access to documentationoftorture allegations · the medico-legal report produced on the basis of...

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ACCESS TO DOCUMENTATIONOFTORTUREAllEGATIONS

PREVIOUS UPR RECOMMENDATIONS

During the first cycle of the UPR, recommendationswere made to ensure effective investigations of alle-gations of torture and ill-treatment and end impunityfor perpetrators. Nigeria accepted both recommen-dations

BACKGROUND

While there are mechanisms in place to investigateallegations of torture and ill-treatment, includingthe Police Complaints Commission and the NationalHuman Rights Commission, these have proven large-ly ineffective in delivering accountability. This is dueto factors such as non-enforcement of recommenda-tions made by the National Human Rights Commis-sion, and lack of adequate funding and capacity toundertake prompt and thorough investigations intoall allegations of torture. Furthermore, these mecha- .nisms are not readily accessible for many persons indetention, and often their only option is to complaindirectly tothe police, prison officers or the detentioncentre staff. These options are both considered inef-fective and carry a very high risk of reprisals for thecomplainant. As a result, victims generally do not re-port incidents of torture and ill-treatment to the au-thorities, and when they do, the result is more likelyto be further torture and ill-treatment than any formof effective investigation and prosecution of the per-petrators.

Nigeria has not yet established a torture reportingguideline that would serve as means of tracking theincrease or decrease in the prevalence of torture bysecurity agents / law enforcement agents or justicesector officials in the country. The introduction andimplementation of 'this mechanism will indirectlyserve as deterrent to the use of torture ..in places ofdetention. More importantly, itwould encourage the

victims of torture to speak up and report suchabus-es.

A full medical and psychological forensic evaluationof the victim is an essential component of effectivetorture investigations, and in scenarios where theregular investigative mechanisms aredvsfunctlonal,health professionals can play an importantrole inex-posing torture. In Nigeria only victims that have ac-cess to relevant professionals and the means to paycan benefit from such examinations. There is an in-sufficient number of health professionals trained indocumenting signs of torture and ill-treatment; andexternal doctors do not have access to detainees.Furthermore, in places of detention, there are veryfew doctors. For example, many prison facilities with1,000 to 2,000 or more detainees have only one doc-tor. Police and other detention facilities face similarchallenges. This leaves no time for more In-depthexamination of individual detainees, andmedical ex-aminations are not mandatory foralldetainees/pris-oners or ordered as part of routine documentation inthe case file. \

To improve the situation, it is essential that legaland health professionals involved in the administra-tion of justice are trained on the Manual on the Ef-fective Investigation and Documentation of Tortureand Other Cruel, Inhuman or Degrading Treatmentor Punishment (also known as the Istanbul Protocol),and that detainees are guaranteed access to a fullmedical examination by a doctor of their own choice.The medico-legal report produced on the basis of theexamination must be given to the detainee as wellas made accessible to the courtand upon request tothe National Human Rights Commission, the NationalCommittee on Prevention of Torture arid any other or-ganisation that may make a demand for this, subjectto the consent of the detainee.

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PROPOSED QUESTIONS

What measures is the Government taking to ensure that all places of detention afford detaineeseffective access to have allegations of torture and ill-treatment medically documented in accord-ance with the Istanbul Protocol?

What measures has the Government of Nigeria taken to ensure that all persons in detention havedirect access to both internal and external independent complaints and redress mechanisms?What are the records of complaints received, as well as their outcome and redress?

PROPOSED RECOMMENDATIONS

Implement a torture reporting guideline that provides for registration of all cases of torture and ill-treatment in detention and ensures that all detainees have full and unhindered access to physicaland psychological documentation of alleged torture and ill-treatment, in accordance with the Is-tanbul Protocol principles, upon reception, transfer and whenever concrete allegations are made.

Ensure that all legal and health professionals, especially those involved in the administration ofjustice, receive training on the investigation and documentation of torture, in accordance with theIstanbul Protocol.

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PRAWAand the IRCTwouid like to acknowledge the important contribution of the Network onPolice Reform in Nigeria (NOPRIN) to the information provided in this factsheet

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ABOUT THE IRCT ABOUT PRAWAThe IRCT is a health-based umbrella organisation that supportsthe rehabilitation of torture victims and the prevention of tortureworldwide. Our members comprise more than 140 independentorg·anisations in over 70 countries.Our work is governed by thesemember organisations. Today, we are the largest membership-based civil society organisation to work in the field of torture re-habilitation and prevention.

