The following is part of a comprehensive report on the Nigerian Police prepared by Human Rights Watch. For the full report, see http://hrw.org/reports/2005/nigeria0705/ "Rest in Pieces"   Police Torture  and Deaths in Custody in Nigeria I. Summary Since the end of military rule in 1999, Nigeria, under President Olusegun Obasanjo, has moved to take an increasingly influential position  in Africa. Heralded on the international stage for his efforts to broker peace  in regional conflicts, Obasanjo has taken some important steps to combat  corruption and introduce economic reforms in Nigeria. The Government of Nigeria  has not shown the same commitment to addressing human rights abuses, in  particular widespread and persistent violations perpetrated by the security  forces, most notably the police, military and other law enforcement agencies  against persons they detain. While foreign governments have applauded  Obasanjo's efforts to fight corruption, they have been reluctant to criticize Nigeria's human rights record, including the frequent use of torture by the police. Despite national and international law prohibiting the use  of torture, a Human Rights Watch investigation in Nigeria in March 2005 found  the use of torture and other cruel, inhuman, and degrading treatment by the  Nigerian Police Force to be widespread and routine. The organization conducted interviews in the cities of Enugu, Lagos and Kano with some fifty victims and  witnesses. They described brutal acts of torture, dozens of which resulted in  death. The violations were perpetrated by and with the knowledge of senior  police officers, including inspectors, divisional police officers, a deputy superintendent of police and a chief superintendent of police. So routine is  the practice, that some of these senior officers are known within the police  stations by the nickname "Officer in Charge Torture." The abuse that Human  Rights Watch documented is carried out in local and state police stations,  often in interrogation rooms which witnesses and victims said appeared to be  especially equipped for the purpose. Victims and witnesses told Human Rights Watch that the forms  of torture and other ill-treatment committed by the Nigerian police included  the tying of arms and legs tightly behind the body, suspension by hands and  legs from the ceiling or a pole, repeated and severe beatings with metal or wooden objects (including planks of wood, iron bars, and cable wire), resting  of concrete blocks on the arms and back while suspended, spraying of tear gas  in the face and eyes, rape of and other sexual violence against female  detainees, use of pliers or electric shocks on the penis, shooting in the foot  or leg, stoning, death threats, slapping and kicking with hands and boots and  denial of food and water. A twenty-three year-old man who was arrested by the police  in Enugu in mid 2004 described his treatment to Human Rights Watch: "They  handcuffed me and tied me with my hands behind my knees, a wooden rod behind my  knees, and hung me from hooks on the wall, like goal posts. Then they started beating me. They got a broomstick hair [bristle] and inserted it into my penis  until there was blood coming out. Then they put tear gas powder in a cloth and  tied it round my eyes. They said they were going to shoot me unless I admitted  I was the robber. This went on for four hours."1 In another account, a thirty-six-year-old trader who was  detained at the Kano police headquarters told researchers: "Our arms were tied  with handcuffs. One at a time we were hung by a chain from the ceiling fan  hook. I was the first. They started beating me with a yam pounder, saying I  should confess for the robbery. I didn't know what they were talking about. I  was beaten, beaten, beaten. They beat my knees, the soles of my feet, my back  and my joints. This went on for twenty-five minutes. I was beaten too much. I  shit and piss while I was hanging. Then I became unconscious."2 Human Rights Watch interviews with witnesses documented  dozens of deaths as a result of injuries sustained during torture or after  summary executions. Four detainees in Kano estimated that between twenty and  forty people had died in the state police headquarters alone between early 2003  and early 2005. One witness described to researchers how police officers in Lagos shouted "rest in pieces" after shooting suspects in their custody. He explained this  was a common euphemism used by the police to signify the death of a detainee. The majority of the victims are ordinary criminal suspects,  arrested for crimes ranging from petty theft to armed robbery. Many of these  arrests were unlawful and arbitrary because the police failed to inform the  suspects of their reasons for arrest or produce evidence against them. Suspects  who claimed to be innocent told Human Rights Watch researchers that they were  arbitrarily apprehended at police checkpoints or during anti-crime patrols,  either because they happened to be in the wrong place at the wrong time or on  the basis of what the police later told them was a tip-off. Most of those  interviewed said they were tortured to extract confessions admitting to an  alleged crime and forced to sign a statement that was written or dictated by a  police officer. Many described how they signed a statement without knowing what  it said because they were illiterate or because the document was withheld from them. According to the interviews, young men aged between eighteen and  thirty-five appeared to be most vulnerable to torture and ill-treatment.  