UNITED NATIONS

  • EMEKA NWADIOKE
  • Jan 21, 2022
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‘WE WANT REPORT ON TORTURE, SARS,’ SAY UN

The United Nations has called on the Federal Government to provide, by 3 December 2022, information on its follow-up to the Committee’s recommendations in its latest report on torture in Nigeria.

According to the global body, the information should dwell on “allegations of torture, ill-treatment, arbitrary detention and excessive use of force, in particular by SARS.”

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also sought information on pretrial detention and overcrowding; the national preventive mechanism; and gender-based violence. “In the same context, the State party is invited to inform the Committee about its plans for implementing within the coming reporting period, some or all of the remaining recommendations in the concluding observations,” said the Torture Committee.”

Turning to “Redress, including compensation and rehabilitation,” the UN Committee against Torture welcomed sections 6 and 9 of Nigeria’s Anti-Torture Act that stipulate access to legal assistance and right to claim compensation for torture and ill-treatment, “and the part 32 of the Administration of Criminal Justice Act 2015 that provides for costs, compensation, damages and restitution for victims of crime.”

It however “regrets the lack of information on the actual application of those provisions, including the data on victims of torture and ill-treatment who have obtained redress thus far. The Committee also regrets the lack of information whether victims of torture had received medical or psychosocial rehabilitation, in addition to compensation, and whether specific rehabilitation programmes have been established for them (arts. 2 and 14).”

The Committee urged the Federal Government to “Ensure that an explicit provision in the Anti-Torture Act allows victims of torture and ill-treatment to obtain redress, including the means for as full a rehabilitation as possible, as set out in its general comment No. 3 (2012),” and

“Establish rehabilitation programmes for victims of torture and ill-treatment, in cooperation with specialized civil society organizations, for example through mandating judicial panels operating across the country, and allocate resources to implement such programmes.”

Speaking on the follow-up procedure, the Committee “invites the State party to consider making the declarations under articles 21 and 22 of the Convention and to ratify any core United Nations human rights treaties to which it is not yet party.”

It also urged the Federal Government to “disseminate widely the report submitted to the Committee and the present concluding observations, in appropriate languages, through official websites, the media and non-governmental organizations and to inform the Committee about these activities.”

On the continued default by Nigeria on its reporting obligations to the Torture Committee, the CAT urged Nigeria “to comply with its reporting obligations under article 19 of the Convention and to submit its report, which will be considered its second, by 3 December 2025. To that end, the Committee invites the State party to accept, by 3 December 2022, to prepare its report under the simplified reporting procedure, whereby the Committee will transmit to the State party a list of issues prior to reporting. The State party’s response to that list of issues will constitute its second periodic report under article 19 of the Convention.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

CAT_C_NGA

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  • EMEKA NWADIOKE
  • Jan 18, 2022
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‘WE’RE ALARMED AT GENDER-BASED VIOLENCE BY BOKO HARAM, OTHERS,’ SAYS UN

The United Nations has raised an alarm over widespread sexual and gender-based violence inflicted by Boko Haram.

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also expressed concern over allegations of sexual violence against women and girls committed by the Civilian Joint Task Force (CJTF) officers.

According to the report, while the Committee welcomed the adoption of the Violence against Persons (Prohibition) Act (VAPP), it “regrets that it is not applicable in all states yet. It takes note of other administrative interventions of the State party, including declaration of the state of emergency by the governors on gender-based violence, the establishment of gender-based units by the Ministry of Justice, and creation of sexual and assault referrals centres.”

Turning to sexual violence, the CAT said it “remains alarmed by the ongoing widespread sexual and gender-based violence inflicted by Boko Haram and the lack of protection from the reported kidnappings of girls and boys by armed groups between 2014 and 2021,” adding that “The Committee is seriously concerned at the allegations of sexual violence against women and girls committed by CJTF officers, in particular in Bama Hospital and Secondary School camps, and sexual exploitation and abuse in the state-run camps for internally displaced, informal camps, and local communities in Maiduguri, Borno State, and across the northeast.”