Email: [email protected]

Website: www.irct.org

PRAWA is a Non-governmental organization establisehd in 1994aimed at promoting Security, Justice and Development in Africa.The organization has three major programme components name-Iy, Security and Justice Sector Reform Programme Component,Social Development and Rehabilitation Programme Componentand Research and Development Programme Component.

Email: uagornohepprawa.org

Website: http://www.prawa.org/

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TREATMENT OF DETAINEES WITH MENTALDISABILITIES


During the first cycle of the UPR, no recommenda-tions were made to Nigeria pertaining to treatment ofdetainees with mental disabilities.

BACKGROUND

In the official statistics of the Nigeria Prisons, theterms 'civil lunatics' and 'criminal lunatics' are an of-ficial classification of some prison inmates. This term'civil lunatics' is used to refer to persons who did notcommit any crime, but who are locked up solely onthe basis of their real or perceived mental disability,often for the family to avoid shame and the respon-sibility for providing their drugs, meals or hospitalbills. There are instances were some of these so-called 'civil lunatics' have been detained in prisonsfor periods such as 10, 12, 15, 24 years, etc. Further-more, the so-called 'criminal lunatics' (persons withmental disabilities that have committed crimes) andother prison inmates, who developed mental healthproblems while in detention, are incarcerated in nor-mal detention facilities and often mixed with the gen-eral prison population, especially in prisons wherethere is no prison asylum unit. There are instances ofpersons detained in the prison asylum whose casesseemed linked to non-criminal issues. For example,in one case, a young boy alleged that his uncle fa-cilitated his being sent to the prison asylum becausethe uncle wanted to take the boy's late father's land.In another, a woman alleged that the husband didsame to her because he wanted to take a secondwife. Some are in the prison asylum because of druguse, such as marijuana (cannabis), which their familyfelt was an embarrassment.

Most detention facilities have no support systemssuch as psychological counseling available. This is in

direct violation of Article 22(1) of the United NationsStandard Minimum Rule on the Treatment of Pris-oners, which stipulates that the services of at leastone medical officer with the knowledge of psychiatrymust be present in every prison.

In Nigeria, the cost of treatment at psychiatric hos-pitals is prohibitively high for the average family.As a result, the number of persons with mental dis-abilities in regular detention facilities is very highand, in some cases, accounting to up to 10% of theprison population. According to PRAWA's monthlydocumentation of prison population in Enugu State,as of 30 June 2013, the prison housed a total of 1,504

inmates, of which 102 inmates were detained in theAsylum Unit.

The National Human Rights Commission's PrisonAudit Report of 2012 documented the presence ofmentally ill persons as follows: in the North East Zoneof Nigeria, four prisons out of 37 prisons harboured20 mentally ill persons. In the North West of Nigeria,50 mentally ill persons were noted, in the South-South, 79 mentally ill persons, in the South West, 121

mentally ill persons, and in the whole of South East- 289 mentally ill persons, (of which Enugu prisonaccounted for 136).

There are federal psychiatric hospitals in all the sixgeo-political zones in the country, but there is no ef-fective coordination between the ministries of healthand interior to ensure free and accessible treatmentfor persons with mental disabilities in the prison andacross the justice sector spectrum. Furthermore, cur-rent legislation governing the processing of personswith mental disability within the criminal justice sys-tem are outdated compared to international stand-ards and an updated mental health bill has beenpending before parliament for four years

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PROPOSED QUESTIONS •What steps are being taken by Nigeria to ensure that persons with mental health disabilities inprison are provided with free, quality and accessible mental health services as well as promptreview of their cases?

What measures are Nigeria taking to ensure that mentally disabled persons designated as 'civillunatic' are not detained but rather offered the relevant treatment and care on a voluntary basis.

What steps is Nigeria taking to inform and educate its law enforcement agents and general pub-lic on mental health care and support to persons living with mental disabilities, and the need toprevent stigma, discrimination, cruel, inhuman and degrading treatment or punishment metedagainst them?

PROPOSED RECOMMENDATION

Ensure that all detainees with mental disabilities are provided with adequate and free care andtreatment by qualified mental health professionals.

Ensure that no one is detained solely on the basis of mental disabilities and ensure diversion ofsuch persons away from the criminal justice system to appropriate health care services.

