Recommendation
Situation during visit
Steps taken in previous years
(A/HRC/7/3/Add.4)
(A/HRC/7/3/Add.4)
(A/HRC/10/44/Add.5)
(a) The absolute prohibition
of torture should be
considered for incorporation
into
The prohibition of torture and
inhuman or degrading treatment
is provided in section 34 (1) (a)
of the Constitution. However,
the 1990 Criminal Code does
not contain any provision
explicitly prohibiting torture, or
any provision for adequate
sanctions. Acts amounting to
torture may constitute offences
such as assault, homicide and
rape.
the Constitution
Information received in the reporting
period
Non-governmental sources: In April
2009, the Attorney General and Minister
of Justice of the Federation stated that the
Government is planning to prohibit
torture.
Corporal punishment, such as
caning, and sharia penal code
punishments of the northern
states (i.e. amputation, flogging
and stoning to death), remain
lawful in Nigeria.
(b) The highest authorities,
particularly those
responsible for law
enforcement activities,
should declare
unambiguously that the
culture of impunity must end
and that torture and illtreatment by public officials
will not be tolerated and will
be prosecuted.
Non-governmental sources: There have
been some recent statements on torture by
Government officials. The Presidential
Committee on Reform of the Nigeria
Police Force concluded in April 2008 that
there were frequent public complaints
about abuses of human rights by the
police, including torture.
In February, the Assistant InspectorGeneral of Police in charge of Zone 5,
stated on behalf of the Inspector General
of Police that police officers should not
torture suspects and respect the
presumption of innocence. In April 2009,
the Attorney general and Minister of
Justice of the Federation called on the
A/HRC/13/39/Add.6
133
The message should be
spread that torture is an
extremely serious crime
which will be punished with
severe (long-term) prison
There was no unequivocal
condemnation of torture or its
qualification as a serious crime.
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