Last week, the National Committee against Torture commemorated the 2020 United Nations International Day in Support of victims of torture and issues bordering on torture and rights violation were revisited. KEHINDE OSASONA was there.
Torture, rights violation and the long walk
When in 2012, the then Chairman of the Governing Board of the National Human Rights Commission (NHRC), Chidi Odinkalu raised an allegation that the Nigeria Police Force engages in torture, the police hierarchy in a letter to NHRC described the remarks by Odinkalu as damaging.
NHRC nevertheless insisted that more than 2,500 extrajudicial executions are carried out annually.
Consequently, the chairman was summoned to appear before their Criminal Investigation Department for questioning for accusing the police of extrajudicial executions.
Disturbed by the development, former Africa Director at Amnesty International, Erwin van der Borght cautioned the police against any form of intimidation and harassment of the NHRC over the observation made.
Borght was quoted as saying: “The police ought to be spending their time and energy investigating allegations of extrajudicial executions, enforced disappearances and torture committed by their officers, rather than harassing the National Human Rights Commission.
“The Nigeria Police Force must immediately stop undermining the Commission’s ability to carry out its mandate, which is in line with Nigeria’s international human rights obligations and commitments.” He added.
Meanwhile, torture and all forms of human rights violation has come under severe attack lately by NGOs, CSOs and the human rights communities.
But while making their advocacy, various human rights groups had at one time or another accused Nigerian security operatives of involving in large proportion of these unlawful killings.
According to them, it had, in the past, constituted people disappearing from police custody or even extrajudicial executions which often go un-investigated and unpunished.
In some cases, it was alleged that few of the police officers responsible for the violations are held accountable, and in most cases, there is not even an investigation and families of victims rarely receive justice.
Anti-Torture Act and matters arising
Meanwhile, worried by incessant abuse of human rights and torture in the country, a coalition of Civil Society Organizations (CDOs) recently called for quick implementation of rules and regulations for the Anti-Torture Act, in line with Section 12 of the Act.
Making the call in Abuja on behalf of the CSOs, comprising 30 members on the occasion of the United Nations Day in support of victims of torture, the Project Director, Access to Justice, Mr. Deji Ajare, described torture as the intentional infliction of severe mental and physical pains or sufferings, by or with the approval of state agents.
Speaking further, Ajare noted that the preventive mechanisms set out in the anti-torture Act, like the monitoring of detention facilities, effective over sight and speedy justice delivery have not been fully deployed to facilitate the prevention of torture in the country.
The CSOs then called on the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) to design the rules and regulations to compel law enforcement and security agencies to handover their operatives who commit acts of torture over to appropriate authorities for prosecution.
Not only that, they equally called on all heads of law enforcement and investigative agencies to establish special departments to conduct trainings for members, monitor compliance with the anti-torture Act, investigate alleged contraventions of the provision of the Act and refer cases to appropriate institutions for prosecution.
“The judiciary, according to the CSOs should do more in eradicating the use of torture in the judicial system and to hold those who perpetrate it accountable and added that the limited role played by the judiciary so far, contributed significantly to the country’s protection of the rights to be free from torture.
“We urge the federal government to provide the resources that will enable the National Committee against Torture (NCAT) to function effectively. We regret that NCAT has not been able to discharge its functions as it ought to, due to lack of resources”, the CSOs noted.
Government stance on torture
While giving a keynote address at a two-day capacity building workshop for Civil Society Organizations on the Violence against Persons Prohibition Act, Anti-torture Act early in the year, the Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN also frowned at the use of torture during investigation by the Police and other security agencies.
Represented by a Director in the ministry, Victoria Ojogbane, the AGF lamented that Nigerians now are fearful of their encounter with security agencies including the Police.
Assuring Nigerians however, the minister restated that his office and other concerned parties shall ensure that education and information regarding the prohibition against torture is finally included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
Malami reiterated that his office, with the approval of the President will make rules and regulations that would ensure the effective implementation of the Anti-Torture Act.
He said, “The Police Act provides for personal liability of a Police officer for any act committed by him which is beyond his authority. It should not be business as usual as Section 251 of the Penal Code provides for a punishment of a term of imprisonment of 7 -10 years for any act of torture voluntarily causing hurt for the purpose of exporting confession of information which may lead to detection of an offence.”
NCAT commends FG
Earlier in his speech at the occasion, the NCAT chairman, Dr. Samson Ameh (SAN) commended the willingness of the federal government in ending torture in the country.
This, he noted, was evident in the passage of the anti-torture Act in 2017 and the release of a consultative draft of the implementing rules and regulations in June, 2018.
Ameh said, “It is important to note that Nigeria is a signatory to the United Nations Convention Against Torture. As at October 2011, ten African States have so far ratified the OPCAT.
“Nigeria signed the convention on the 28th June, 1998 and ratified it on 28th June, 2001. In order to ensure that Nations States put in place mechanisms to prevent torture in their various countries, another further step was taken by the United Nations.
“The States are Benin, Burkina Faso, Democratic Republic of Congo, Gabon, Liberia, Mali Mauritius, Nigeria and Senegal.
“Like I mentioned earlier, this is called the Optional Protocol to the United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment (OPCAT) enjoining States parties to establish National Prevention Mechanisms (NPMs) within their respective countries.
While lamenting the congestion in the country’s correctional centers, Ameh called on the federal government to build more centers.
“Our committee, made up of 19 members had, in accordance to its obligation to the United National Convention Against Torture (UNCAT), received and examined complaints of torture from individuals, CSOs and government officials, visited detention centers and report quarterly to the United Nations subcommittee against torture,” Ameh added.
