Nigeria: Murdered by police 

December 10th, 2009

 

 

Lagos (Nigeria) — Amnesty International, a global human rights watchdog, yesterday accused the Nigerian Police of being responsible for hundreds of extra-judicial executions, other unlawful killings and enforced disappearances every year. It also said the majority of the killings go uninvestigated and the police officers responsible go unpunished.

However, the Police Force spokesman, DCP Emmanuel Ojukwu, has rejected the findings. In a reaction to the damning allegations, he said: "Amnesty International has an unholy penchant to denigrate police organisations in most parts of the world. It is quite obvious that the mission is to kill the Nigerian police, wipe out our record, and bury our aspirations."

According to the detailed 64-page report, which was released yesterday, Amnesty International alleged that "Police don't only kill people by shooting them; they also torture them to death, often while they are in detention." The global group said one of the main problems is Nigeria Police Force Order 237 under which police officers are allowed to shoot suspects and detainees who attempt to escape or avoid arrest - whether or not they pose a threat to life.

It called on the Federal Government to repeal the said Order 237 and publicly announce that the use of lethal force is only allowed when strictly unavoidable to protect life. "This simple step could make a big difference to the number of unlawful police killings we are seeing in Nigeria," said Erwin van der Borght, Director of Amnesty International's Africa Programme.

The report, which documented 39 cases of executions and enforced disappearances over a survey period of three years (from July 2007 to June 2009), also revealed that in June 2009, Amnesty visited the Special Anti-Robbery Squad (SARS) detention centre in Abuja, which is located in a disused abattoir outside the city.

In a report backed with pictures of victims, graphs and tables of killings, the group disclosed that suspects are held in a vast warehouse previously used for slaughtering cattle. "Chains are still hanging from the ceiling. When Amnesty International delegates visited the building, about 15 people were held in cells. Amnesty International delegates counted at least 30 empty bullet cases scattered on the ground," it said.

The report, which made 59 recommendations to the Federal Government, states, National Assembly, Police Service Commission (PSC), civil society, and international bodies, was based on interviews and research carried out during the three-year survey period. Also, Amnesty's delegates spoke to police authorities at federal and state levels, Ministry of Police Affairs, PSC, Senate Committees on Police Affairs and Judiciary, Justice and Human Rights.

The delegates also reportedly spoke to judges, magistrates, state commissioners of justice and health, public defenders, lawyers and non-governmental human rights organisations (NGOs). They also interviewed family members of people who had been extra-judicially executed by the Police. Research for the report also draws on court cases, coroner's inquests, judicial inquests, policy documents and the reports of the Presidential Commissions on police reforms (the Dan Madami report in 2006 and the Yusuf report in 2008).

"Families of the victims usually get no justice or redress. Most never even find out what happened to their loved ones. Police frequently claim that the victims of shootings were 'armed robbers' killed in 'shoot-outs' with the police or while trying to escape custody. These claims are often highly implausible," the report stated.

A particular case mentioned in the report referred to one 15-year-old Emmanuel Egbo, who was killed by a police officer in Enugu in September 2008. "According to witnesses, he was playing with other children in front of his uncle's house when three police officers came up to them; "One officer pulled out a gun and shot the boy, claiming he was an armed robber. He was unarmed. In August 2009, his family discovered his body had disappeared from the mortuary. As of November 2009, the body is still missing," the report said.

Amnesty International also said some police officers see the killings of "armed robbers" in detention as acceptable practice. "Unofficially, a policeman told Amnesty International that many 'armed robbers' are taken there and shot," the report disclosed. Speaking on the contentious Order, van der Borght said: "Force Order 237 is so impermissibly broad. It simply gives police officers permission to shoot people. It is against international standards, and is being abused by police officers to commit, justify and cover up illegal killings."

The report also revealed that enforced disappearances in Nigeria are rife. "Typically, in the first days or weeks following arrest, families are allowed to visit their relatives in detention. Later on, police tell them their loved ones have been 'transferred to Abuja'. Other times, they simply deny any knowledge of their whereabouts.

"The Nigerian government says that they do not condone extra-judicial killings. But they are not doing enough to stop them and bring the police perpetrators to justice. Even on the rare occasions when police officers implicated in an unlawful killing are prosecuted, they are often released on bail or escape custody. Some are simply transferred to other states.

"Ending unlawful killings and enforced disappearances by the police will require serious legal reform and commitment and support from the Nigerian police force," said van der Borght.

According to him, "The Nigerian Police Force must introduce a new code of conduct throughout its chain of command - from the very top to the bottom. If not, the cycle of violence will simply continue." The report described the Nigerian Police as a system that is starved of funds, suffering from chronic lack of resources, with undertrained and unqualified staff, poor working conditions, poor distribution of budget, and poor public image.

The report said in Nigeria, the Constitution guarantees the right to compensation. "However, families of victims often cannot seek remedy. Victims of extra-judicial executions and other unlawful police killings in Nigeria are usually people who live in poverty. Those who are executed unlawfully, killed, or disappear in custody are typically men aged between 15 and 45 years," it said.

It recommended that the Police must introduce a new rule of conduct, governed by a respect for human rights, throughout its chain of command, from top to the bottom.

"Ending extra-judicial executions, other unlawful killings and enforced disappearances require both a change in the culture of impunity and legal reform," the report stated. The Federal Government was urged to amend Section 33(2)(b) of the Constitution, which provides for more grounds for lethal force more than those permitted by international human rights law. It was also asked to criminalise torture, extra-judicial executions and enforced disappearances, punishable by sanctions commensurate with the gravity of the practice. The report also recommended that a Federal Coroner's law should be drafted, which requires an investigation to determine circumstances of unnatural, sudden or violent deaths, including all cases of death in custody.

The Federal Government was also urged to abolish all court fees for cases handled on a pro-bono basis when the applicant cannot afford the fees; and to improve access to legal aid, which should include providing resources to the Legal Aid Council in order to appoint more lawyers. The National Assembly was asked to ensure that Section 33(2)(b) of the Constitution is amended, and also domestic laws and regulations governing the use of force by police, including sections of Police Force Order 237.

Legislators were also enjoined to review the Police Act and ensure that the treatment of detainees is in conformity with the Nigerian Constitution as well as with international law and standards; and also to ensure that the Police Force receives adequate resources, including funding. State governments were urged to criminalise torture, extra-judicial executions and enforced disappearances; and to establish safe and reliable mechanisms to guarantee the participation of witnesses in the legal process, and to consider the creation of a permanent and effective system for witness protection.

The PSC was asked to condemn publicly all extra-judicial executions and other unlawful killings, including of suspected armed robbers, and announce that perpetrators would be brought to justice; and to ensure that appropriate disciplinary measures were taken against law enforcement officials who harass or intimidate human rights activists, lawyers or people making a complaint about police misconduct.

 

source.This Day (Nigeria) - December 10, 2009.