On female genital mutilation, the UN Committee said it is “alarmed” that the practice continues to be practised “without any effective steps taken by the State party to eliminate it. It is also concerned at the high rate of maternal mortality often resulting from rape, impeded access to contraception and the criminalization of abortion, except for the purpose of saving the life of the mother, as it pushes women into illegal and unsafe abortions endangering their health and lives (arts. 2, 12–14 and 16).”

On the way forward, the Committee urged the Federal Government “to continue its ongoing efforts to combat all forms of sexual and gender-based violence, especially those cases involving actions or omissions by State authorities or other entities which engage the international responsibility of the State party under the Convention.”

It however stated that the government should “Strengthen efforts to enact the Violence against Persons (Prohibition) Act in its whole territory;

“Take effective steps to protect internally displaced persons, especially women and girls, to prevent and eradicate female genital mutilation and provide protection measures for girls at risk, and ensure effective investigations into all cases of gender-based violence by State and non-State actors, prosecutions and redress to victims, including adequate compensation and access to medical services and counselling, and provide details on those case,” and
“Ensure access to comprehensive sexual and reproductive health services and decriminalize the voluntary termination of pregnancy in cases where carrying a pregnancy to term would cause the woman considerable suffering, where the pregnancy is the result of rape, and where the pregnancy is not viable.”

On death penalty, the Committee noted the 2003 recommendation of a national study group on moratorium of death penalty and the “alleged absence” of executions since 2016, but “regrets that death sentences continued to be pronounced in 2019 and 2020.”

It also noted the enactment of the Nigerian Correctional Service Act, in particular section 12(2)(c) that provides for commutation of death to life sentence for prisoners who have spent more than 10 years on death row as well as periodic reviews carried out by the Presidential and State Committees on Prerogative of Mercy.

The Committee however “regrets the lack of official number of persons on death row – some reports estimate 2,700 – as well as details on application of the commutation provision and pardons granted in the whole territory. The Committee is distressed by reports that capital punishment can be imposed in twelve states under sharia jurisdiction for offences, such as adultery, apostasy, witchcraft, or sexual relations between same sex persons, among others, including on juveniles, due to the vague definition of the child by puberty, despite the State party’s statement that death sentence cannot be imposed on person younger than 18 years of age (art. 16).”

To curb the malaise, the Committee urged the Federal Government to “Prohibit immediately the death penalty for all persons under the age of 18 in compliance with federal law, including in the states under sharia jurisdiction.”

It also urged the government to “Commute all death sentences already handed down to prison sentences as provided by the Nigerian Correctional Service Act; consider declaring an official moratorium on the death penalty for all crimes in law in the whole territory; consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights; and, provide details on commuted sentences and granted pardons.”

The UN Committee said it “is deeply concerned about the prevalent use of corporal punishment of children in private settings, such as home and other alternative care, provided for in law (section 295 of the Criminal Code applicable in the southern states and section 55 of the Penal Code in northern states).”

On the Child Rights Act 2003, the Committee regretted that it “has not been transposed in the legislation of all states. The Committee notes particularly the sections 11 and 221(1)(b) of this Act, the former prohibiting torture and ill-treatment and the latter corporal punishment for criminal offences. It is distressed by reports that the former provision is not interpreted as prohibiting corporal punishment of children in the aforesaid settings and that corporal punishment on persons under the age of 18 as a sentence for crime can be still imposed in states under sharia jurisdiction (arts. 1, 2, 4, 11 and 16).”

It urged the Federal Government to “Take further steps to enact the Child Rights Act 2003 in the whole territory, align the interpretation of its section 11 with the international standards, and explicitly prohibit in law and practice the corporal punishment of children in all settings, through acts or omissions by State agents and others who engage the State’s responsibility under the Convention, as a sentence for a crime or for disciplinary purposes.”

The government should also “Promote positive non-violent forms of discipline as an alternative to corporal punishment and conduct public awareness-raising campaigns about the harmful effects of corporal punishment, including of children.”

