Bail is a rule, jail is an exception” is a popular saying in the judiciary. However, when it comes to the case of U.S. citizen and Binance executive Tigran Gambaryan, all set norms of “due process” in judiciary have been flouted as he continues to rot in a Nigerian prison for the past 225 days.
What exactly is the alleged crime of Tigran? He has not been accused of terrorism, murder or any depraved moral act. He was serving as the head of Binance Financial Crime Compliance, when he was invited for a discussion with top Nigerian officials early this year. However, the meeting resulted in the arrest of Tigran and him being charged for compliance related issues Binance was facing in Nigeria.
Since then, Tigran has continued rotting in a prison cell in Nigeria, as his health continues to deteriorate day by day. A viral video had emerged recently of Tigran where he was seen using a crutch to limp towards a court hearing, clearly in pain, as he screamed, “This is so fu**ed up!”
Call it what you may, but “police are your friend” is a language ascribed to investigations that follow due process irrespective of nationality.
It is safe to say we are first of all human before being classified into citizens and foreigners.
The indefinite jailing of Tigran has violated humanity and justice on multiple fronts. This has also led to much controversy and debate among Nigerians and international bodies.
The arrest of Tigran Gambaryan and Due Process
The Binance executive was arrested in February 2024 and charged with money laundering. Since then, he has been remanded in the Kuje prison in Nigeria despite international intervention and calls for his release on medical grounds. Many have since then questioned the principles of due process and the rule of law in Nigeria.
Due process, as a concept entrenched in law, implies fairness in treatment through the law courts, especially that of the individual involved. It is also true that due process does not allow any person to be denied his/her life, liberty, and property. In the matter of Tigran Gambaryan, the due process of law and fair trial rights concerns have been breached due to prolonged detention of an individual without a specific resolution or trial date.
The legal culture in Nigeria, like in other nations, assumes that the accused is innocent until declared as a convict by the court. In the case of the Binance executive, the prolonged detention has undermined the foundation on which justice is built.
Deteriorating Health of Tigran in Nigerian Jail
Since Gambaryan’s imprisonment, his health has reportedly deteriorated, as he was recently seen in a video walking to the court with crutches and asking for help, which he was denied. Since then, several calls have been made to ensure his release. On September 12, the U.S. government ordered his release on humanitarian grounds, while his wife Yuki accused the Nigerian authorities of “playing with her husband’s life.” Despite the plea and efforts made, the Binance executive is yet to get his bail application granted; instead, the decision was adjourned to October 9.
What are Nelson Mandela Rules for Prisoners?
The Nelson Mandela Rules are worth considering when it comes to prisoners’ rights, and this concerns, among many issues, the medical health of the prisoners. The negligence of these health concerns on Gambaryan could, most likely, be treated as cruelty since the offence of keeping him in prolonged detention without trial is already a cruel punishment in itself.