The federal government has been called upon to ensure effective implementation of the laws on torture focusing on prevention, protection, accountability and access to justice and rehabilitation services to victims of torture.
The call was contained in a statement signed Tuesday in Abuja by the Prisoners Rehabilitation and Welfare Action (PRAWA) in collaboration with 16 Civil Society Organizations (CSOs) Forum in commemoration of the the United Nations (UN) Day in support of torture victims in Nigeria.
According to the statement, the CSO Forum posited that the use of torture is reprehensible and a very serious abuse of human rights which should be condemned by all, noting that various international, regional and national legal instruments absolutely prohibit torture.
The statement also maintained that no circumstance whatsoever should justify the use of torture, adding that the absolute prohibition of torture is reinforced by the fact that it is an abuse of rights .
“Beyond ratifying international and regional treaties on torture, National Assembly of Nigeria took bold steps to enact the Anti-Torture Act 2017. The Anti-Torture Act defines and prohibits torture; clearly enlists actions that can amount to torture and persons that can perpetrate torture and in what circumstance.
“Commendably, Nigeria has other National Laws supporting the prohibition of torture. Such laws as the Evidence Act; Administration of Criminal Justice Act/Laws of the States; Violence Against Persons Prohibition Act 2015; Nigerian Correctional Service Act 2019; Police Act 2020 fully support the prohibition of torture.
“To ensure that the field is covered Section 13 of the Anti-Torture Act provides that ‘All laws, rules and regulations that are contrary to. or inconsistent with the provisions of this Act are repealed or modified accordingly’. Notably, Section 34 of the Constitution of the Federal Republic of Nigeria (As Amended) also prohibits torture,” the statement noted.
“Regrettably, in spite of the robust legal framework, incessant use of torture in Nigeria remains the order of the day, raising genuine concerns regarding the willingness and capacity of responsible government institutions and agencies to effectively and efficiently implement the several laws prohibiting torture and bring perpetrators to book. This is so as accountability for perpetrators of torture remains a mirage.
“The response of law enforcement agents to the COVID 19 Pandemic lockdown, the security sectors’ response to the #ENDSARS Campaign and general policing in the face of deteriorating security situation in the country, including responses to activities of armed bandits, kidnappers, ‘Unknown Gunmen’, separatist agitators, have exposed in glaring terms the consistent and incessant resort to torture by law enforcement agents in the course of performance of their duties,” the statement added.
The statement therefore, called on arresting agencies in Nigeria to allow oversight agencies and civil society organizations unfettered access to detention facilities and to also keep a central database that provides real-time statistics of the number of persons in their custody.
It also charged CSO’s to take the lead in advocacy and awareness creation on issues of torture especially the amendment of laws to accommodate the rights of victims/survivors to rehabilitation.
“Civil Society organizations should lead by providing support and strengthening capacity of the relevant institutions saddled with the responsibility of implementation of the Anti-Torture Act 2017 especially regarding implementation of section 10 on ensuring that the function of overseeing the implementation of this Act shall be specifically assigned to a particular office or unit of the agency concerned.
“Also, Section 11 on ensuring that education and information regarding the prohibition against torture is fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment and Section 12 of the Act on the making of rules and regulations for the effective implementation of this Act,” it stressed.
