Ending security agencies’ torture of suspects

A member on the delegation of a human rights organisation on a visit to the Special Anti-Robbery Squad (SARS) detention facilities at Garki in Abuja narrated the sordid state of the detainees in the cells. “I saw several of the over 300 detainees looking very skinny and with bodily injuries, while others had gunshot wounds. […]

A member on the delegation of a human rights organisation on a visit to the Special Anti-Robbery Squad (SARS) detention facilities at Garki in Abuja narrated the sordid state of the detainees in the cells.

“I saw several of the over 300 detainees looking very skinny and with bodily injuries, while others had gunshot wounds. Some of the inmates told us that so many detainees whose conditions are worse were quickly moved out because they knew we were visiting,” he said.

Many security agencies in Nigeria have been accused of using both physical and psychological torture against individuals suspected of committing offence. 

Worried by the human rights violation through torture, many countries, including Nigeria, in 1985 signed the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. United Nations Convention against Torture (UNCAT) is an international human rights treaty for the prevention of torture and other cruel, inhuman, or degrading treatment or punishment around the world. 

There is no comprehensive data on torture in Nigeria, but Amnesty International in its 2016/2017 report wrote that “the police and military continue to commit torture and other ill-treatment during the interrogation of suspects or detainees to extract information and confessions.” It added that “the Special Anti-Robbery Squad (SARS) of the police frequently committed torture and other ill-treatment during interrogations.” 

Perhaps in realization of the human rights implications of torture, President Muhammadu Buhari in December 2017 signed into law the Anti-Torture Act of 2017. The law makes provisions for penalizing acts of torture and other cruel, inhuman and degrading treatment or punishment. 

Reacting to the new enactment, the Avocats Sans Frontières France (ASF France), otherwise known as Lawyers Without Borders, has hailed the contents of the Act, which provides 25 years imprisonment for perpetrators of torture which will hold them accountable for their action and ensure justice for torture victims in Nigeria.

In a statement over the weekend, the Head of Office of Avocats Sans Frontières France in Nigeria, Angela Uwandu, said the NGO has worked with the National Human Rights Commission (NHRC) between 2014 and 2017 to provide justice for about 253 victims of torture across three states under its ProCAT project and towards promoting the principles of the UN Convention Against Torture in Nigeria. 

“Coming at an important point where there is an ongoing demand by the public for reforms within the police units, especially the Special Anti-Robbery Squad which had been notorious for use of torture, it is hoped that prompt implementation of this legislation will successfully address the challenge of rampant use of torture by security agencies in Nigeria and provide justice for the countless victims of torture in Nigeria,” she said in the statement.

Also, the Executive Director, Citizens United for the Rehabilitation of Errants (CURE), Sylvester Uhaa, expressed hope that the new law, which penalizes torture, will end the use of torture by law enforcement agencies to obtain information from suspects.

“To this end, government must train law enforcement officers in scientific and modern methods of interrogation and equip them with scientific and modern tools. It is only then that a full compliance with the law will be legitimately expected of law enforcement,” he said.

Speaking in this vein, the second vice president of the Nigerian Bar Association (NBA), Onyekachi Ubani, called for faithful implementation of the new law against torture to yield the expected result as there are already in place provisions in the country’s Criminal Code that outlaw inflicting bodily harm on an individual, while the constitution condemns maltreatment of persons.

“So, we are not short of good laws, it is the implementation that is always the issue. Let them insist on implementing those laws in order to reduce the level of torture. The security agencies are violators, they sometimes torture people whom they arrest in order to obtain confessional statements,” he said.  

In December, 2017 the Inspector General of Police (IGP), Ibrahim Idris, announced major reforms in the operations of SARS as well as investigation into allegations against the department by members of the public.

It is expected that the reforms and increased commitment to end torture in Nigeria will contribute to human rights and democracy in the country.