However, Human Rights Watch also documented cases of abuse against women,  children and the elderly. Human Rights Watch also investigated cases of torture and  ill-treatment against members of political organizations, particularly those  who advocate greater autonomy for a distinct ethnic, regional or religious  group. In particular, Human Rights Watch documented violations against members  of the Igbo Movement for the Actualisation of the Sovereign State of Biafra  (MASSOB). In these cases, the purpose of torture, according to the victims,  appeared to be punishment and to force them to renounce membership in the  organization. Although this report focuses primarily on torture by the  police, Human Rights Watch came across cases of torture and ill-treatment of  suspects held in the custody of other law enforcement agencies, such as the  Economic and Financial Crimes Commission (EFCC) and the National Drug Law Enforcement  Agency (NDLEA). Disregard for due process of law, which facilitates the  abuse of power, is characteristic to all the cases documented. Amongst the main  concerns identified are the failure to inform suspects of the reasons for their  arrest, lack of legal representation, prolonged pre-trial detention and  acceptance by magistrates and judges of confessions that were extracted under  torture. Impunity among those in the security forces is one of the  biggest single obstacles to the reduction of torture and other serious abuses  by police in Nigeria. Deeply engrained societal attitudes that accept police  torture and other abuses as legitimate tools to combat crime help sustain this  impunity.  For many Nigerians who have experienced decades of oppression and  brutality by military rulers, the use of violence by the institutions of the  state is accepted, even seen as normal. One female detainee who had been  brutally beaten in Lagos told Human Rights Watch: "Of course the police will  torture, that is their work. If they see suspects, they must torture."3 Even when  they know the police action was wrong, indeed illegal, those interviewed often  described feeling utterly powerless to seek redress.  The fact that in all but  a handful of cases, there was no accountability for violations committed by the  individual police officer no doubt emboldened the perpetrators and has  perpetuated the culture of violence in the Nigerian Police Force. Victims of police torture who attempt to attain  accountability face numerous obstacles. Many torture victims who had reported  their experiences to the police authorities or representatives of local  non-governmental organizations told Human Rights Watch that they later faced  intimidation, harassment and obstruction by the police. For example, two  schoolgirls who were gang raped by police in Enugu, received threatening  phone-calls from the principal accused. He told them, "If you don't drop the  case, I will deal with you and show you I am a man."4 Official channels for registering complaints, such as the  Police Complaints Bureau and the National Human Rights Commission, are acutely  under-resourced and lack political support. In addition, the failure to carry  out legally required inquests and autopsies on suspects who died in custody further impedes accountability.  In the unlikely event that a legal case is brought  against an officer, obstruction or lack of co-operation from the police and  connivance with the lower cadres of the judiciary ensure that prosecution is  rare. According to Human Rights Watch interviews with victims, human rights organizations, lawyers, government and police representatives, the end of  military rule in 1999 has unfortunately seen no successful prosecutions against  Nigerian police officers alleged to have committed torture. National efforts to reform the police have, to date, been  largely symbolic and consistently failed to prioritize human rights issues,  including torture. An ambitious new ten-point program, launched by the Acting  Inspector General of Police in January 2005, offers some hope that more  comprehensive and meaningful reform is at last being considered. A review of  the Police Act, initiated in November 2004, is also a welcome opportunity to  bring the laws governing the police into line with international standards, particularly the inclusion of a code of conduct that specifically prohibits the  use of torture. Whether the police leadership can rise to the challenge and  contest the many vested interests opposing change -- both from inside the police  force and in the wider political environment -- will depend on political and financial support from President Obasanjo and the executive branch of  government. The international community, in particular the British and  United States governments, both of whom have since 1999 invested millions of  dollars into developing the Nigerian Police Force, must also take a stronger  stance to pressure the Nigerian government to bring about an end to the torture  of detainees, address impunity for police abuses and bring about genuine  reform. Both governments have repeatedly assured Human Rights Watch they are  voicing concerns about human rights issues with the Nigerian authorities.  However, this approach has proven to be largely ineffective as police abuses,  including routine torture, persist. Human Rights Watch calls on the British and  the U.S. governments to at the very least condition continued financial  assistance, equipment and training they are now providing to Nigerian police to  measurable decreases in abusive police practices. It also calls on the British  and U.S. governments to publicly denounce torture and killings by the Nigerian  Police Force. [1] Human  Rights Watch interview, Enugu, March 4, 2005. [2] Human  Rights Watch interview, Kano, March 2005. [3] Human  Rights Watch interview, Lagos, March 9, 2005. [4] Human  Rights Watch interview, Enugu, March 3, 2005 II. Recommendations To the Nigerian federal and state governments and  the police authorities  Publicly condemn the use of torture and ill-treatment by police  officers and other law enforcement agencies, including through a public  information campaign to increase awareness that torture is forbidden under  Nigerian and international law.  Investigate promptly and independently all allegations of torture  and ill-treatment by police officers or other law enforcement agencies.  