A/HRC/13/39/Add.6 Nigeria Follow-up to the recommendations made by the Special Rapporteur (Manfred Nowak) in the report of his visit to Nigeria from 4 to 10 March 2007 (A/HRC/7/3/Add.4, para. 75) 58. On 23 October 2009, the Special Rapporteur sent the table below to the Government of Nigeria requesting information and comments on the follow-up measures taken with regard to the implementation of his recommendations. The Special Rapporteur regrets that the Government has not provided any input. He looks forward to receiving information on Nigeria’s efforts to follow-up to his recommendations and he reaffirms that he stands ready to assist in efforts to prevent and combat torture and ill-treatment. 59. The Special Rapporteur notes with concern the continuing allegations of torture committed by Nigerian police forces. Welcoming recent public condemnations of torture and the Government’s plans to prohibit such practices, the Special Rapporteur urges Nigeria to promptly pass legislation in accordance with Article 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). He remains concerned about the fact that corporal punishment remains lawful in parts of the country. 60. The Special Rapporteur is worried about the lack of accountability of the perpetrators of torture. He expresses his concern about a lacking effective and independent complaints system and the restricted right to legal counsel. He regrets that the bill providing for the establishment of an anti-torture commission and the bill to extend the mandate of the Legal Aid Council (LAC) have been pending in the Senate for a long time and calls upon the members of Parliament to work for its expeditious adoption and effective implementation. He emphasizes the need for prompt and thorough investigations of all torture allegations by an independent authority and notes with concern that the majority of investigations are conducted internally within the Nigerian Police Force, contributing to a persisting culture of impunity in police institutions. 61. The Special Rapporteur expresses concern about the prolonged pre-trial detention before judicial review and that the ability to challenge the lawfulness of detention is dependent on the financial capacity of detainees. He reiterates that the power to order and approve arrest should be vested solely with independent courts. The Special Rapporteur welcomes the reviews of criminal procedure laws in some States to increase the use of non custodial measures. 62. The Special Rapporteur notes with satisfaction Nigeria’s ratification of the Optional Protocol to the Convention against Torture (OPCAT) and encourages the Government to promptly establish an independent and effective national preventive mechanism in full accordance with OPCAT. 132