A/62/221
of persons who might be at risk of torture or other forms of ill-treatment to 50
Governments.
Country visits
8.
With respect to fact-finding missions, the Special Rapporteur undertook a visit
to Nigeria from 4 to 10 March 2007. The visit included stops in Abuja, Lagos,
Port Harcourt and Kaduna. He expresses his appreciation to the Government for the
cooperation it extended to him. The Special Rapporteur welcomes Nigeria’s
commitment to promoting respect for human rights, as demonstrated by, among
other things, its record of cooperation with international human rights mechanisms
and organizations. He appreciates the challenges the State faces given the sheer size
and diversity of the population, including ethnolinguistic and religious groups, the
plurality of legal systems, the nature of the federal structure, the high level of crime,
widespread poverty (despite the potential enormous wealth from oil revenues) and
the conflict in the Niger Delta. On the basis of an analysis of the legal system, visits
to detention facilities, interviews with detainees, the support of forensic medical
evidence and interviews with government officials, lawyers and representatives of
non-governmental organizations (NGOs), the Special Rapporteur concluded that
torture and ill-treatment is widespread in police custody and is particularly systemic
in the Criminal Investigation Departments. The conditions of detention in police
cells visited were appalling. All the prisons visited were characterized by severe
overcrowding, housing an inmate population that is typically double or triple the
actual capacity of the facility. The vast majority of the prison population is awaiting
trial (i.e. in pretrial detention), or held without charge for lengthy periods of as long
as 10 years. However, female prisoners are provided with considerably better
facilities. The findings are not new as many credible human rights organizations, as
well as United Nations human rights mechanisms, have documented the use of
torture and concluded that it is widespread in the country, and that the conditions of
detention are unacceptable. Nigerians themselves have exhaustively identified the
nature and scale of these problems. Indeed, in August 2005, President Obasanjo
acknowledged the severity of the problem of torture in the country. Accordingly, the
Special Rapporteur recommended a number of measures to be adopted by the
Government in order to comply with its commitment to prevent and suppress acts of
torture and other forms of ill-treatment.
9.
The Special Rapporteur undertook a visit to Togo from 11 to 17 April 2007. He
expresses his appreciation to the Government for the full cooperation it extended to
him. Noting the overall commitment by the current Government to combat torture
and the considerable improvements since 2005 in this regard in most of the police
commissariats and gendarmerie posts that he visited, the Special Rapporteur found
evidence of ill-treatment by law enforcement officials, most of which was inflicted
during interrogation for the purpose of obtaining a confession. He also heard
allegations by detainees and found evidence of beatings by prison guards and other
prisoners as a means of punishment. He is very concerned that children are at high
risk of corporal punishment and ill-treatment in situations where they are deprived
of their liberty. The Special Rapporteur is of the opinion that conditions in police
and gendarmerie custody, as well as in most prisons, amount to inhuman treatment.
In particular, he is concerned about the severe overcrowding in most prisons, the
deplorable sanitary situation, the quantity and quality of food, as well as the
restricted access to medical services. The Special Rapporteur identified the
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