Provide effective prison, hospital and community-based drug rehabilitation programmes.

Review state and national mental health laws to ensure full compliance with international stand-ards.

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PRAWAand the IRCTwould like to acknowledge the important contribution of the Network onPolice Reform in Nigeria (NOPRIN) to the information provided in this factsheet

ABOUT THE IRCT ABOUT PRAWAThe IRCT is a health-based umbrella organisation that supportsthe rehabilitation of torture victims and the prevention of tortureworldwide. Our members comprise more than 140 independentorganisations in over 70 countries.Our work is governed by thesemember organisations. Today, we are the largest membership-based civil society organisation to work in the field of torture re-habilitation and prevention.



PRAWA is a Non-governmental organization establisehd in 1994aimed at promoting Security, Justice and Development in Africa.The organization has three major programme components name-ly, Security and Justice Sector Reform Programme Component,Social Development and Rehabilitation Programme Componentand Research and Development Programme Component.

Email: uagomohcnprawa.org


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INVESTIGATION OF EXTRAJUDICRAll{lllINGS


During the first cycle of the UPR, recommendationswere made to ensure effective investigations of alle-gations of extrajudicial killings and end impunity forperpetrators. Nigeria accepted both recommenda-tions.

BACKGROUND

While the right to life is expressly protected in theConstitution, the practice of extrajudicial killings re-mains widespread in Nigeria. These take place in awide variety of context such as: punishment for fail-ure to pay bribes to police officers; in connection withcrackdown on violent crime, such as armed robber-ies and counter insurgency operations; in connectionwith protests; often as the end result of violent tor-ture practices As indicated in reports by local and in-ternational NGOs as well as UN Special Procedures,this is a serious and long-lasting problem in Nigeria.

The Government has failed at multiple levels to ef-fectively address this issue. There are few and inef-fective safeguards against extrajudicial killings indetention such as COV, victims registers and arrestnotification to family members. Recruitment stand-ards to the police force have been grossly compro-mised in a push to increase the size of the force.

Due to corruption and lack of independence of the in-vestigating authorities, extrajudicial killings are veryrarely investigated, and autopsies, when carried out,lack quality and are not made available to the vic-tims' families. There are no indications of improve-

ments in the situation since the 2009 UPR.

In order to effectively address this, there is a need forcomplete reform of the structures and mechanismsestablished to investigate and safeguard against ex-trajudicial killings. Investigative authorities must becompletely independent of the security sector andhave access to a complete and updated register ofall deaths occurring in any form of detention or cus-tody of security officials. Further, any death in cus-tody must be ex officio investigated including a fullautopsy to determine the cause of death.

PROPOSED QUESTIONS

What steps has Nigeria put in place to address theproblem of extrajudicial killings, including by ensur-ing that all cases of death in custody are fully inves-tigated, a full autopsy conducted on the victim andperpetrators prosecuted?,Do the police and external oversight bodies keep re-cord of how many cases of extrajudicial killing havebeen investigated, with the perpetrators brought toaccount and victims compensated; and if these exist,are they made available to the public .. Further, howdo these reports/incidence inform policy?

What measures are being taken to ensure that ap-pointment procedures to the Police Services Com-mission promote a fully independent mechanism inlaw and in function with respect to ensuring policeaccountability and staff recruitment, discipline andpromotion?

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:::::1:::. PROPOSED RECOMMENDATION .:::1:::::Ensure that all deaths in custody and killings by law enforcement agencies are subjected to a fullautopsy and investigation in accordance with the Minnesota Protocol, and that all perpetrators ofextra-judicial killings are prosecuted and duly sanctioned.

Implement basic safeguards against extrajudicial killings, such as video monitoring of detentionand interrogation rooms and arrest notification of family members, and establish a public acces-sible national register of all deaths in police, prisons and other detention facilities.

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PRAWA and the IRCTwouid like to acknowledge the important contribution of the Network onPolice Reform in Nigeria (NOPRIN) to the information provided in this factsheet

ABOUT THE IRCT ABOUT PRAWAThe IRCT is a health-based umbrella organisation that supportsthe rehabilitation of torture victims and the prevention of tortureworldwide. Our members comprise more than 140 independentorganisations in over 70 countries.Our work is governed by thesemember organisations. Today, we are the largest membership-based civil society organisation to work in the field of torture re-habilitation and prevention.






