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8 NIGERIA ‘WAITING FOR THE HANGMAN’ by discrimination, misconduct by prosecutors and inadequate legal defence. As long as human justice remains fallible, the risk of executing the innocent can never be eliminated. The death penalty is a destructive and divisive public policy. It not only runs the risk of irrevocable error, it is also costly in social and psychological terms. It has not been shown to have a special deterrent effect. It denies the possibility of rehabilitation and reconciliation. It promotes simplistic responses to complex human problems, rather than pursuing explanations that could inform positive strategies. It prolongs the suffering of the murder victim’s family, and extends that suffering to the loved ones of the condemned prisoner. It diverts resources and energy that could be better used to work against violent crime and assist those affected by it. It is a symptom of a culture of violence, not a solution to it. It is an affront to human dignity. It should be abolished. “Some of the State Governments are using the death penalty as a cover for their incompetence and inability to improve the quality of lives of the people. They want to be tough on violent crimes and crimes of mortality while using the cover of the State to cover their own criminality.” National Study Group on Death Penalty, 2004 Amnesty International and LEDAP are urging Nigeria to join the nations who have abolished the death penalty. Pending total abolition, we are calling on federal and state authorities to: immediately declare a moratorium on executions; commute all death sentences to terms of imprisonment; improve legal services for detainees who cannot afford a private lawyer; ensure that trials in capital cases meet international standards, in particular by not admitting into evidence statements extracted under torture or duress and by ensuring the right of appeal against conviction and sentence to a higher court. Amnesty International October 2008 Index: AFR 44/020/2008
NIGERIA ‘WAITING FOR THE HANGMAN’ 9 2/THE POLICE INVESTIGATION: CRIMINAL SHORT CUTS ‘it is our opinion that there is much disturbing evidence that Nigerians cannot rely on the current criminal justice system to produce results that are either fair or accurate.’ National Study Group on Death Penalty, 2004 The police in Nigeria often use torture to extract confessions, without gathering other evidence. The research carried out by Amnesty International and LEDAP reveals the poor quality of police investigation and the lack of evidence other than confessions in many cases in which the suspect is sentenced to death. Even before bringing suspected armed robbers before a judge, the police parade them before the media and their pictures are published in newspapers. 6 TORTURE AND OTHER ILL-TREATMENT “I must confess. The police do not sit down and talk to you. I have two gunshots in my feet.” 7 Prisoner who confessed after torture and has been on death row for 10 years Torture is prohibited in Nigeria. 8 In practice though, it occurs on a daily basis with little done to end it. The National Human Rights Commission stressed in its report on the state of human rights: “The Nigeria Police Force and other law enforcement agencies commit the act of torture with impunity.” 9 Index: AFR 44/020/2008 Amnesty International October 2008
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