This essay deals with torture, its effects and negative aspects as well as its situation in Nigeria. Torture is the deliberate act of inflicting severe physical or psychological suffering on someone by another as a punishment or in order to fulfill some desire of the torturer. Reasons for torture can include punishment, revenge, extortion, persuasion, political re-education, deterrence, coercion of the victim or a third party, interrogation to extract information or a confession irrespective of whether it is false, or simply the sadistic gratification of those carrying out or observing the torture. Although torture is sanctioned by some states, it is prohibited under international law and the domestic laws of most countries. Amnesty International estimates that at least 81 world governments currently practice torture, some of them openly.
Table of Contents
1. Introduction
2. Types of Torture
3. Effectiveness of Torture
4. Situation of torture in Nigeria
5. Why Torture Persists in Nigeria
6. External Oversight of the Nigeria Security Forces
7. Nigerian Security Forces Internal Control
8. Practices of arrest and detention
9. Effects of Torture
10. Argument Against Torture
11. Conclusion
Research Objective and Core Topics
This work examines the pervasive use of torture within the Nigerian criminal justice system, analyzing the systemic failures of law enforcement, the lack of effective oversight, and the ongoing human rights implications of these practices in contrast to international standards.
- Historical evolution and definitions of torture methods
- Systemic issues and human rights violations by Nigerian security forces
- Deficiencies in oversight mechanisms and internal controls
- The impact of "holding charges" and illegal detention practices
- Ethical and utilitarian arguments regarding the justification and prohibition of torture
Excerpt from the Book
Situation of torture in Nigeria
In 2005, Human Rights Watch documented that Nigerian police in the cities of Enugu, Lagos and Kano routinely practice torture. Dozens of witnesses and survivors stepped forward to testify to repeated, severe beatings, abuse of sexual organs, rape, death threats, injury by shooting, and the denial of food and water. These abuses were used in campaigns against common crime. Systematic torture was used in conjunction with military occupation in an attempt to quell anti-oil protests by the Ogoni people in the Niger Delta, according to a World Council of Churches report. Christian pastors in Nigeria have been involved in the torturing and killing of children accused of witchcraft. Church pastors, in an effort to distinguish from the competition, establish their credentials by accusing children of witchcraft. When repeatedly asked to comment about the matter, the Church has refused to comment.
The police force is insufficiently trained to conduct out criminal investigations. Police rely extensively on interrogation and confessions to solve investigations and arrests are often carried out before investigation. Similarly, military operations against Boko Haram rely primarily on mass arrests of detainees, who are subsequently held without charge or trial for long periods of time. The Nigerian legal system fails to protect people from torture and other forms of ill-treatment. Despite the fact that torture is against the law, a bill to make it illegal has yet to be passed. Despite the fact that two separate bills have been pending in the National Assembly for more than two years, nothing has happened.
Chapter Summary
Introduction: Defines torture as a deliberate act of suffering and provides a historical and international legal context for its prohibition.
Types of Torture: Categorizes various methods of torture historically used, including mechanical and physical abuse techniques.
Effectiveness of Torture: Analyzes the utilitarian arguments surrounding torture and whether it serves as an effective tool for information gathering.
Situation of torture in Nigeria: Documents specific instances and systemic patterns of torture within the Nigerian police and military forces.
Why Torture Persists in Nigeria: Examines the underlying drivers that allow the practice of torture to continue within the state apparatus.
External Oversight of the Nigeria Security Forces: Discusses the absence and ineffectiveness of external bodies tasked with monitoring security forces.
Nigerian Security Forces Internal Control: Addresses the lack of accountability and the need for internal mechanisms to deter misconduct.
Practices of arrest and detention: Details how the "holding charge" is used to bypass judicial oversight and facilitate long-term detention.
Effects of Torture: Summarizes the lasting mental and physical consequences of torture for victims.
Argument Against Torture: Outlines the ethical and practical counterarguments against the use of torture by state actors.
Conclusion: Reaffirms the necessity of judicial procedures over coercive tactics and calls for a re-examination of human rights standards in light of modern terrorism.
Keywords
Torture, Nigeria, Human Rights, Criminal Justice, Police Brutality, Interrogation, Impunity, Detention, International Law, Accountability, Boko Haram, Judicial Procedures, Ethics, Human Dignity, Security Forces
Frequently Asked Questions
What is the primary focus of this work?
The work investigates the systemic use of torture within the Nigerian criminal justice system and the failure of state institutions to uphold human rights.
Which security bodies are scrutinized?
The analysis focuses on the Nigerian Police Force and the military, highlighting their roles in human rights abuses.
What is the core research objective?
To document the persistence of torture in Nigeria despite international prohibitions and to identify the lack of legal and institutional safeguards.
What methodology is employed to analyze these issues?
The author uses historical context, reports from human rights organizations like Amnesty International, and ethical/legal analysis to evaluate the practice of torture.
What does the text conclude about the "holding charge"?
The "holding charge" is identified as a critical gateway to serious abuse, allowing police to detain individuals indefinitely without judicial review.
What are the primary arguments against torture discussed in the text?
The text argues that torture is ethically wrong, ineffective for reliable information gathering, and destructive to the overall integrity of the judicial system.
Why is the lack of training highlighted as a specific factor?
The text notes that a lack of human rights training among police recruits contributes significantly to the culture of impunity and procedural abuse.
How does the author view the role of the National Human Rights Commission?
The author argues that while the Commission exists in theory to oversee security outfits, it is in reality almost wholly ineffective.
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- Tomiwa Ogunrinde (Autor:in), 2021, The Use of Torture in Nigeria's Criminal Justice System. An Essay, München, GRIN Verlag, https://www.grin.com/document/1036920