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ACCESS TO REHABILITATION SERVICES FORTORTURE VICTIMS


During the first cycle of the UPR, there were a signifi-cant number of recommendations focused on pre-venting and ensuring accountability for torture andill-treatment. However, none specifically addressedthe obligation to provide rehabilitation services.

BACKGROUND

Torture and ill-treatment is systematic and wide-spread in Nigeria. It takes place both as a measureto force confessions from criminal suspects and asa result of the general conditions of detention in Ni-geria's prisons. The concerns outlined in the reportby the Special Rapporteur on Torture from 2007,

including amputation and canning in Sharia Law,detainees held in overcrowded and unsanitary envi-ronments, long periods of pre-trial custody, arbitrarydetention and widespread and systematic torture bylaw enforcement officials, are still applicable. Physi-cal torture is a common practice in police detentionfacilities, where, for reasons of lack of adequate fo-rensic facilities, inadequate capacity, training andoversight, the majority of detainees experience tor-ture. It has been estimated that over 90 percent ofdetainees in police custody experience physical tor-ture. Further, prison conditions and treatment of de-tainees and prisoners often amount to psychologicaltorture, inhumane and degrading treatment. Due toa combination of severe physical and psychologicalconsequences of the torture and ill-treatment theyhave suffered, many victims have difficulties reinte-grating into society and leading a rewarding life. Thishas far reaching personal and socio-economic con-

sequences for these individuals, their families andcommunities and society, in general.

In order for victims of torture and ill-treatment toheal and resume their lives, they need to have ac-cess to holistic rehabilitation services. This right toa.ccess rehabil!tation services is also a State obliga-tion under Article 14 of the UN Convention againstTorture. General Comment NO.3, which was recentlya~opted by the UN Committee Against Torture, pro-vides comprehensive guidance on how States canimplement this right to rehabilitation. The State Na-tional Agency for Trafficking Against Persons andOther. Re~ated Offences (NAPTIP) and civil societyorgarusations are providing rehabilitation servicesfor victims of human trafficking, rape and domesticviolence. Unfortunately, the State offers no such ser-vices to victims of torture as defined in Article 1of theUN Convention Against Torture. PRAWAis one of fewcivil society actors providing such services. Whilethese are offered in accordance with the substantivestandards outlined in General Comment NO.3, theyare not provided at a sufficient scale to be availableto the very high number of victims of torture and iII-treatment in Nigeria. The health services provided bythe State in Nigeria are of a general nature and do notspecifically address the complex needs of victims oftorture and ill-treatment. They are thus incapable ofsatisfying the victims' right to as full rehabilitationas possible. This illustrates a need to ensure that re-habilitation services of a sufficient quality and scaleare available to all victims or torture and ill-treatmentin Nigeria.

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PROPOSED QUESTIONS

What measures is the State of Nigeria taking to ensure that all victims of torture and ill-treatmenthave effective access to holistic rehabilitation services, in accordance with its obligations underArticle 14 of the Convention against Torture?

Is there an official record of how many cases of torture the authorities have effectively investi-gated with perpetrators brought to book and victims compensated/rehabilitated?


The State should fully implement its obligations under Article 14 of the Convention Against Tor-ture and the recently adopted HRC resolution 22/21 on rehabilitation services for torture victims,including by:

. • Integrating speciatised and holistic rehabilitation services into the public health system;

• Training health professional in the provision of holistic rehabilitation services

• Creating an enabling funding and operational environment for non-state rehabilitation ser-vices

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PRAWA and the IRCTwouid like to acknowledge the important contribution of the Network onPolice Reform in Nigeria (NOPRIN) to the information provided in this factsheet

ABOUT THE IRCTThe IRCT is a health-based umbrella organisation that supportsthe rehabilitation of torture victims and the prevention of tortureworldwide. Our members comprise more than 140 independentorganisations in over 70 countries.Our work is governed by thesemember organisations. Today, we are the largest membership-based civil society organisation to work in the field of torture reohabilitation and prevention.



ABOUT PRAWA

PRAWA is a Non-governmental organization establisehd in 1994aimed at promoting Security, Justice and Development in Africa.The organization has three major programme components name-Iy, Security and Justice Sector Reform Programme Component,Social Development and Rehabilitation Programme Componentand Research and Development Programme Component.


