‘‘Torture and other
forms of cruel, degrading and inhuman treatment and punishment, wherever
they occur and whatever the circumstances, can never be justified’’
– UN Secretary General, Ban Ki-moon
On the International Day in
commemoration of Victims of Torture, Avocats Sans Frontières France
expresses solidarity with persons who are currently undergoing torture,
those who have endured torture and those who did not survive the cruel
force of torture in Nigeria. According to Convention against Torture,
Article 1.1, torture is any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person, information or a
confession..... Also, section 34 (1) of the 1999 Constitution (as
amended) provides that every individual is entitled to respect for the
dignity of his person, and accordingly no person shall be subject to
torture or to inhuman or degrading treatment.
Although Nigeria ratified the United
Nations Convention against Torture, UNCAT, in 2001, the convention is
yet to be domesticated in the Nigerian laws. Torture is prevalent and
widely used by security agencies in Nigeria especially for pre-trial
detainees who in many instances stay for long periods in detention
without trial. Such treatments are carried out commonly in several
detention facilities by the police and other security agencies as a
primary means of extracting confessional statements from suspects. This
often times inflicts serious pain, psychological trauma and physical
deformity on the victims.
ASFF urges the Nigerian government to
take decisive legislative and judicial steps to prevent acts of torture
meted on men and women across the country and provide redress,
compensation and rehabilitation for all torture victims. An inclusive
effort through public enlightenment and capacity building of
stakeholders in the justice system is required to reduce the incidence
of torture. The government must also take proactive measures to hold
perpetrators of acts of torture accountable for their actions to avoid
the culture of impunity on the issue of torture.
You may recall that between 2009 and
2012, ASFF worked on a project, United Nations Convention against
Torture Promotion and Implementation, for Its Full enjoyment by the
Nigerian Civil Society (ProCAT), which provided free legal assistance to
victims of torture and established a body of case laws that condemns
the use of torture and violation of fundamental rights, based on the
application of local and international legal instruments.
On the platform of the ProCAT project,
ASFF successfully enforced the human rights of 20 victims of torture at
the various state high courts. Damages were awarded in 11 out of these
20 cases. ASFF is still an advocate of a torture free society and
justice for all and plans to extend the ProCAT project to new target
states in Nigeria.
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