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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