TORTURE – CITY LAWYER MAGAZINE

EMEKA NWADIOKE
Oct 25, 2022
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AGOMOH, TOP RIGHTS ADVOCATE, BAGS UN C’TE MEMBERSHIP

Foremost human rights advocate and Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh has been elected as a member of the United Nations Sub-Committee on Prevention of Torture (UN SPT). The election was held at Geneva, Switzerland on 20th October, 2022.

The UN Subcommittee on Prevention of Torture (SPT) is the international body established by the OPCAT. Consisting of 25 independent experts, the body has a preventive mandate focused on a proactive approach to preventing torture and ill treatment.

The SPT has a dual mandate to monitor conditions in detention and treatment of persons deprived of their liberty through country visits, and to advise on OPCAT implementation, in particular support the establishing and functioning of National Preventive Mechanisms.

Agomoh is the Founder and Executive Director of PRAWA, a Nigerian civil society organisation which promotes human rights especially of persons in prison and helps those who have survived prison to successfully integrate into the community.

She holds degrees in Law, Criminology, and Psychology which makes her strongly positioned to contribute to the work of the SPT through a holistic and multidisciplinary outlook.

Over the past 20 years, Agomoh has held key positions in global, regional and national institutions working to prevent torture through detention monitoring, security sector reform and support to survivors of torture. These include serving on the Executive Committee of the International Rehabilitation Council for Torture Victims (IRCT); the World Organisation Against Torture (OMCT), Global SOS-Torture Covid 19 Crisis Action Group, and the Independent Investigation Panel of Inquiry on the Nigeria Police Special Anti-Robbery Squad (SARS).

The highly decorated rights activist has personally carried out over 1000 prison monitoring visits covering about 150 prisons in 32 countries, providing her with extensive expertise in detention monitoring methodologies and engagement with detention authorities and detainees.

She is also a Council Member of Nigeria’s National Human Rights Commission and the Special Rapporteur on Police, Prisons and Centers of Detention (2001 – 2008); Co-Chair of Development Law Group (DLG) of the Nigeria Bar Association (NBA) Section on Public Interest and Development Law (2021 – 2023), and Co-Lead in the development of the harmonized curriculum for security agencies training institutions in Nigeria including thematic areas of Human Rights, Rule of Law, and Civil -Military Relations. She led the development of National Legal Aid Strategy of Nigeria 2016-2022.

Agomoh has conducted visits to places of detention in more than 32 countries in Africa, Asia, Europe and North America. She is a Fellow of the International Penal and Penitentiary Foundation (IPPF) with a specific focus on overuse of imprisonment and fairness and consistency in administrative and judicial decisions (2017 to present); Expert, United Nations Office on Drugs and Crimes (UNODC) on development of guidelines on rehabilitation of prisoners (2017); Visiting Expert on treatment of women prisoners, United Nations Asia and Far East (UNAFEI, 2015); Member, Executive Committee (Representing Sub Saharan Africa), International Rehabilitation Council for Torture Victims (IRCT, 2012-2016), and Member, World Organisation Against Torture (OMCT) Global SOS-Torture Covid 19 Crisis Action Group (September 2021-December 2022).

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EMEKA NWADIOKE
Apr 19, 2022
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NBA, ASF FRANCE OFFER FREE LEGAL SERVICES TO 120 VICTIMS

Avocats Sans Frontières France (ASF France) and the Nigerian Bar Association have provided free legal services to 120 victims of human rights violations relating to torture, arbitrary detention and extra-judicial killings.

This was disclosed during a meeting organized by ASF FRANCE under the European Union and the Agence Française de Développement (AFD) funded, “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) project. The project is targeted at addressing human rights violations in relation to torture, extra-judicial killings and arbitrary detention.

The one-day legal aid coordination meeting is the third Legal Aid Coordination Meeting organized in collaboration with NBA to foster ASF France mandate of promoting the enjoyment of human rights in Nigeria. It provided an opportunity for the project support lawyers to provide updates on the status of legal aid delivery in their respective states as regards the third year of the project. It also provided the opportunity for them to share experiences and exchange learning based on the cases being handled. The cases bother on provision of free legal assistance on the SAFE project to victims of torture and family members of victims of extra-judicial killings and arbitrary detentions.

