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When the “investigating police officer” (IPO) finishes the investigation, the police send the completed “case diary” to the federal or state attorney general, depending on the nature of the charges, for “advice.” The director of public prosecutions (DPP) at the attorney general’s office reviews the case diary and sends back advice on the appropriate charges in the case. If the case can only be heard before a High Court—such as, for example, culpable homicide—the DPP then drafts the charges and files charges against the suspect in the High Court. 467 467 Human Rights Watch interviews with judges, prosecutors, and defense lawyers in Jos and Kaduna, 2011 and 2012. “LEAVE EVERYTHING TO GOD” 122
IX. The Anatomy of Impunity The failure to bring the perpetrators of violence to book is a major contributory factor to the perpetration. —The Federal Government Investigation Panel on the 2011 Election Violence 468 Nigerian authorities have rarely brought to justice those responsible for serious crimes committed during episodes of inter-communal violence over the past 25 years in Plateau and Kaduna states. This section, based on Human Rights Watch interviews with police officers, lawyers, federal and state prosecutors, judges, and religious and civil society leaders, looks at the most common responses by the Nigerian authorities to communal violence and examines why criminal investigations and prosecutions have often failed. Failures at Time of Arrest Human Rights Watch found that in some cases of mass violence in Plateau and Kaduna the police were absent or took no or limited effective measures to contain the violence. 469 In other cases, the police or, more often, the military responded with excessive force, including extrajudicial killings. 470 In some incidents of communal violence there were no arrests, 471 but in many cases the police or the military made numerous arrests. 472 These arrests, however, appeared to have been designed primarily to calm the situation, without a focus on the need for reliable evidence for a criminal investigation. Mass Arrests to Quell the Violence Prosecutors and judges observed that in cases of mass violence the police or military frequently arrest anyone they find at the scene of the violence. These mass arrests usually amount to rounding up people, regardless of the evidence, in an attempt to bring the situation under control, by getting some of the youth off the streets, and to be seen by the public as responding to the violence. As a High Court judge in Kaduna, who has presided over communal violence cases, put it, “The police normally embark on these arrests just to cool tempers. That is all. Once people have 468 See Federal Republic of Nigeria, “White Paper on the Report of the Federal Government Investigation Panel on the 2011 Election Violence and Civil Disturbances,” August 2012, p. 24. 469 See, for example, sections above on the 1992 Zangon Kataf violence, 2004 Yelwa massacres, and 2010 Kuru Karama massacre. 470 See, for example, sections above on the 2008 Jos violence; and 2011 Zaria, Kaduna, and Kafanchan violence. 471 See, for example, sections above on the 2010 Kuru Karama violence; and 2011 Zonkwa, Matsirga, and Gidan Maga violence. 472 See, for example, sections above on the 2001 Jos violence, 2002 Kaduna violence, 2008 Jos violence, and 2011 Kaduna violence. 123 HUMAN RIGHTS WATCH | DECEMBER 2013
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H U M A N R I G H T S W A T C H “
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Copyright © 2013 Human Rights Watc
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Renewed Violence in Kaduna State, 2
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“Leave Everything to God” Accou
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On a sunny day in January 2010, in
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A mosque burned by mobs on April 18
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(above) A man stands in the rubble
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Photograph allegedly taken of a mob
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A mass grave for the victims of the
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RECOMMENDATIONS TO THE GOVERNMENT O
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RECOMMENDATIONS TO THE PLATEAU STAT
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financial incentives or promise any
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Non-indigenes are often denied acce
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“peculiar attitudes” and will
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The conflict over indigene rights h
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II. Inter-Communal Violence in Plat
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curfew, which was widely ignored, a
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speech to the Nigerian Senate in Oc
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the police to investigate them. 78
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In the pre-dawn hours of January 19
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Satellite image of Kuru Karama 21 m
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communities. 102 When the Muslim le
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didn’t want to see the children [
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ut “[s]he was not able to reach m
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On January 20, some of the Muslim r
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Sabon Gidan Kanar Witnesses said th
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eeders association in Plateau State
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The March 2010 Dogo Nahawa Massacre
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mass grave: 16 men, 16 women, and 3
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man who survived the attack told Hu
Page 61 and 62: finish.” He continued, “Fightin
Page 63 and 64: IV. Impunity for the 2010-2013 Viol
Page 65 and 66: charge them with. Federal prosecuto
Page 67 and 68: moving about freely. One of the wit
Page 69 and 70: know us. They are still there in th
Page 71 and 72: provided Human Rights Watch with in
Page 73 and 74: Kafanchan Special Judicial Tribunal
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Page 77 and 78: 2000 “Sharia Riots” In February
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Page 83 and 84: campus chanting pro-Buhari slogans
Page 85 and 86: cutlasses, and sticks, and they cam
Page 87 and 88: The police escorted the convoy of M
Page 89 and 90: men divided the Muslim men and wome
Page 91 and 92: Another Muslim man, whose 19-year-o
Page 93 and 94: Violence in Kafanchan The town of K
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Page 97 and 98: The man said he later went back to
Page 99 and 100: the house. There were 10 men and 12
Page 101 and 102: free.” 405 Communal bloodletting
Page 103 and 104: identified. The team arrested a num
Page 105 and 106: about living their normal lives,”
Page 107 and 108: VIII. The Legal Framework Internati
Page 109 and 110: houses, shops, or places of worship
Page 111: The Nigeria Police Force has also b
Page 115 and 116: arrest those they find at the scene
Page 117 and 118: advice, they refused to do that; [w
Page 119 and 120: more likely to know each other—an
Page 121 and 122: justice. For example, a Hausa woman
Page 123 and 124: villages in Plateau State, and from
Page 125 and 126: emaining cases. 523 The federal tri
Page 127 and 128: We asked the people who have been a
Page 129 and 130: Plateau State Attorney General Edwa
Page 131 and 132: violence to book,” he told Human
Page 133 and 134: Political Compromises That Reinforc
Page 135 and 136: who set their homes on fire, those
Page 137: Plateau and Kaduna—two states in
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