Anti Torture Day: CSOs Charge FG, Call For Vigorous Implementation Of Anti Torture Act, 2017 & Other Laws Prohibiting Torture

Thirty Civil Society Organizations (CSOs) has on the occasion of the United Nations day in support of victims of torture call on the Federal Government to vigorously pursue the full implementation of the Anti Torture Act, 2017 and other legislations targeted at putting an end to the bane of torture, inhuman and degrading treatment of people in Nigeria.

This call is contained in a statement signed by the CSOs dated 26th day of June, 2020 which was made available to TheNigeriaLawyer.

It was noted that torture remains of one the major issues to contend with when dealing with law enforcement agencies in Nigeria.

“For decades now, torture has remained a subject of foremost concern in Nigeria. Till date, torture remains a tool commonly utilised by security and law enforcement agencies for the interrogation, coercion, intimidation and punishment of crime suspects and detainees.

“Torture is the intentional infliction of severe mental and physical pains or suffering, by or with the approval of state agents. Torture breaks peoples bodies and minds, rips apart communities and destroys democratic institutions and the rule of law. Torture manifests in different ways beatings, electric shocks, deprivation of food/water while in custody, sticking of objects like needles – in genitals, sexual assaults and rape, denial of life-saving medical treatment among a host of others. Most of these acts are committed against persons who are in some form of custody.”

However, it was noted that Nigeria is a signatory to several international instruments targeted at curbing the menace of torture and notwithstanding these instruments, torture still pervades the entire gamut of our system. That not until recently when it was criminalized.

“Nigeria is a signatory to the United Nations Convention against Torture and Other Cruel, Inhuman Punishments. However, in spite of this commitment, the use of torture persisted within our national systems, and still does. And the problem was that, until recently, although the use of torture was prohibited under the Constitution, torture was not a criminal offence in Nigeria. This meant that torture could hardly be prosecuted.

“In December 2017, the ground shifted, and Nigeria substantiated her commitment under the UN Convention against Torture. On that day, President Muhammadu Buhari signed into law the Anti-Torture Act (ATA) of 2017.”

In addition, the CSOs remarked that as Nigeria continues to battle with the alarming spate of insecurities, the urge to punish perceived enemies of state should be resisted.

“Today, as Nigeria battles a host of deadly crimes – insurgency, terrorism, banditry, kidnappings etc. -, public anxiety and the desire for retribution or deterrence may instigate harsh and brutal actions against those perceived as enemies of the State or criminals. But that temptation must be vigorously resisted. Torture is never, and will never be okay. That is the message the world is passing today. Torture punishes innocence! It is often used against the weak. The right not to be tortured or mistreated is not expendable even in difficult times, but is worth defending by every society.”

Besides, the CSOs commend the President Buhari led administration for domesticating instruments targeted at combating torture in Nigeria. However, noting that the quest to end torture has just begun.

“Today, we use the occasion of the International Day for Support to Victims of Torture to applaud President Buharis government for taking the bold step of domesticating the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment. However, given how entrenched the use of torture has become in our country, and how in fact, its use is justified as proper and needful to fight crime and insecurity by many members of our law enforcement and security units, the struggle to end torture in Nigeria has only just begun.”

In addition, the CSOs recommended that the Attorney General of the Federation to implement the provision of Section 11 of the Anti Torture Act, 2017 by enacting Rules in order to see the effective implementation of the Act.

“We call on the Attorney-General of the Federation and Minister of Justice to accelerate the process for the approval of… Implementing Rules and Regulations for the Anti-Torture Act in line with Section 1[1] of the Act. The Rules and Regulations we hope, will boost the fight against torture, and give teeth to the substantive law.”

Similarly, it urged the Attorney General of the Federation to impose the duty of handing over perpetrators of torture to investigative agencies and for on ward prosecution.

“We urge the Attorney General of the Federation to establish in the Rules and Regulations the duty of every agency to handover anyone against whom allegations of torture have been made, to an investigative body such as the National Human Rights Commission for effective investigation, and where the allegations are established, to appropriate institutions for prosecution.

“We call on all heads of law enforcement and investigative agencies to establish special departments in their agencies to:

a. conduct training for members of their respective organizations on the Act
b. monitor their members compliance with the Anti-Torture Act;
c. investigate alleged contraventions of the provisions Act,
d. refer cases to the appropriate institutions for prosecution.”

In addition, the Federal Government was urged ‘to provide the resources that will enable the National Committee against Torture (NCAT) to function effectively’ and ‘National Human Rights Commission and Civil Society Organizations must
continue to identify and increase interventions in cases of torture and sustain the campaign to end torture in Nigeria.’

Furthermore, the Nigerian judiciary was urged to ensure that perpetrators of torture do not go unpunished.

“Government at all levels, Civil Society Organizations and the Media must carry out proactive campaigns to popularize and sensitize members of the general public on the Anti-Torture Act.” It was added.

Besides, the CSOs enjoined a partnership with “all Nigerians, particularly the media, civil society, the heads of law enforcement and security forces, faith communities, national and international humanitarian” to collaborate in a bid to put an end to torture in Nigeria.

“Finally, we offer solidarity and support to victims of torture worldwide. Today, the world remembers the injustices suffered by them, and the trauma many of them live with. We also offer solidarity to relatives of victims of torture who died following the ordeals they were subjected to. We believe their deaths have shown to the world why torture ought to be eradicated completely. It is to all victims of torture that the world dedicates this day.” It concluded.