guarantees to appear for trial,
at any other stage of the
judicial proceeding and,
should occasion arise, for
execution of the judgement)
routine or in any coordinated manner
across the federation. It is dependent on
the mercy committees of individual states
and the benevolence of the state governor.
There was no strict separation
of pre-trial and convicted
prisoners.
Non-governmental sources: In most
prisons visited there was still no strict
separation of pre-trial and convicted
prisoners.
(r) Detainees under 18
should be separated from
adult ones
Section 419 of the Criminal
Procedure Code requires that
imprisoned minors shall not be,
so far as it is deemed practical,
allowed to associate with adult
prisoners. However, there was
no strict separation of juveniles
and adults.
Non-governmental sources: Young
children are often detained in the same
cell as adult males, partly due to
overcrowding. Detainees under 18 are not
routinely separated from adults.
(s) Females should be
separated from male
detainees
Males and females were
separated in most cases.
Females are overwhelmingly separated
from male detainees.
Non-governmental sources: Female
detainees are overwhelmingly separated
from male detainees, but concern has been
expressed about a prison riot in June 2009
in Enugu prison, where male inmates
broke into the female wing and allegedly
raped most of the female inmates and some
of the female wardens.
(t) The Criminal Procedure
Code should be amended to
ensure that the automatic
recourse to pre-trial
detention, which is the
current de facto general
practice, is authorized by a
judge strictly as a measure of
last resort, and the use of
non-custodial measures, such
as bail and recognizance, are
increased for non-violent,
Pre-trial detention was ordered
by default.
The Criminal Procedure Code of Lagos
State has been amended, Ogun State is
reviewing its Criminal Procedure Code
with a view to amend it and other states
have begun preliminary reviews of their
criminal procedure codes.
Non-governmental sources: A Criminal
Law of Lagos State is before the House
State Assembly, and other states have
begun preliminary reviews of their
criminal procedure laws.
A/HRC/13/39/Add.6
139
(q) Pre-trial detainees and
convicted prisoners should
be strictly separated
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