On impunity, the Committee against Torture noted the “great scale” of allegations and complaints of torture, ill-treatment and gender-based violence by non-State actors and State officials, including police, SARS, military and CJTF, that have been made, “the reports that the police oversight mechanisms, including the Police Service Commission and the National Human Rights Commission, remain ineffective, and the fact that numerous commissions of inquiries and panels at federal, state and military level were established to no avail, the Committee is deeply concerned at the lack of accountability due to a limited number of reported disciplinary measures and criminal prosecutions, which contributes to an environment of impunity (arts. 1, 2, 4, 11-13 and 16).”

It urged the Federal Government to “carry out prompt and effective investigations vis-à-vis the allegations of abuses committed by State and non-State actors.” The government should “Provide comprehensive information on precise disciplinary and criminal punishments handed down against police, SARS, CJTF and military suspected or convicted of engaging in torture, ill-treatment, extrajudicial killings, arbitrary detentions, among others, as well as against non-State actors;

“Take immediate measures to ensure the operationalization of effective and independent police oversight mechanism;

“Ensure that the judicial commissions or boards of inquiries are not merely established and used to replace proper criminal justice processes and ensure that there is no institutional or hierarchical relationship between the body’s investigators and the suspected perpetrators of such acts;

“Ensure that, in cases of alleged torture or ill-treatment, suspected officials are suspended from duty immediately for the duration of the investigation, to avoid the risk that they might otherwise be in a position to repeat the alleged act, commit reprisals against the alleged victim or obstruct the investigation,” and

“Ensure that training on the provisions of the Convention and the absolute prohibition of torture is mandatory for law enforcement and security forces personnel, prison staff, medical personnel, judges, prosecutors and lawyers and that the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) is made an essential part of the training.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

  • EMEKA NWADIOKE
  • Jan 12, 2022
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‘MAKE TORTURE C’TE INDEPENDENT,’ UN URGES FG

The Committee against Torture (CAT), a United Nations entity, has urged the Federal Government to ensure that the National Committee against Torture (NCAT) is given legal teeth and becomes an independent body.

While noting Nigeria’s ratification in 2009 of the Optional Protocol to the Torture Convention and its mandate to NCAT to visit places of detention and investigate any complaints of torture, the Committee “regrets” that Nigeria did not notify the United Nations of the designation of any National Preventive Mechanism.

“The Committee further notes that the National Committee against Torture was established by terms of reference rather than a legislative act regulating its functions, mandate, and resources among others,” said CAT. “The Committee is seriously concerned by its lack of legal, operational and financial independence, as it is situated in the Federal Ministry of Justice, and lack proper funding (arts. 2, 11, 13 and 16).”

The Torture Committee then called on the Federal Government to “Take measures to align the functioning of the National Committee against Torture with the Optional Protocol to the Convention and ensure its independence, sufficient staff and adequate resources and budget necessary for it to fulfil its preventive mandate effectively, in accordance with the guidelines on national preventive mechanism of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/12/5);

“Consider seeking technical assistance from the United Nations, including advice from the Subcommittee on Prevention of Torture on the establishment of the national preventive mechanism, in conformity with article 11 of the Optional Protocol;

“Ensure that all places of deprivation of liberty are subject to effective and regular monitoring visits by an independent body that involves medical personnel, that visits can be conducted without prior notice, that monitors hold confidential, private meetings with persons deprived of their liberty, without any reprisals and report publicly on their findings;” and
“Authorize non-governmental human rights organizations, as well as civil society actors providing health care and education, to undertake monitoring activities at detention centres.”

Turning to pretrial detention and overcrowding, the Committee commended Nigeria’s efforts to address the overuse of prolonged pretrial detention causing chronic overcrowding in detention facilities “through enactment of the Administration of Criminal Justice Act and its section 34 mandating chief judges or magistrates at state level to conduct monthly inspections of police stations and other places of detention within their jurisdiction, other than prisons, inspect records of arrests, direct the arraignment of suspects and grant bail.”