Identify the individuals responsible for ordering and carrying out the torture  and immediately suspend them from active duty, pending criminal prosecution.  Ensure strict safeguards against arbitrary arrest are  incorporated into the laws of criminal procedure, the Police Act and codes of  conduct for law enforcement agencies. In particular, suspects should be informed at the time of arrest of the reason for their arrest, promptly  informed of the charges against them and due process adhered to at all times.  Ensure that persons taken into custody are charged and brought  before a court of competent jurisdiction within twenty-four hours. Where there  is no court within a forty kilometer radius this should be within a reasonable  time, ideally forty-eight hours, as provided for in the Nigerian constitution. Immediately release or charge with a recognizable criminal offense all those  currently held in police or prison custody without charge.  Legal representation should be mandatory for all persons charged  with capital offenses, who should be brought before a court of competent  jurisdiction without due delay and in any case within two months of arrest, as  provided for in the Nigerian constitution.  Ensure police officers inform suspects of their right to legal  representation at the time of arrest, including through the distribution of  posters and pamphlets explaining their rights, which should be put up in all  police stations country-wide.  Increase the resources to the Legal Aid Council to provide free  legal assistance to indigent persons.  Ensure that all suspects in police custody are given adequate  food and water and granted access to medical treatment where required.  Ensure that legally required autopsies are carried out for every  person who dies while in custody of any agency of the state, and make autopsy  reports publicly available. Strengthen coroners' laws to ensure stricter  penalties for failure of the police to comply with requirements for inquests  and improve witness protection for those giving information to initiate or  assist an inquest to death in custody.  Introduce a compulsory regular reporting mechanism from  divisional police stations to the force headquarters, on complaints lodged  about abuses, including torture, killings or extortion. This should include  details of how they are being followed up and the status of investigation. The  information should be made public.  Increase the resources and staffing of internal oversight bodies  such as Police Complaints Bureau and the Human Rights Units to investigate  allegations of police abuse. Publicize the existence of these bodies.  Amend the Police Service Commission Act to grant the Police  Service Commission the powers to conduct independent investigation into police  misconduct of a criminal nature, including serious human rights abuses, and  make referrals to the prosecutor. Provide extra resources, including equipment, personnel and training to the commission's investigation department.  Thoroughly review the police training curriculum to include  comprehensive training on human rights issues including legal and appropriate  interrogation techniques. Provide comprehensive training for police officers on  the conduct of investigations. All training must be consistent with  international human rights standards, such as the United  Nations Code of Conduct for Law Enforcement Officials and other international  human rights standards.  Compensate victims of torture, ill-treatment and arbitrary  detention adequately and speedily.  Take steps to end widespread extortion of detainees by police  officials. Thoroughly investigate all allegations of extortion by such  personnel and take appropriate disciplinary action against all those found  responsible.  Sign and ratify the Optional Protocol to the United Nations  Convention Against Torture, allowing visits to Nigeria by the Subcommittee on  Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment of the Committee against Torture. To the Judiciary  Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.  Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.  Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention. To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors  Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.  Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.  Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.  Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.  The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria. To the Nigerian federal and state governments and  the police authorities  Publicly condemn the use of torture and ill-treatment by police  officers and other law enforcement agencies, including through a public  information campaign to increase awareness that torture is forbidden under  Nigerian and international law.  Investigate promptly and independently all allegations of torture  and ill-treatment by police officers or other law enforcement agencies.  Identify the individuals responsible for ordering and carrying out the torture  and immediately suspend them from active duty, pending criminal prosecution.  Ensure strict safeguards against arbitrary arrest are  incorporated into the laws of criminal procedure, the Police Act and codes of  conduct for law enforcement agencies. In particular, suspects should be informed at the time of arrest of the reason for their arrest, promptly  informed of the charges against them and due process adhered to at all times.  Ensure that persons taken into custody are charged and brought  before a court of competent jurisdiction within twenty-four hours. Where there  is no court within a forty kilometer radius this should be within a reasonable  time, ideally forty-eight hours, as provided for in the Nigerian constitution. Immediately release or charge with a recognizable criminal offense all those  currently held in police or prison custody without charge.  