The Country Director of ASF France, Angela Uwandu Uzoma-Iwuchukwu highlighted the importance of the engagement, saying “the legal aid coordination meeting is a very important avenue for us to re-evaluate our pro-bono legal aid processes and learn from each other towards improving the effectiveness of the legal aid component of the SAFE project”.

According to a statement made available to CITY LAWYER, the support lawyers delivered presentations on legal aid delivery under the SAFE project while recommendations were made to tackle the challenges highlighted by the support lawyers during their presentations.

The forum rounded off with deliberations aimed at improving results of the legal aid delivery component of the project. During the deliberations, Aïssatou Kumagangue, Project Officer at the Agence Française de Développement (AFD) commended the support lawyers, saying: “I am immensely proud of the pro-bono legal aid delivery of this project. Thank you for the silent but impactful work of you lawyers; please keep it up”. Esmé Stuart, Programme Manager, Human Rights and Gender, European Union (EU) also highlighted the importance of the legal aid component of the project, saying: “The legal aid component of this project helps to consolidate the outcomes of the entire project; we have to keep up the good work to ensure that we bring justice to where it is underserved.”

The SAFE project is implemented by Avocats Sans Frontières France in partnership with the Nigerian Bar Association and the Carmelite Prisoners’ Interest Organization. ASF France aims to sustain the impact of the Situation Room by virtually convening more frequently to monitor and review the implementation of the adopted strategies.

In attendance at the meeting were the SAFE project support lawyers, nominated NBA pro-bono lawyers, the NBA SAFE project focal person, and representative of the Legal Aid Council of Nigeria.

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EMEKA NWADIOKE
Mar 09, 2022
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ASF FRANCE TRAINS SECURITY AGENCIES ON HUMAN RIGHTS

Avocats Sans Frontières France and its partners in Nigeria have hosted a one-day stakeholders roundtable meeting on Human Rights in Kaduna State.

In a statement made available to CITY LAWYER and signed by its Country Director, Angela Uwandu Uzoma-Iwuchukwu, the association stated that “The aim of the stakeholders’ roundtable meeting organized in collaboration with ASF France local partners, the Nigerian Bar Association and the Carmelite Prisoners Interest Organization was to sustain the momentum on key human rights discourse such as stakeholders’ mobilization for the implementation of the Anti-torture Act and development of recommendations for promotion of respect for human rights in Kaduna state.”

Below is the full text of the statement.

The importance of stakeholder engagement in achieving sustainable change cannot be overemphasized, based on this, Avocats Sans Frontières France and its partners in Nigeria hosted a one-day stakeholders roundtable meeting on Human Rights in Kaduna State on the 3rd of March 2022. The meeting was hosted under the European Union and the Agence Française de Développement funded “Strengthening the National Actors Capacities and Advocating for an End to Severe Human Rights Violations in Nigeria project” (SAFE), targeted at addressing issues of torture, extra-judicial killings and arbitrary detention in Nigeria.

The aim of the stakeholders’ roundtable meeting organized in collaboration with ASF France local partners, the Nigerian Bar Association and the Carmelite Prisoners Interest Organization was to sustain the momentum on key human rights discourse such as stakeholders’ mobilization for the implementation of the Anti-torture Act and development of recommendations for promotion of respect for human rights in Kaduna state.

Prior to the stakeholders’ roundtable meeting, a training on human rights was held on the project for security agencies in Kaduna state from the 28th of February 2022 to the 2nd of March 2022. The 3-day training which was aimed at bridging the knowledge gap of security agencies on Human Rights laws and standards had in attendance 30 security personnel drawn from the Nigerian Police Force (NPF), Nigerian Army (NA), the Department of State Security (DSS), Nigeria Security and Civil Defense Corps (NSCDC), Nigerian Corrections Service (NCS), Nigerian Drug Law Enforcement Agency (NDLEA), Economic Financial Crimes Commission (EFCC), and the Vigilante Service.

As for the roundtable, 25 participants drawn from various security agencies, key justice sector institutions and CSOs in Kaduna State such as the Police, Corrections, Army, Department of Security Services (DSS), National Drug Law Enforcement Agency (NDLEA), Nigerian Security Civil Defense Corps (NSCDC), Nigerian Air Force (NAF), National Human Rights Commission (NHRC), Legal Aid Council of Nigeria (LACON), Nigerian Bar Association (NBA), Nigerian Union of Journalist (NUJ), and media organizations participated in the deliberations.