While noting efforts at prison decongestion leading to release of around 2,000 detainees and 160 juveniles and reports on release of around 7,813 prisoners from the correctional centres to reduce overcrowding and control the spread of the COVID-19 pandemic in 2020, “The Committee remains concerned however that around 72 per cent of the prison population is still awaiting trial even after the aforesaid measures. The Committee also understands that detainees can contest the legality of their detention before a judge and can submit a complaint to the National Human Rights Commission, but regrets to note the inefficiency of such system due to the significant delays in access to justice, among others (arts. 2, 11–13 and 16).”

To address these concerns, the Committee against Torture urged the Federal Government to “Ensure that Administration of Criminal Justice Act is properly implemented, the pretrial detention is effectively reviewed, that its duration does not exceed the legally established maximum and is as short as possible, and that its use is exceptional, necessary and proportionate;

“Ensure that pretrial detention is closely monitored by courts;

“Take into account the lessons learned from the federal decongestion program and COVID-19 pandemic and intensify its efforts to significantly reduce detention overcrowding, by making greater use of non-custodial measures, such as parole and early release, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);” and

“Ensure that effective, independent and accessible complaints mechanisms are available to all persons deprived of their liberty and that complaints are promptly, impartially and thoroughly investigated.”

On conditions of detention, the Committee noted Nigeria’s statement on the ongoing reforms of correctional facilities, “but remains concerned at numerous reports of poor material and sanitation conditions of detention that persist in all places of deprivation of liberty, the lack of access to proper medical care, including to persons with transmissible diseases, and inadequate food and water. It is also concerned at the reports of the lack of separation of juvenile inmates from adults, convicted persons from remanded detainees, in addition to detention of pregnant and breastfeeding women and persons with disabilities in general custodial facilities and without access to appropriate health services. The Committee regrets the lack of reliable information on the total number of prison deaths, their cause and follow-up investigations, such as the reported incident in Ikoyi prison in December 2019 (arts. 2, 11 and 16).”

The Committee against Torture urged the Federal Government to improve material conditions in police cells and correctional facilities, “including with regard to the ventilation, access to adequate food and running water and take measures to bring conditions in detention and the operational procedures into compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);

“Put in place systems to separate juveniles from adult prisoners and convicted prisoners from remand detainees, ensure that women are detained in gender-sensitive conditions and children are immediately released from custodial facilities, that inmates with disabilities are held in humane conditions and that prisons are adapted to their needs. Ensure that remanded and convicted persons with intellectual or psychosocial disabilities are transferred from custodial facilities to psychiatric hospitals or appropriate therapeutic settings;

“Provide adequate health services to all prisoners, and particularly those with disabilities, and conduct a thorough and independent medical examination of all detainees, both at the outset of detention and on a regular basis throughout the duration of detention;” and
“Ensure that all instances of death in custody are promptly, thoroughly and impartially investigated, including by means of independent forensic examination. It should also take measures to ensure the allocation of the necessary human and material resources for the proper health care of prisoners, and review the effectiveness of programmes for the prevention of suicide and self-harm, as well as for the prevention, detection and treatment of chronic degenerative diseases and infectious or contagious diseases in prisons. Lastly, the State party should compile and provide detailed information on the cases of death in custody and their causes.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jan 07, 2022
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‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

The Committee against Torture (CAT), a United Nations entity, has poked holes in the implementation of the Administration of Criminal Justice Act, saying there are “numerous shortcomings” in the implementation of the fundamental safeguards secured by the Act.

In its latest report on torture in Nigeria, the Committee commended the enactment of the legislation, but decried poor implementation which has made the realization of its safeguards a pipe dream.

According to CAT, “While welcoming the State party’s enactment of the Administration of Criminal Justice Act and its commitment to continue strengthening the justice system made during the universal periodic review (see A/HRC/40/7/Add.1), the Committee is concerned that despite the existing legal provisions, the implementation of fundamental safeguards is subject to numerous shortcomings.”

