International PEN and ors (on behalf of Saro-Wiwa) v Nigeria, Decision on Merits, Communication No 137/94, Communication No 139/94, Communication No 154/96, Communication No 161/97, (2000) AHRLR 212 (ACHPR 1998), (2000) 7(1) IHRR 274, IHRL 195 (ACHPR 1998), 31st October 1998, African Commission on Human and Peoples' Rights [ACHPR]
Whether the treatment of the deceased while in detention violated the Article 5 of the African Charter on Human and Peoples' Rights (‘African Charter’) prohibition on torture and cruel, inhuman or degrading treatment and Article 16, the right to health.
Whether domestic legislation allowing for detention of up to three months without charge violated the Article 6 prohibition on arbitrary detention.
Whether the composition of the special tribunals established under the Civil Disturbances Act was independent as stipulated by Article 26 of the African Charter and whether a fair trial had been given pursuant to Article 7.
The violation of the right to life through the execution of the deceased.
Whether the government's response to the death of four Ogoni chiefs who died after a political rally was so heavy as to undermine the right to freedom of assembly as enshrined in Article 11 of the African Charter.
Whether the prosecution of the deceased undermined his freedom of association and freedom of expression in violation of Articles 10 and 9(2) of the African Charter.