The enormous challenge of human rights protection was aptly captured by Jose Ayala Lasso, former UN High Commissioner for Human Rights, when he said “the protection and promotion of human rights is a long-term objective, which cannot be attained unless every individual is aware of his or her rights”
Despite the existence of the laws that guarantees individuals human rights, Nigerians continue to witness gross abuse of their fundamental right with torture and detention on the increase.
The Constitution of the Federal Republic of Nigeria, 199 (as amended) and the UN Standard minimum Rules on the treatment of prisoners set the bench mark for the treatment of prisoners in prison. However, in Nigeria’s Detention Facilities and Prisons, some person’s right of representation is concurrently denied and abused.
Torture in detention centers have always been a strong issue of concern, specifically as a result of the condition and poor management of detention centers all around the country. Characterized by over population and crowding of prisons by accused persons awaiting trials, under staffing, lack of adequate medical care, inadequate conditions for females and juveniles’ detainees, poor administration, long detention of those awaiting trial and limited access to legal advice and representation have propelled high level of Human rights abuse.
The rate of overcrowding in Nigerian prisons in general is about 70%, however there are specific prisons with overcrowding rate of 90% e.g. from the statistics Alliances for Africa (AFA) got from the Federal Prison Owerri, Imo State, Nigeria, the capacity of the prison is for 548 inmates but currently as at the end of the month of August 2016, it has 2,140 inmates.
According to the British Broadcasting Corporation, two third of all the prisoners in Nigeria have not been convicted of any crime, some have waited for their trial for more than a decade, these are Nigerian citizens entitled to fundamental human rights.
The Corporation’s report states that “Prison officials, police and security forces often deny inmates food and medical treatment as a form of punishment or to exert money from them.
Furthermore, the Nigerian human rights organizations have collaboratively reported that many of the major police stations include -torture chambers, with an officer known as “O/C Torture”, or the “Officer in Charge of torture. These developments in Nigerian detention centers as well as prisons stipulate the high practice of torturing of persons and abuse of their human rights.
Pattern of Torture
According to the May, 2014 report by Amnesty International on – ‘Stop Torture”, security agents (the Army and Police) carry out all sorts of torture, using whatever means are available to them. They hang people, at times until they die. They use rifle butts and sticks to beat people. They also shoot people in the legs and leave them to bleed. They tie people’s hands behind their backs with rope; so many people are unable to use their hands after they are released. Some people die even after they have been released. In the report vast majority of former detainees have told Amnesty international that they Were beaten or whipped by officers using weapons including gun butts, machetes, batons, sticks, rods, cables and other hard objects; Detainees’ fingernails and toenails are often removed using pliers, scissors and other objects. Amnesty International has received consistent reports of women being raped or sexually abused by the police. These reports suggest that women were sexually abused continuously and detainees were usually shot in the leg, foot or hand during police and military interrogations. Other forms of torture featured by the report in detention centers include – Tabay, teeth extractions, water torture, amongst others.
There are undisputed reports of the use of torture on prisoners especially during interrogation to extract information and get confessions from inmates and suspects thereby strongly violating their fundamental human rights. It is unconstitutional to compel any person in a criminal case to give a confession, as confessions must be free and by choice. At any stage of criminal proceedings and process the rights of suspects and accused persons must not be violated as suspects are constitutionally entitled to due process rights.
This article is not centered on highlighting just the issues of torture and unlawful detention in Nigeria, but to also proffer solutions and recommendations that will change the general condition and injustice featured in Nigerian detention centers. Some of the proposed recommendations include-
Ensure that all detainees who are kept in pre-trial detention are brought before a judge within the deadlines provided by the Constitution of Nigeria, or in the days following their arrest in accordance with the ICCPR
The Nigerian government should adopt the – Administration of Criminal Justice Act (ACJA). 2015 for the reform of justice administration (non-custodial sentencing);
Amend the constitution to feature prisons in the concurrent legislative list so that states can build their own prisons and reduce congestion of the few federal detention centers and prisons in Nigeria.
Strengthen the system of independent monitoring in all detention facilities in accordance with the Optional Protocol to CAT
Restructure the prisons and detention centers and ensure more periodic visits by responsible Organizations to enlighten, monitor and probe prison officials against inhuman acts of torture, extra judicial killings, rape, and starvation depicted in prisons and on prisoners
Train and enlighten officials in prison on human rights act and morality
Probe officials responsible for torture, extra judicial killings and starvation in prisons and detention centers
Establish a procedure for providing immediate registration of arrest and detention of people and ensure that their families were systematically informed
– Anderlyn Ezeh