The Committee listed the implementation challenges to include: many instances in which persons are held in police custody beyond the legal time limit of 24 or 48 hours (in contravention to the section 35 of the Constitution and section 62 of the Police Act); the allegations of arbitrary arrests and incommunicado detentions without any contact with the relative or person of their choice and the absence of systematic and consistent use of registers of persons deprived of liberty at all stages of detention and details thereof, and the reports that the arrested persons do not receive routinely information about the reason of arrest and about their rights, including the right to legal representation.

Others are the fact that legal aid is difficult to obtain in practice, despite the establishment of the Legal Aid Council of Nigeria with its underfunded offices in all thirty-six states; the lack of routine audio or video recording of the questioning during the investigation in police custody despite a specific requirement provided for in law, and the absence of an independent medical examination from the outset of detention (art. 2).

The Committee then urged the Federal Government to: Ensure the right of detainees to be brought promptly before a judge, or to be freed, and to challenge the legality of their detention at any stage of the proceedings; Ensure that persons have their deprivation of liberty accurately recorded in registers at all stages of the proceedings and ensure their right to inform a relative or another person of their choice of their arrest or detention, and Ensure that arrested and detained persons are informed immediately of the accusations and charges against them and that they are able to have prompt access to a lawyer or to free legal aid throughout the proceedings, including during the initial interrogation and inquiry, in line with the Basic Principles on the Role of Lawyers and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

The Federal Government is also to: Provide the human and financial resources needed to ensure the proper functioning of all local branches of the Legal Aid Council; Ensure that the questioning of persons deprived of their liberty is video recorded, that those recordings are stored in a safe place under the control of oversight bodies and that the recordings are made available to investigators, detainees and their lawyers; Provide necessary technical and financial support to the police stations to facilitate the implementation of this recommendation, and Ensure that detainees have the right to request and obtain medical examination by an independent physician or a physician of their choice and that such medical examination is available without conditions and in full confidentiality promptly upon arrival at a police station, detention centre or prison.

The government is again urged to provide adequate and regular training on relevant legal provisions, monitor the compliance and penalize any failure on the part of officials to comply.

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jan 02, 2022
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UN RUES NIGERIA’S FAILURE TO SUBMIT TORTURE REPORTS

The Committee against Torture (CAT), a United Nations entity, has lamented Nigeria’s continued failure to comply with its reporting obligation under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In its latest report on torture in Nigeria, the Committee which operates under the ambit of Office of the High Commissioner for Human Rights (OHCHR), noted that Nigeria’s failure has “precluded the Committee from assessing the implementation of the Convention by the State party on the basis of the Government’s report.”

The Committee also observed that the Federal Government has for almost 20 years failed to submit a report on torture even when it was urged to “accept the simplified reporting procedure to assist it in preparing such report.”

While the Committee noted that the Federal Government in 2012 provided it with information on the establishment, mandate and conducted activities of the National Committee against Torture, the Committee bemoaned the persistent neglect by Nigeria of its reporting obligations, saying: “The Committee however regrets that the State party has failed to meet its reporting obligations under article 19 of the Convention for more than 19 years, which precluded the Committee from assessing the implementation of the Convention by the State party on the basis of the Government’s report.”

It also noted that “Notwithstanding the commitments made by the State party following the 2018 universal periodic review of the Human Rights Council to strengthen the implementation of its international obligations and cooperation with human rights protection mechanisms, in particular by reporting to all treaty bodies (see A/HRC/40/7/Add.1, para. 148.15-18), the Committee regrets that the State party has not yet complied with its reporting obligations under the Convention.”

Tracing its longstanding efforts to get the Federal Government to comply with its reporting obligations, the Committee noted that Nigeria acceded to the Convention on 28 June 2001, adding that “The State party was under an obligation to submit its initial report under article 19 (1) of the Convention by 28 June 2002. Each year thereafter, Nigeria was included in the list of States parties with overdue reports in the annual report, which the Committee submits to the States parties and the General Assembly.

