Situation during visit (A/HRC/7/3/Add.4) Steps taken to implement the recommendations financial capacity, often leading to extended detention for periods of up to several weeks in police stations before being presented to court. (g) All detainees should be effectively guaranteed the ability to challenge the lawfulness of the detention before an independent court, e.g. through habeas corpus proceedings (h) Judges and prosecutors should routinely ask persons brought from police custody how they have been treated and, even in the absence of a formal complaint from the defendant, order an independent medical examination in accordance with the Istanbul Protocol (i) Those legally arrested should not be held in facilities under the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant of pretrial detention, which should not exceed 48 hours. After this period they should be transferred to a pretrial facility under a different authority, where no further unsupervised contact with the interrogators or investigators should be permitted De facto the vast majority of detainees did not have the ability to challenge the lawfulness of their detention, due to the lack of financial means, the overload of the entire judicial system as well as a climate of fear. While in principle empowered to do so, judges and prosecutors did not ex-officio enquire about potential torture and ill-treatment in police custody. (j) The maintenance of custody registers should be scrupulously ensured, including recording of the time and place of arrest, the identity of the personnel, the actual place of detention, the state of health upon arrival of the person at the detention centre, the time at which the family and a lawyer were contacted and visited the The Criminal Code stipulated the keeping of custody registers, however, in practice these records were frequently incomplete or inaccurate. While legal provisions foresaw that persons arrested or detained shall be brought before a judge within one or two days, the majority of suspects was deprived of their liberty for longer periods without the required judicial oversight. Non-governmental sources: Extended detention at police stations was the norm. Numerous people awaiting trial spend weeks in the police station after their arrest, without seeing a judge despite the constitutional guarantee to be brought before a judge within 48 hours. Police routinely detain suspects and witnesses prior to investigation, including for non-serious offences and offences for which suspects ought to be granted bail; this has led to a situation where even family members or witnesses can end up behind bars. • Non-governmental sources: There is no reliable archival and record keeping system or database to enable effective oversight supervision by the relevant officers • Lagos State has implemented a new computerized case tracking system, following cases through from arraignment to conclusion. A/HRC/10/44/Add.5 page 80 Recommendation (A/HRC/7/3/Add.4)

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