Recommendation
(A/HRC/7/3/Add.4)
detainee, and information on compulsory
medical examinations upon being brought to a
detention centre and upon transfer
(k) Confessions made by persons in custody
without the presence of a lawyer and that are not
confirmed before a judge shall not be
admissible as evidence against the persons who
made the confession. Serious consideration
should be given to video and audio taping of
interrogations, including of all persons present
Steps taken to implement the recommendations
However, the tracking commences only when a
detainee is produced before court, not at the
point of arrest
• It is normal for prison authorities to receive
prisoners who bear signs of torture. Some
prison officials refuse to accept detainees from
the police because of the extent of their
injuries
Torture was frequently inflicted with the aim of • Non-governmental sources: The vast majority
extracting confessions, which were used in court
of convictions are based on confessions. Even
proceedings despite existing legal safeguards.
in those cases in which allegations of torture
The criminal justice system relied heavily on
are raised on the defendant’s behalf, and
confessions.
investigations regarding such allegations take
place, the confessions extracted under torture
are declared admissible by the judiciary in
most cases
• Once in court, the defendant and their counsel
are responsible for documenting all incidences
of torture and organizing medical
examinations
• Under the Evidence Act, confessions extracted
under inducement, threat or promise cannot be
used in court. In practice, confessions are
often admitted as evidence in court
• The new criminal procedures in Lagos State
provide for video taping of interrogations;
where no video is available, the lawyer of the
suspect should attend the interrogation
Non-governmental sources: Cases of torture or
• Attempts to register complaints could be
met with intimidation, or investigations lack other ill-treatment are dealt with internally within
independence as they could be conducted by the Police and reportedly often informally within a
A/HRC/10/44/Add.5
page 81
(l) All allegations of torture and ill-treatment
should be promptly and thoroughly
investigated by an independent authority with no
Situation during visit
(A/HRC/7/3/Add.4)
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