THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

More documents

Recommendations

Info

immediately ordered to sit on the floor. He was pushed to the ground, beaten up, handcuffed and takento EFCC office at Asokoro, Abuja.When contacted on September 7 and 8, 2006, EFCC officials declined any comment on the incident.However, a staff of EFCC who did not want to be quoted claimed that lawyers were fond of obstructingEFCC operations.On May 23, 2006, at about 7.30 p.m, Rev. Oliver Asomba, a middle aged priest, incharge of St.Peter’s Anglican Church, Amaruru, in Orsu Local Government Area of Imo State, was comingback from a meeting in the company of his wife, his oneyearold son and a colleague. His Volvo240 Salon car, registration number (Lagos) DW 783 AAA broke down near Aswaju Police Post inAmaruru Autonomous Community. The car had a bold inscription: “Anglican Church, Amaruru” writtenon it.According to the Daily Sun Newspaper of June 7, 2006, one Police Constable called Ikechukwuslapped Rev. Asomba for parking in front of the Police Post despite Rev Asomba’s explanation that thecar broke down. Other policemen joined in beating Rev. Asomba. His cleric clothes were torn and hewas thrown into detention until 11.30 p.m. of the same day. Rev. Asomba made a formal report to theOrlu Area Police Command while the Diocese petitioned the State Commissioner of Police, Mr.Hezekiah Dimka over the incident. At the time of this report, the police authority had not taken anysteps to redress or, inquire into the situation.Ben Williams is a young man in his mid 20s. He resides at No. 56 Gwarri Road, Sabo Tasha,Kaduna. He reported that on January 29, 2006, he was in his barber’s shop when two men of theNigerian Army and a lady, came to him. The lady claimed that he had stolen her handset. Theysearched his shop after which they bundled him into their vehicle and took him to the Strike Force Baseat Sabo Tasha, Kaduna.At the Strike Force Base, about 5 soldiers beat him with horsewhips and a chain. They also hit him onhis knees with a rifle butt and asked him to admit the theft. After about an hour of torture, and soaked inhis blood, he was taken to their office where he was detained till the next day. He was asked to sign anundertaking to replace the handset and threatened that if he refused, he will be put into an armouredtank where he will suffocate.Upon his release, he filed an action at the Federal High Court, Kaduna against Mrs. C. Yero who madethe complaint against him. The case is still pending in court.RECOMMENDATIONS1. The Nigerian Police and other law enforcement agencies should adopt a human rights basedapproach to investigation. No investigations should be carried out in such a way as to violatehuman rights principles.2. Torture should be made illegal as a means of investigation. In this regard, the National Assemblyshould provide the legal framework for the criminalisation of torture to discourage police and otherlaw enforcement officers from resorting to torture as a means of investigation.3. The Convention Against Torture should be domesticated by the National Assembly to bring Nigeriain line with developments in this area of international law and practice. All law enforcementagencies should be sensitized on the provisions of the said Convention.4. All law enforcement officers proved to have used torture to obtain confessional or any statementsfrom suspects should be appropriately sanctioned.10
CHAPTER THREEPOLICE CELLS AND OTHER DETENTION CENTRES“The State social order is founded on ideals of freedom, equality and justice. Infurtherance of the social order – Every citizen shall have equality of rights, obligationsand opportunities before the law. ”Section 17 (1)(2)(a) of the 1999 Constitution of the FederalRepublic of Nigeria“Every individual is entitled to respect for the dignity of his personand accordingly – No person shall be subjected to torture or inhuman ordegrading treatment.”Section 34(1)(a) of the 1999 Constitution of the Federal Republicof Nigeria“Every individual shall have the right to the respect of the dignity inherent in a humanbeing and to the recognition of his legal status. All forms of exploitation anddegradation of man