- June 26, 2024
- Posted by: Hub Admin
- Categories: Access to Justice, Article, Latest News & Events
By Altine Bello & Pamela Udejimba
Torture is a crime under international law; it is widely prohibited and cannot be justified under any circumstances.
The International Day in Support of Victims of Torture, observed annually on June 26, is dedicated to advocating against the crime of torture and supporting victims and survivors of torture around the world. On December 12, 1997, by resolution 52/149, the UN General Assembly proclaimed June 26 the United Nations International Day in Support of Victims of Torture to commemorate the effective functioning of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT). This convention is a key international treaty that outlines the global commitment to ending torture and ensuring accountability for perpetrators.
Torture aims to destroy the victim’s personality and negates the intrinsic dignity of the human being. Although international law prohibits torture, it continues to occur around the world. Despite constitutional protections such as the Anti-Torture Act, which expressly criminalises acts of torture perpetrated by public officials, and Nigeria’s ratification of international treaties, including the UNCAT, torture persists in the country.
Although Section 34 of the Constitution states that no person shall be subjected to torture or to inhuman or degrading treatment, it does not explicitly state that freedom from torture or cruel and inhuman treatment is a non-derogable right. However, the Anti-Torture Act 2017 fills this existing legislative gap by explicitly making the right to freedom from torture, cruel, inhuman, and degrading treatment a non-derogable right, criminalising torture, and protecting victims and witnesses of torture. Reports from human rights organisations and testimonies from survivors highlight a disturbing pattern of abuse, particularly by security forces and law enforcement agencies. This undermines the rule of law, perpetuates impunity, and erodes trust in the criminal justice system.
One notable example of this is the case of the Special Anti-Robbery Squad (SARS), a unit of the Nigerian Police Force, which was notorious for its use of torture and extrajudicial killings. Numerous victims shared harrowing accounts of physical and psychological torture, leading to nationwide calls for reform (2020 #EndSARS protests) that brought international attention to the issue of police brutality in Nigeria.
On August 29, 2021, Kubiat Akpan, 28, a recent architecture graduate from the University of Uyo, was detained and investigated for robbery and cultism. He was tortured to death a few hours after his capture. The autopsy results, which revealed that the deceased had obvious injuries that suggested torture, refuted the police’s allegation that the deceased passed away due to sickness. These are just a few of the numerous cases.
In Nigeria, there is a prevailing reluctance to investigate or hold security personnel accountable in response to reports of torture. Even when investigations are announced by authorities, perpetrators are seldom prosecuted, perpetuating a culture of impunity. According to Festus Ogun, a lawyer and human rights defender, “because the majority of persons violating human rights are members of the political class, the system is designed in a way that makes it impossible for the courts to hold them accountable. Because they stand to gain financially from the irregularities of security personnel, the authorities are not acting. Our legal system has to be reformed so that the law, not man, would govern.” 1
As Nigerians, it is imperative that we lend our voices to the fight against torture, advocate for the rights of victims, and ensure that all available legal frameworks are implemented. This requires collective effort and sustained action from individuals, communities, and organisations. Raising public awareness through social media, educational programmes, and media engagement is crucial to inform and mobilise the public. Victims and survivors can also be assisted with legal aid, medical and psychological support, and rehabilitation programmes for their recovery and reintegration. We can also collaborate with NGOs and human rights organisations through partnerships, volunteering, and supporting campaigns to amplify our efforts.
Documenting legal cases and using public pressure to demand accountability from authorities is also vital to ensuring that perpetrators are prosecuted and victims receive justice. By so doing, we can work towards a torture-free society that upholds human dignity and justice.