At the end of the roundtable, Mrs. Angela Uwandu Uzoma-Iwuchukwu, the Country Director of Avocats Sans Frontières France in Nigeria, commended stakeholders for key recommendations made and highlighted the need to actualize these recommendations through high level advocacy and partnerships. Some of the insightful recommendations made by stakeholders in response to the human rights issues raised are as follows:

Officers of Nigerian security agencies are urged to accord more humane treatment to detainees, as this falls within the ambit of their fundamental human rights.
Officers of Nigerian security agencies are urged to show respect for the rights of Nigerian citizens during the discharge of their duties.

Implementation of high-level advocacy to the hierarchy of relevant human rights stakeholders in Kaduna State, for implementation of the Anti-torture Act (2017) in the state.

Improvement of the modus operandi of the Nigerian Police Force as it relates to civilized conduct and humane treatment of Nigerian citizens.

Improvement in the efficiency levels of the Ministry of Justice in Kaduna State to boost the process of promoting and protecting the human rights of persons in the state.

Officers of Nigerian security agencies are urged to show decorum and respect in their dealings with legal counsels and arbitrators.

Journalists and other media professionals are urged to actively participate in the campaign against torture. Media professionals in the state are urged to leverage the wide array of tools available to them in amplifying the activities and outcomes of the SAFE project for wider reach and impact.

Relevant stakeholders in the Kaduna State criminal justice sector are urged to implement initiatives that improve the capacity of their personnel as it relates to the intersect between human rights & the discharge of their duties.

Avocats Sans Frontières France was called upon to engage in the development and dissemination of radio jingles and other media visibility tools that reinforce the zero-tolerance culture to torture in Nigeria.

Signed: Angela Uwandu Uzoma-Iwuchukwu, Country Director, ASF France Nigeria

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

EMEKA NWADIOKE
Jan 09, 2022
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#ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

The United Nations Committee against Torture (UN-CAT) is worried by “militarization of policing activities” by Nigeria through joint operations, saying this was reported during the #ENDSARS protest at Lekki on October 20, 2020 and the lockdown imposed to contain the spread of the COVID-19 pandemic.

The Committee also stated that it is “deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force,” even as it also expressed concern at “reports on the continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

In its latest report on torture in Nigeria, UN-CAT commended “ongoing efforts to reform the police, the enactment of the Police Act and the revision of the Police Force Order 237 incorporating international standards,” but stated that it is concerned at reports of excessive use of force, “including lethal force by shooting leading to extrajudicial killings, during arrests or policing the demonstrations.”

It noted that the “growing militarization of policing activities” led to 38 complaints of extrajudicial killings recorded by the National Human Rights Commission, or other demonstrations having been held in south-eastern states, adding that “The Committee is deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force.”

While noting Nigeria’s commissioning of the National Human Rights Commission to conduct investigations, establishing judicial panels of inquiries at federal and states level, and the disbandment of SARS, the Committee “observes that the judicial panels received reportedly 2,500 complaints on torture and ill-treatment, arbitrary arrests and detentions, and extrajudicial killings, but remains concerned that no reports on investigations have been made public, accompanied by the lack of accountability.”

It noted that some of the panels reportedly stopped sitting due to lack of funding, adding that the “Committee is also concerned at: the use of 2014 legislation by the police against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons to legitimize arbitrary arrest and detention, among others; at reports of arbitrary detention without criminal charge or conviction and ill-treatment of persons with intellectual and psychosocial disabilities in public institutions and private settings, including religious and traditional healing centres; and, ill-treatment inflicted on drug users particularly by members of National Drug Law Enforcement Agency and in the drug rehabilitation facilities (arts. 1, 2, 11-14 and 16).”

The Committee urged the Federal Government to “Ensure that law enforcement and security forces personnel continue to receive training on the absolute prohibition of torture and on the use of force, including the Police Force Order 237, taking into account the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

“Make the findings of the established judicial panels of inquiries public and immediately investigate allegations of abuses committed by police, SARS officers, and security forces employed in the policing activities, by an independent body and provide disaggregated information on prosecutions, full redress of victims, and resources allocated for that purpose;

“Stop and investigate arbitrary detentions and assaults against persons with disabilities, drug users or LGBTI persons and investigate those incidents, prosecute alleged perpetrators and provide effective remedies to the victims.”

