A/HRC/7/3/Add.4
page 15
appear on the current list of inmates. Furthermore, according to the files of the Investigating
Police Officer, CID Panti, on 12 March, Mr. John’s case (charge number - N/23/2007) was
transferred to Magistrate Court No. 12, Ebute - Meta, Lagos. However, to date, no records
related to this case ever reached the court.
46. On 21 May 2007, on the occasion of the InterAction Council of Former Heads of State
and Government in Vienna, the Special Rapporteur raised the case of those men with
President Obasanjo. On 28 May, President Obasanjo wrote to the Special Rapporteur to assure
him of the assistance of the IGP in the follow-up to these cases. On 6 June, the Special
Rapporteur reiterated his appeal for information on the situation of these detainees to the newly
inaugurated IGP, Mr. Mike Okiro. Despite several attempts to follow up on their situation with
the Inspector General of Police, the Controller General of Prisons, the Attorney General and
Minister of Justice, and the President, the authorities failed to provide any information on these
persons; neither details of any medical treatment provided, nor their current whereabouts.
47. Given their physical condition at the time of the visit and their subsequent disappearance,
the Special Rapporteur could not but conclude that these three individuals had been victims of
reprisals as a result of his intervention. Either these detainees had died as a result of a deliberate
denial of medical treatment, or, worse, they had been killed by the police and disappeared: a
vivid first-hand confirmation of allegations of the widespread practice of extrajudicial killings
across the country.
48. By letter dated 14 September 2007, the Government stated that it is “committed to
unravelling the circumstances leading to and surrounding the deaths, which it has established, of
two of the detainees, namely: Mr. Elijah John and Mr. Bayo Abdurmo Adekunk. Their deaths are
presently being investigated and the Government is committed and determined to hold all these
found guilty, accountable”.10 By the same letter, the Government informed that Mr. Bello was
alive and in prison custody in Kaduna. A photograph and medical certificate of Mr. Bello
following his treatment was also provided by the Government. The Special Rapporteur reports
that he has not received any information to date on steps taken to bring the officers implicated in
these acts, or their superiors, to justice.
49. These two clear and grave examples of serious torture, disappearance and extrajudicial
killing, notwithstanding the above-stated commitments made at the highest levels of
Government, disturbingly illustrate and confirm the inability of the current system to make
timely and effective inquiries in order to protect victims of serious human rights violations. It
further illustrates the breakdown of a credible system of accountability of law enforcement in
Nigeria.
10
However, on 20 September 2007, in a meeting with the Special Rapporteur in Geneva, the
Permanent Representative of Nigeria informed him that Mr. John and Mr. Adekunk were
subsequently found to be alive and have received medical treatment. Despite repeated requests
for details of their situation, including their whereabouts and medical treatment reports, no
information has been provided to date.
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