The Committee against Torture this afternoon concluded its initial dialogue with Nigeria, in the absence of a report, on the efforts made by the State party to implement the provisions of the Convention against Torture. During the dialogue, Committee Experts asked about the ongoing fight against terrorism in Nigeria, and about conditions of detention, including for pre-trial detainees.
A Committee Expert noted that Nigeria was facing one of the worst humanitarian crises in Africa due to the security threats and threats of violent extremism of the Islamist group Boko Haram. Several reports had accused the Nigerian army of having used torture in its efforts to try to eradicate the Boko Haram terrorist group. Security operations against Boko Haram, instead of eradicating terrorism, had led to acts of violence, torture and extrajudicial executions. Several reports had accused the Nigerian army of having used torture in its efforts to try to eradicate the Boko Haram terrorist group. There were reports that Nigerian police used torture as an institutionalised routine practise in criminal investigations. As for conditions of detention, a Committee Expert said that generally, prison conditions were difficult, with overcrowding, inadequate medical care, and food and water shortages, which had resulted in deaths. Could the delegation provide further information on prison conditions?
The delegation explained that a prison decongestion programme had noted the high number of people in remand. The programme cut across all 36 states of Nigeria and had significantly reduced the number of inmates awaiting trial. Addressing questions on congestion in correctional centres and the welfare of inmates, the delegation noted that a department had been created to ascertain the condition of correctional centres across the country, with a view to carrying out reforms. That department undertook inspections in correctional centres and identified inmates eligible for release under set criteria. In response to questions and allegations around the old prison infrastructure, the delegation said details around rehabilitation and refurbishment would be provided to the Committee. Given the seriousness of acts of terrorism, there were joint operations between the army, the police, and other agencies. On the use of children in military operations, it was the policy of the Government of Nigeria that under no circumstances would children be used by the military or any other official security agency as tools for dealing with either law and order situations or insurgency situations.
Abiodun Richards Adejola, Permanent Representative of Nigeria to the United Nations Office at Geneva and head of the delegation, stated the commitment of Nigeria to the work of the Committee, adding that the country was committed to making its initial report. The Government of Nigeria recognised the important role of the Nigerian Armed Forces in responding to concerns of insurgency and terrorism in some parts the country. The Government also recognised that in the course of military operations, issues of human rights violations might arise. The Armed Forces therefore undertook frequent seminars, workshops and continuous learning on the rules of engagement. Human rights desks facilitated immediate responses to complaints by citizens of possible excesses by military personnel. As for conditions of detention, the Government had embarked on a holistic reform of its criminal justice system. The new law responded to human rights concerns about the situation of persons in detention.
The delegation of Nigeria consisted of representatives of the National Committee Against Torture; the Federal Ministry of Justice; the Federal Ministry of Foreign Affairs; and the Permanent Mission of Nigeria to the United Nations Office at Geneva.
The webcast of the Committee against Torture’s meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Committee against Torture’s seventy-second session can be found here.
The Committee will next meet in public at 3 p.m. on Thursday, 18 November to conclude its consideration of the fourth periodic report of Lithuania (CAT/C/LTU/4).
Presentation
ABIODUN RICHARDS ADEJOLA, Permanent Representative of Nigeria to the United Nations Office at Geneva and head of the delegation, stated the commitment of Nigeria to the work of the Committee. Having ratified the Convention in 2001, Nigeria was committed to making its initial report on its efforts against torture to the Committee. In 2009, in line with its obligations under the Optional Protocol, Nigeria had set up its National Committee against Torture, a national preventive mechanism. The National Human Rights Commission of Nigeria also played a significant role in assisting victims of torture and other cruel, inhuman and degrading treatment. The Constitution of Nigeria from 1999 prohibited torture and all forms of inhumane and degrading treatment. To implement human rights provisions in concrete terms, the Government had developed a National Action Plan for the promotion and protection of human rights in Nigeria, which stated specific measures to be adopted by the Government in protecting and promoting the rights of all Nigerians.
The Government had embarked on a holistic reform of its criminal justice system. The new law responded to human rights concerns about the situation of persons in detention. The reform also included the enactment of the 2015 Administration of Criminal Justice Act, which placed the rights of persons in conflict with the law at the heart of the criminal justice system. In addition, Nigeria had recently reviewed the law establishing the Nigerian Police Force. The new law emphasised professionalism and adherence to the rule of law by the police.
Nigeria was currently embarking on reforming the judiciary across the 36 states of the Federation. The Judicial (Financial Autonomy) Law sought to provide additional guarantees for strengthening the independence of the judiciary. In addition, the National Human Rights Commission had been repositioned to provide speedy remedy for victims of torture and their families, particularly the vulnerable and indigent. The Government of Nigeria recognised the important role of the Nigerian Armed Forces in responding to concerns of insurgency and terrorism in some parts the country. The Government also recognised that in the course of military operations, issues of human rights violations might arise. The Armed Forces therefore undertook frequent seminars, workshops and continuous learning on the rules of engagement. Human rights desks facilitated immediate responses to complaints by citizens of possible excesses by military personnel.
The Government had also recently established a Judicial Panel of Inquiry to investigate the level of compliance of the Nigerian Armed Forces with its rules of engagement, not only in areas of insurgency, but in all parts of the country where the Nigerian army operated. On the issue of torture broadly, the attitude of the Government of Nigeria was to achieve prevention, and in cases where torture occurred, provide speedy remedial measures. Mr. Adejola assured the readiness of Nigeria to remain engaged with the work of the Committee to address issues related to its mandate.
Questions from Committee Experts
SÉBASTIEN TOUZÉ, Committee Vice-Chairperson and Co-Rapporteur for Nigeria, said the Committee had been waiting for the initial report of Nigeria for 19 years. Today, the review of Nigeria was being undertaken without a report. It was not the ideal way of beginning a constructive dialogue, but it would be undertaken nevertheless on the basis of information available to the Committee, which included shadow reports submitted by civil society actors, and work by other treaty bodies as well as Special Rapporteurs.