ensuring public support, and stage 3 involves submitting the abolition bill to a vote. Niger explained that the three stages had not been completed when the abolition bill had been presented to the Consultative Council in 2010, and that as a result, opposition had been divided between those who thought a wider public debate necessary before any decision was taken, and those who considered that abolition was not a real domestic issue and was the result of lobbying by certain international organizations. However, the government noted that there is an abolitionist movement in Niger, and that Niger had ratified every other international human rights treaty. The government stated that it would re-engage the above strategies in order to successfully pass a law abolishing the death penalty.

Action pour une Education de qualité (Action for Quality Education)
Mr. Boubacar Inoussa
Coordinateur (Coordinator)
BP 576 Niamey, Niger
Tel: + 227 94 60 36 35
Fax: + 227 90 21 92 31
inoussa.boubacar@yahoo.fr

ROTAB (Réseau des Organisations pour la Transparence et l’Analyse Budgétaire) (Budgetary Transparence and Analysis Organizations Network)
Mr. Ali Idrissa
Coordinateur (Coordinator)
Quartier Terminus Villa 103
BP 10 468 Niarney, Niger
Tel: + 227 21 76 52 38
Fax: + 227 74 02 27
pcqvpniger@yahoo.fr
www.rotabniger.org/rotab2/index.php

SYNAFEN (Syndicat national des agents de la formation et de l'éducation du Niger) (National union of training and education agents in Niger)
Mr. Almoustapha Moussa
Secrétaire Général (Secretary General)
Bourse du Travail CGSL-Niger BP 12400
00227 Niamey, Niger
Tel: +227 21 79 33 50
Fax: +227 20 33 05 12
synafen@yahoo.fr.

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk.

Jurisprudence may be consulted on the following websites (in French):

JuriNiger: http://juriniger.org/juriniger/
Juricaf (for decisions by the highest court): http://www.juricaf.org/recherche.

Amnesty Intl., Niger, Submission to the UN Universal Periodic Review, AFR 43/001/2010, Jul. 5, 2010.

The Association Nigérienne pour la Défense des Droits de l’Homme (ANDDH) publishes yearly human rights reports, as well as thematic reports on human rights issues. They are available on http://anddh-niger.org.

None.