Niger’s year under military rule: human rights in peril

(Nairobi) – One year has passed since the military coup in Niger, and during this period, the military authorities have systematically suppressed opposition, independent media, and peaceful dissent, according to a joint statement released today by Amnesty International, Human Rights Watch, and the International Federation for Human Rights (FIDH).

The current regime has arbitrarily detained former President Mohamed Bazoum, alongside at least 30 officials from the ousted government and individuals associated with the deposed leader, as well as several journalists. Despite pledging to combat corruption, the authorities have resisted any scrutiny of their military expenditures. The Nigerien authorities must immediately release all individuals held for political reasons, uphold fundamental freedoms including the rights to expression, opinion, and association, and publicly commit to transparency and accountability in managing military spending.

“A year on from the military takeover, instead of making progress towards human rights and the rule of law, Niger’s military authorities are intensifying pressure on opposition figures, civil society, and independent media,” stated Samira Daoud, Amnesty International’s Regional Director for West and Central Africa. “The Nigerien military must release Mohamed Bazoum and all political detainees, ensuring their rights to due process are respected.”

On July 26, 2023, General Abdourahamane Tiani and other officers from Niger’s National Council for the Safeguard of the Homeland (CNSP) overthrew Mohamed Bazoum, who was democratically elected President in 2021, and arbitrarily detained him, his family, and several cabinet members. In response, on July 30, 2023, the Economic Community of West African States (ECOWAS) imposed sanctions, including economic penalties, travel bans, and asset freezes against the coup leaders and the country. On August 22, 2023, the African Union suspended Niger from participation in its various bodies. Then, on January 28, 2024, Niger, Burkina Faso, and Mali announced their withdrawal from ECOWAS, which subsequently lifted sanctions against Niger on February 24.

Since the coup, Mohamed Bazoum and his wife have been held at the presidential palace in Niamey, the capital. The three human rights organizations have consistently voiced concerns about their well-being. In August 2023, authorities declared their intention to prosecute Mohamed Bazoum for “high treason” and undermining national security, yet he has not been brought before a judge. In September 2023, Mohamed Bazoum filed a lawsuit with the ECOWAS Court of Justice in Abuja, alleging human rights violations during his family’s detention. By December 2023, the ECOWAS Court ruled that Bazoum’s detention was arbitrary and called for his release. In April, the authorities initiated legal proceedings to revoke his presidential immunity, enabling his trial for alleged crimes committed since his 2021 election. On June 14, 2024, Niger’s State Court lifted his immunity following a process that failed to adhere to essential due process norms and international fair trial standards, including the right to defense.

The military authorities have also arbitrarily arrested at least 30 officials from the former government, including ex-ministers, presidential cabinet members, and individuals close to the ousted president, without providing them due process or fair trial rights. Lawyers representing the arrested individuals reported that their clients were held incommunicado by intelligence services before being transferred to high-security prisons on unsubstantiated charges. At least four were released on bail in April, while all others were charged with “undermining state security,” among other offenses, by a military tribunal despite being civilians.

Since the 2023 coup, media freedom has been severely curtailed in the country. Authorities have threatened, harassed, and arbitrarily detained journalists, many of whom report self-censoring due to fear of reprisal.

On September 30, individuals claiming to be security forces arrested blogger and journalist Samira Sabou at her mother’s home in Niamey. Sabou’s detention location remained unknown for seven days. Niamey’s judicial police initially denied her arrest, but on October 7, Sabou was transferred to the Niamey police’s criminal investigations unit, where her lawyer and husband visited her. On October 11, she was charged with “producing and disseminating data likely to disturb public order” and released pending trial, for which no date has been set.

On January 29, the Minister of Interior issued a decree suspending the activities of Maison de la Presse, an independent media organization, and announcing the creation of a new media management committee led by the ministry’s Secretary General.

On April 13, security forces arrested Ousmane Toudou, a journalist and former communications advisor to the deposed president. In the days following the July 2023 coup, Toudou had publicly condemned the military takeover in a widely shared social media message. In May 2024, he was charged with “conspiracy against state security” and placed in provisional detention.

On April 24, security forces arrested Soumana Maiga, publishing director of L’Enquêteur, after his newspaper republished an article from a French newspaper about the alleged installation of listening devices by Russian agents on official state buildings. He was brought before a judge in May, detained for undermining national defense, and released on July 9 pending his trial.

Tchima Illa Issoufou, the BBC Hausa Service correspondent in Niger, reported receiving threats from security force members who accused her of attempting to “destabilize Niger” due to her coverage of the security situation in the Tillabéri region, western Niger, where armed Islamist groups conduct attacks against civilians and security forces. “I was attacked by junta supporters on social media,” she explained to Amnesty International in May after fleeing Niger for another country. “They accused me of working under foreign influence.” On April 26, security forces arrested Ali Tera, a civil society activist whom Tchima Illa Issoufou had interviewed.

On May 29, the Minister of Justice and Human Rights issued a circular suspending all visits by human rights organizations to Nigerien prisons “until further notice,” in violation of national and international human rights law, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Niger ratified in 1988.

On June 12, the Minister of Justice and Human Rights published a press release announcing amendments to a 2019 cybercrime law. This law, which criminalized “the dissemination, production, and making available to others of data likely to disturb public order or harm human dignity through an information system,” had been used to repress human rights, particularly the right to freedom of online expression in 2020. In 2022, Mohamed Bazoum’s government, following a sustained civil society campaign, amended the law, replacing prison sentences with fines for defamation-related offenses. The June 12 amendments, however, reintroduce prison sentences.

“The extensive list of attacks against journalists over the past year demonstrates the authorities’ determination to restrict press freedom and the right to access information,” explained Drissa Traoré, FIDH Secretary General. “The amendment of the 2019 cybercrime law represents a dangerous regression and could be used to silence any dissenting voice, and certainly to further target human rights defenders, activists, and journalists. The Nigerien authorities must reverse this decision and guarantee freedom of expression.”

The African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both ratified by Niger in 1986, guarantee the rights to freedom of opinion and expression.

On February 23, Abdourahamane Tiani, who pledged to fight corruption after seizing power, signed an order revoking all oversight of military expenditures. The order states that “expenditures for the acquisition of equipment or material or any other supplies, the execution of works or services intended for the defense and security forces […] are excluded from the scope of legislation relating to public procurement and public accounting” and are also exempt from taxes. Public transparency regarding military budgets and expenditures is crucial for combating corruption and mismanagement. It also contributes to upholding human rights and the rule of law, ensuring proper management of military spending, and governmental accountability, the organizations affirmed.

“Public scrutiny of the army’s economic activities is not only essential for re-establishing civilian democratic rule and holding military authorities accountable for abuses, but also for preventing the loss of public resources due to corruption and mismanagement,” concluded Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch. “Nigerien authorities should commit to transparency and accountability by immediately disclosing verifiable financial information on military expenditures.”