Turning to inadmissibility of confessions obtained under torture, the UN-CAT welcomed legislation prohibiting the admission of confessions obtained under torture (the Anti-Torture Act, the Evidence Act, and the Administration of Criminal Justice Act). It however expressed concern at reports on the “continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

It noted that “Despite the existing legal safeguards, including recording of confessions” or possibility to complain about duress before a judge, “numerous reports highlight that coerced confessions are accepted in practice contrary to the law. The Committee regrets that no solid information has been provided by the State party about the application of these legal safeguards by judges in practice (arts. 2, 10 and 15).”

The Committee urged the Federal Government to “Adopt effective measures to ensure that confessions, statements and other evidence obtained through torture or ill-treatment are not admitted in evidence in practice, except against persons accused of committing torture, as evidence that the statement was made under duress, and that prosecutors and judges ask all defendants in criminal cases whether they were tortured or ill-treated, that all allegations of torture and ill-treatment raised in judicial proceedings in the State party are promptly and effectively investigated and alleged perpetrators prosecuted and punished; Provide information on cases, where this has been applied.”

According to the Committee, the Federal Government should “Ensure that all police officers, national security officers and military, judges and public prosecutors receive mandatory training emphasizing the link between non-coercive interrogation techniques, the prohibition of torture and ill-treatment and the obligation of the judiciary to invalidate confessions made under torture.”

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.

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.”

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.”

EMEKA NWADIOKE
Mar 13, 2021
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LAWYERS WITHOUT BORDERS LAUNCH POLICE SITUATION ROOM

As part of its efforts in promoting the enjoyment of Human Rights in Nigeria, Avocats Sans Frontières France (ASF France or Lawyers Without Borders), in collaboration with its partners, the Carmelite Prisoners Interest Organisation (CAPIO) and the Nigerian Bar Association (NBA) has set up “The Police and Civil Society Organizations (CSOs) Situation Room” in the Federal Capital Territory, Abuja.

A statement made available to CITY LAWYER shows that the Situation Room was established under the “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) funded by the European Union and the Agence Française de Développement (AFD), and is targeted at addressing human rights violations such as torture, extra-judicial killings and arbitrary detention.

In attendance at the maiden convening of the situation room were representatives of ASF France, the Nigeria Police Force (NPF), National Human Rights Commission (NHRC), Legal Aid Council of Nigeria (LACON), Federal Ministry of Justice (FMOJ), CAPIO, NBA, and key CSOs working on justice sector reform in Nigeria such as Amnesty International, CLEEN Foundation, Access to Justice. Others were representatives of CSOs from Lagos, Enugu and Kaduna States.

In line with ASF France’s objectives for establishing the situation room, insightful contributions were made by members of the situation room as follows:

Create a pool of possible reforms that are consistent with international best practices in respect of Police accountability and human rights;
Create a platform for CSO monitoring and collaboration with the Police on its operations towards human rights enforcements;
Develop strategies aimed at improving the respect of human rights by officers and men of the Nigerian Police Force; and
Boost the image of the Nigerian Police Force before the citizens.

The situation room also considered recommendations generated from State-level stakeholders roundtable meetings organised on the SAFE Project on Human Rights. The Head of Office of Avocats Sans Frontières France, Angela Uwandu, in her opening remarks said: “The work for the advancement of Human Rights in the country should be a collaborative effort between CSOs and the Government hence the dire need for the situation room”. She also called on CSOs to replicate this effort so as to sustain the gains of the engagement.

In his contribution, the representative of the Inspector General of Police, Mr. Mohammed Adamu, restated the commitment of the Police to the advancement of human rights and the strengthening of the rule of law in the country.

The O/C of the Police Complaints Response Unit (P-CRU), ACP Martins Ishaku Basiran, during his presentation on the Police Internal Mechanism for Accountability for Human Rights Violations by Police Officers said “a total of 2,156 complaints were reported during the 2019 period, 1,617 (75%) complaints were resolved, 108 (5%) complaints were found to be false and 431 (20%) complaints are still under investigation. There is an urgent need to establish P-CRU Desk offices across various States of the country to ensure that complaints are reduced to the barest minimum”.

ASF France aims to build on a successful maiden convening of the situation room to ensure sustainability of this initiative. The situation room would continue to expand and operate remotely as it gears up for its next convening.

ASF France’s SAFE project is co-funded by the European Union (EU) and the French Agency for Development (AFD) and is implemented in partnership with the Nigerian Bar Association and the Carmelite Prisoners’ Interest Organization (CAPIO).

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