Website: http:/ fwww.prawa.orgf

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MONITORING PLACES OF DETENTION


During the first cycle of the UPR, recommendationswere made to ratify the OPCAT and establish a Na-tional Preventive Mechanism and to improve condi-tions of detention, including access to health care,enjoyment of basic rights and lowering the rate ofpersons in pre-trial detention. Nigeria accepted allrecommendations.

BACKGROUND

Despite some initiatives by the Government of Nige-ria to address the situation, torture and ill-treatmentremains widespread in places of detentiori. It comesboth in the form of deliberate actions by securityofficials and as a result of conditions of detention,such as severe overcrowding, lack of access to ad-equate health care services and prolonged periodsof pre-trial detention. Overcrowding, due to a veryhigh rate of pre-trial detainees, and a lack of politicalwill to prioritise the treatment of people in detentionremain the main obstacles to improving the overalldetention conditions.

There are several agencies in Nigeria with deten-tion powers and facilities, such as the Nigeria PoliceForce, Nigeria Prison Service, State Security Services,Nigerian Customs and Exercise, Nigeria Civil DefenseCorp, Economic and Financial Crime Commission, In-dependent Corrupt Practices Commission, NationalDrug Enforcement Agencies, etc.

All agencies should be subjected to regular monitor-ing of the treatment of persons deprived of their lib-erty in their custody in line with the provisions of Arti-cle 19 of the OPCAT.The Government has establishedthe National Committee on Prevention of Torture toperform this function. However, this mechanisms iscurrently not executing its mandate in accordancewith the OPCATdue to a wide variety of problems, in-cluding inadequate resourcing of current monitoringmechanisms; lack of a central database or registerof all places of detention, their location, and num-ber of detainees; and lack of effective access to allplaces of detention for civil society organisations.Furthermore, detainees' families and legal counselsare often not informed of the arrest and detention oftheir family member/client, and even where they areaware, they often have limited access for visits.

A comprehensive reform approach is needed to ef-fectively address this dire situation of torture and ill-treatment of detainees in Nigeria. This must includea register of all places of detention and all personsdetained from arrest to discharge; compliance withintemational standards including the Standard Mini-mum Rules for the treatment of prisoners; access toall places of detention for non-governmental organ-sations, families of detainees, legal representativesand health professionals; and effective inspectionand monitoring of all places of detention.

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How regular are monitoring visits carried out by designated government agencies? Are all places of deten-i tion monitored? How regular are the reports of such monitoring visits to all places of detention indicating i: 1! specific cases and issues observed and actions taken to redress any observed violations? !

What steps has the State of Nigeria taken to ensure that, in the creation of its National Committee onPrevention of Torture and in the composition of its membership, it complied with the requirements ofguaranteeing functional independence of the mechanism; independence of its personnel, capacity andprofessional knowledge of the members; gender balance and ethnic/minority representation; as well asprovision of adequate resources and power to discharge their duties as provided under Article 18 and 19ofOPCAT?

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Establish a tamper proof register of all persons placed under arrest and a comprehensive data-base of all places of detention, including their location, number of persons detained and theircompliance with international human rights standards.

Ensure unhindered access to all places of detention for detainees' families, legal counsels; medi-cal doctor and NGOs, and complete tracking of the whereabouts of all detainees from point ofarrest to discharge.

Ensure that the National Preventive Mechanism is functioning in accordance with the require-ments of the OPCAT,including by:

: • Adequately staffing and resourcing the National Committee on Prevention of Torture so thatit can perform its mandate in accordance with the OPCATto monitor all places of detention inNigeria

• Allowing the National Human Rights Commission unhindered access to all places of detentionin connection with the execution of its mandate

• Appointing an Ombudsman with the responsibility for monitoring and proposing improve-ments to the functioning of the Nigerian detention system beyond the mandate of the NationalCommittee on Prevention ofTorture

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PRAWAand the IRCTwouid like to acknowledge the important contribution of the Network onPolice Reform in Nigeria (NOPRIN)tattie information provided in this factsheet

ABOUT THE IReT ABOUT PRAWAThe IRCT is a health-based umbrella organisation that supportsthe rehabilitation of torture victims and the prevention of tortureworldwide. Our members comprise more than 140 independentorganisations in over 70 countries.Our work is governed by thesemember organisations. Today, we are the largest membership-based civil society organisation to work in the Field of torture reohabilitation and prevention.





Website: http://www,prawa.org/

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