particularly slavery, slave trade, torture, cruel, inhuman ordegrading punishment and treatment shall be prohibited”Article 5, African Charter on Human and Peoples’ Rights1. Everyone has the right to liberty and security of person. No one shall be subjected toarbitrary arrest or detention. No one shall be deprived of his liberty except on suchgrounds and in accordance with such procedure as are established by law.2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for hisarrest and shall be promptly informed of any charges against him.Article 9 (1 & 2), ICCPRThe different categories of prisoners shall be kept in separate institutions or parts ofinstitutions taking account of their sex, age, criminal record, the legal reason for theirdetention and the necessities of their treatment. Thus,(a) Men and women shall so far as possible be detained in separate institutions; in aninstitution which receives both men and women the whole of the premises allocated towomen shall be entirely separate;(b) Untried prisoners shall be kept separate from convicted prisoners;(c) Persons imprisoned for debt and other civil prisoners shall be kept separate frompersons imprisoned by reason of a criminal offence;(d) Young prisoners shall be kept separate from adults.Article 8 of United Nations Standard Minimum Rules for the Treatment ofPrisoners“All accommodation provided for the use of prisoners and in particular all sleepingaccommodation shall meet all requirements of health, due regard being paid to climaticconditions and particularly to cubic content of air, minimum floor space, lighting,heating and ventilation.”Article 10 of United Nations Standard Minimum Rules for the Treatmentof Prisoners11
Page 1: THE STATE OF HUMAN RIGHTSINNIGERIA2
Page 5 and 6: ACKNOWLEDGEMENTSThe National Human
Page 7 and 8: FOREWORDThe State of Human Rights i
Page 9 and 10: INTRODUCTIONThe history of human ri
Page 11 and 12: CHAPTER ONEEXTRAJUDICIAL, SUMMARY
Page 13 and 14: On the 11 th of August, 2006, bodie
Page 15 and 16: Corpse of Mr. Lugard Monday© Insti
Page 17 and 18: CHAPTER TWOTORTURE, CRUEL, INHUMAN
Page 19: Moments after Patrick died, a senio
Page 23 and 24: On February 18, 2006, Babagana Zann
Page 25 and 26: the visits. Without being informed
Page 27 and 28: last resort and for the minimum nec
Page 29 and 30: Binta Umar, a 33yearold woman w
Page 31 and 32: 2006, only one government lawyer fr
Page 33 and 34: Women and ChildrenThe prison does n
Page 35 and 36: of rape and abduction against him.
Page 37 and 38: SOKOTO CENTRAL PRISONIntroductionTh
Page 39 and 40: Ifeanyi Arasu, aged 28, was charged
Page 41 and 42: Vocational FacilitiesThere were thr
Page 43 and 44: BeddingsAt the male cells, only the
Page 45 and 46: KUJE PRISONINTRODUCTIONKuje prison
Page 47 and 48: RECOMMENDATIONS ON KUJE PRISONi) At
Page 49 and 50: VISITORS’ BOOKSeveral visitors’
Page 51 and 52: (e)Not to order imprisonment for fi
Page 53 and 54: 5 Ahmed Suleiman, age 31 remanded i
Page 55 and 56: RECOMMENDATIONS1) The States should
Page 57 and 58: CHAPTER FIVEWOMEN AND OTHER GENDER
Page 59 and 60: When the victim was interviewed, sh
Page 61 and 62: CHAPTER SIXFREEDOM OF EXPRESSION AN
Page 63 and 64: various persons and clients of the
Page 65 and 66: · Child labor and child traffickin
Page 67 and 68: 4. Abdullah Mohammed, aged 16. He r
Page 69 and 70: CHAPTER EIGHTHEALTH“The State sha
Page 71 and 72:
CHAPTER NINEFOOD AND SHELTER“The
Page 73 and 74:
CHAPTER TENLABOUR“The state shall
Page 75 and 76:
CHAPTER ELEVENCOMMUNNAL CONFLICTS A
Page 77 and 78:
acking different groups according t
Page 79 and 80:
claimed several lives, the Federal
Page 81 and 82:
Onitsha/Owerri Road, Mr Johnson Oka
Page 83 and 84:
“They came about 2.10 am, shootin
Page 85 and 86:
should do is to direct that every b
Page 87 and 88:
CHAPTER TWELVEFREEDOM OF MOVEMENT A
Page 89 and 90:
CHAPTER THIRTEENACCESS TO JUSTICE A
Page 91 and 92:
On September 9, 2005, Samuel and ot
Page 93 and 94:
CHAPTER FOURTEENPOLITICAL KILLINGS
Page 95 and 96:
CONCLUSIONGENERAL RECOMMENDATIONS1.
Page 97:
30. The Ministry of Justice should
show all

THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

Create successful ePaper yourself

Delete template?

Save as template?