Continuing, the Committee said: “By a letter dated 27 June 2012, the Committee reminded the State party about the overdue initial report and the possibility for the Committee to proceed with a review in the absence of a report as a result of the extended delay in its submission. On 10 December 2012, the State party sent a response to the Committee with information on the establishment, mandate and conducted activities of the National Committee against Torture, as follow-up to the letter sent to the Committee by the Chairman of the National Committee against Torture in Nigeria on 26 September 2012.”

Said the Committee: “By a letter of 30 September 2019, the Committee once again reminded the State party about the overdue initial report and the possibility for the Committee to proceed with a review in the absence of its overdue report and invited the State party to accept the simplified reporting procedure to assist it in preparing such report. In the absence of a reply, the Committee informed the State party about its decision to proceed to the review of the implementation of the Convention in the absence of the State party’s report at its seventy-first session by two subsequent letters of 9 December 2019 and 27 March 2020.”

According to the Committee’s report, “Due to the COVID-19 pandemic and its impact on the functioning of treaty bodies and in-person sessions, by a letter of 5 October 2020, the Committee informed the State party about the postponement and rescheduling of the State party review for the seventy-second session. On 10 September 2021, the Committee once again informed the State party of the possibility of reviewing the situation in the State party in the absence of a report at its seventy-second session, in accordance with rule 67 of its rules of procedure. The Committee welcomes the State party’s response confirming its participation in the seventy-second session sent on 22 October 2021 and its subsequent participation in the dialogue.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Dec 31, 2021
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  • Comments Off on TORTURE: UN COMMITTEE URGES TRAINING FOR NIGERIA’S JUDGES, LAWYERS

TORTURE: UN COMMITTEE URGES TRAINING FOR NIGERIA’S JUDGES, LAWYERS

The Committee against Torture (CAT) has urged the Federal Government to train judges and lawyers on the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Committee also expressed concern on “lack of information” on the application of the Convention by Nigeria’s courts, and on cases where the Convention has been directly applied by the domestic courts.

Rising from its 72nd meeting, CAT urged the Federal Government to “provide judicial officials and lawyers with specific training on applying the Convention directly and asserting the rights established in those provisions before the courts and submit information about specific cases in which the Convention has been invoked before the domestic courts in its next periodic report.”

While welcoming the enactment of the Anti-Torture Act that is applicable in the whole country, the Committee in its “Concluding observations in the absence of the initial report of Nigeria” noted that “it is concerned at the lack of information on the actual practice of direct application of the Convention by the domestic courts, and on cases where the Convention has been directly applied by the domestic courts (arts. 2 and 12).”

The Committee also expressed concern on the adopted definition of torture in Nigeria’s Anti-Torture Act, adding that contrary to the expectation of the Convention, a “specific purpose based on discrimination ground” is linked to the purpose of intimidation or coercion of an individual or a third party, rather than a standalone purpose.

Noting that the Anti-Torture Act “does not cover attempts to commit torture in accordance with Article 4 of the Convention and lacks specific provisions establishing statute of limitations and barring the amnesties and pardons for the acts of torture (arts. 1 and 4),” the Committee urged the Federal Government to “Continue to make efforts to bring its definition of torture fully into line with article 1 of the Convention and explicitly add the following separate purpose to the definition of torture: “or for any reason based on discrimination of any kind;” “Include criminalization of the attempts to commit torture in the Anti-Torture Act;” and “Clarify and ensure that there is no statute of limitations for the offence of torture explicitly provided in law in line with General Comment No. 3 (2012) on the implementation of article 14, and that torture is explicitly excluded from the scope of amnesty and pardon provisions.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

Shiite Killings: Access to Justice and NOPRIN Seek UN Intervention

Access to Justice (A2J) and the Network on Police Reforms in Nigeria have requested the Secretary-General of the United Nations, Mr. António Guterres to visit Nigeria to investigate the killing of Shiite protesters by men of the Armed Forces. Continue Reading