Nigeria Police Force to stop using torture.
(c) The crime of torture
should be defined as a matter
of priority in accordance
with article 1 of the
Convention against Torture,
with penalties commensurate
with the gravity of torture
There was no provision
specifically criminalizing
torture as defined in article 1 of
the Convention against Torture.
The Convention had not been
incorporated into domestic laws,
so there are no specific penalties
related to acts of torture.
The Senate Committee on Judiciary
indicated in October 2008 that it intended
to pursue the adoption of legislation to
specifically criminalize torture.
Non-governmental sources: An NGO
drafted ‘Torture prevention and
prohibition act’, which defines torture in
accordance with Article 1 of the CAT.
(d) An effective and
independent complaints
system for torture and abuse
leading to criminal
investigations should be
established, similar to the
Economic and Financial
Crimes Commission
Perpetrators were in general not
held accountable due to the nonfunctioning complaint
mechanisms and remedies.
Victims accepted that impunity
was the natural order of things.
A draft bill on the establishment of an antitorture commission was pending in the
Senate.
Non-governmental sources: Although the
National Human Rights Commission has
been receiving complaints about torture
and abuse, no cases have yet been
prosecuted. A ‘Bill for an Act to Provide
for the Establishment of the Anti-Torture
Committee’ is still pending in the Senate.
A bill to extend the mandate of the Federal
Legal Aid Council (LAC) has been
pending before the National Assembly for
over three years.
Non-governmental sources: The right to
legal counsel is rarely realized in practice,
and in many police stations, the police
continue to deny suspects’ access to a
lawyer. In some cases, lawyers have even
been threatened with arrest for making
inquiries at the police station about their
clients. The bill to extend the mandate of
Attempts to register complaints
were often met with
intimidation, and investigations
lacked independence as they
could be conducted by the
police themselves.
Upon request by the
Government, on 5
April 2007, the UN Special
Rapporteur forwarded a draft
law on the establishment of a
torture investigation
commission.
(e) The right to legal counsel
should be legally guaranteed
from the moment of arrest
Section 35 (2) of the
Constitution allows a detainee
or arrested person to remain
silent until consultation with a
legal practitioner.
However, many detainees
cannot afford a lawyer and the
A/HRC/13/39/Add.6
134
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