Legal representation should be mandatory for all persons charged  with capital offenses, who should be brought before a court of competent  jurisdiction without due delay and in any case within two months of arrest, as  provided for in the Nigerian constitution.  Ensure police officers inform suspects of their right to legal  representation at the time of arrest, including through the distribution of  posters and pamphlets explaining their rights, which should be put up in all  police stations country-wide.  Increase the resources to the Legal Aid Council to provide free  legal assistance to indigent persons.  Ensure that all suspects in police custody are given adequate  food and water and granted access to medical treatment where required.  Ensure that legally required autopsies are carried out for every  person who dies while in custody of any agency of the state, and make autopsy  reports publicly available. Strengthen coroners' laws to ensure stricter  penalties for failure of the police to comply with requirements for inquests  and improve witness protection for those giving information to initiate or  assist an inquest to death in custody.  Introduce a compulsory regular reporting mechanism from  divisional police stations to the force headquarters, on complaints lodged  about abuses, including torture, killings or extortion. This should include  details of how they are being followed up and the status of investigation. The  information should be made public.  Increase the resources and staffing of internal oversight bodies  such as Police Complaints Bureau and the Human Rights Units to investigate  allegations of police abuse. Publicize the existence of these bodies.  Amend the Police Service Commission Act to grant the Police  Service Commission the powers to conduct independent investigation into police  misconduct of a criminal nature, including serious human rights abuses, and  make referrals to the prosecutor. Provide extra resources, including equipment, personnel and training to the commission's investigation department.  Thoroughly review the police training curriculum to include  comprehensive training on human rights issues including legal and appropriate  interrogation techniques. Provide comprehensive training for police officers on  the conduct of investigations. All training must be consistent with  international human rights standards, such as the United  Nations Code of Conduct for Law Enforcement Officials and other international  human rights standards.  Compensate victims of torture, ill-treatment and arbitrary  detention adequately and speedily.  Take steps to end widespread extortion of detainees by police  officials. Thoroughly investigate all allegations of extortion by such  personnel and take appropriate disciplinary action against all those found  responsible.  Sign and ratify the Optional Protocol to the United Nations  Convention Against Torture, allowing visits to Nigeria by the Subcommittee on  Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment of the Committee against Torture. To the Judiciary  Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.  Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.  Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention. To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors  Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.  Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.  Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.  Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.  The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria. To the Judiciary  Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.  Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.  Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention. To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors  Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.  Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.  Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.  Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.  The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria. II. Recommendations To the Nigerian federal and state governments and  the police authorities  Publicly condemn the use of torture and ill-treatment by police  officers and other law enforcement agencies, including through a public  information campaign to increase awareness that torture is forbidden under  Nigerian and international law.  Investigate promptly and independently all allegations of torture  and ill-treatment by police officers or other law enforcement agencies.  Identify the individuals responsible for ordering and carrying out the torture  and immediately suspend them from active duty, pending criminal prosecution.  Ensure strict safeguards against arbitrary arrest are  incorporated into the laws of criminal procedure, the Police Act and codes of  conduct for law enforcement agencies. In particular, suspects should be informed at the time of arrest of the reason for their arrest, promptly  informed of the charges against them and due process adhered to at all times.  Ensure that persons taken into custody are charged and brought  before a court of competent jurisdiction within twenty-four hours. Where there  is no court within a forty kilometer radius this should be within a reasonable  time, ideally forty-eight hours, as provided for in the Nigerian constitution. Immediately release or charge with a recognizable criminal offense all those  currently held in police or prison custody without charge.  Legal representation should be mandatory for all persons charged  with capital offenses, who should be brought before a court of competent  jurisdiction without due delay and in any case within two months of arrest, as  provided for in the Nigerian constitution.  Ensure police officers inform suspects of their right to legal  representation at the time of arrest, including through the distribution of  posters and pamphlets explaining their rights, which should be put up in all  police stations country-wide.  Increase the resources to the Legal Aid Council to provide free  legal assistance to indigent persons.  Ensure that all suspects in police custody are given adequate  food and water and granted access to medical treatment where required.  Ensure that legally required autopsies are carried out for every  person who dies while in custody of any agency of the state, and make autopsy  reports publicly available. Strengthen coroners' laws to ensure stricter  penalties for failure of the police to comply with requirements for inquests  and improve witness protection for those giving information to initiate or  assist an inquest to death in custody.  Introduce a compulsory regular reporting mechanism from  divisional police stations to the force headquarters, on complaints lodged  about abuses, including torture, killings or extortion. This should include  details of how they are being followed up and the status of investigation. The  information should be made public.  Increase the resources and staffing of internal oversight bodies  such as Police Complaints Bureau and the Human Rights Units to investigate  allegations of police abuse. Publicize the existence of these bodies.  Amend the Police Service Commission Act to grant the Police  Service Commission the powers to conduct independent investigation into police  misconduct of a criminal nature, including serious human rights abuses, and  make referrals to the prosecutor. Provide extra resources, including equipment, personnel and training to the commission's investigation department.  Thoroughly review the police training curriculum to include  comprehensive training on human rights issues including legal and appropriate  interrogation techniques. Provide comprehensive training for police officers on  the conduct of investigations. All training must be consistent with  international human rights standards, such as the United  Nations Code of Conduct for Law Enforcement Officials and other international  human rights standards.  Compensate victims of torture, ill-treatment and arbitrary  detention adequately and speedily.  Take steps to end widespread extortion of detainees by police  officials. Thoroughly investigate all allegations of extortion by such  personnel and take appropriate disciplinary action against all those found  responsible.  Sign and ratify the Optional Protocol to the United Nations  Convention Against Torture, allowing visits to Nigeria by the Subcommittee on  Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment of the Committee against Torture. To the Judiciary  Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.  Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.  Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention. To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors  Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.  Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.  Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.  Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.  The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria. III. Methods This report is based on research conducted by Human Rights  Watch in Nigeria in March 2005. Researchers interviewed fifty current or former  detainees in Enugu in the south-east, Lagos in the south-west and Kano in the north, all of whom alleged they had been tortured in the custody of police or  other law enforcement agencies within the last four years. Twenty-nine of those  interviewed were in prison of whom three had been convicted after having stood  trial, and the remainder awaiting trial. The main focus of this report is the treatment of ordinary  criminal suspects, who made up the majority of those interviewed. However,  those interviewed also included seven people arrested for membership of a  self-determination group. In addition to interviews with victims of torture,  Human Rights Watch visited four police stations and met police authorities at  the state and federal levels. Researchers also met state government officials,  Nigerian human rights groups and lawyers. This report aims to demonstrate clear patterns of torture  and deaths in custody by the police in Nigeria today, examine the factors that  facilitate this, and discuss the response of the police authorities and international community to the problem. This report does not claim to be a  comprehensive study of police torture in all parts of the country; rather it  focuses on a limited number of locations and cases from the last four years.  This research confirms patterns documented by Human Rights Watch and local non-governmental organizations in previous years which suggest that police  torture and deaths in custody are widespread problems across Nigeria, which have existed for decades. Human Rights Watch was able to document cases of police  torture and deaths in custody in seven of Nigeria's thirty-six states and in  the federal capital territory. The locations of Enugu, Lagos and Kano were chosen to reflect the geographical, ethnic and religious balance of Nigeria. In the course of the research, Human Rights Watch also gathered testimony from  individuals alleging torture or ill-treatment by police in the states of  Anambra in the south-east, Benue in central Nigeria, Imo in the south-east, Katsina in the north, and the federal capital, Abuja. In the context of this research, Human Rights Watch came  across many other allegations of serious violations by the police, including  extortion, arbitrary arrest, excessive periods of pre-trial detention, and extra-judicial executions, illustrating the deep-rooted problems that exist  within the police and judicial system in Nigeria. Human Rights Watch has in the  past reported on these concerns and continues to raise them with the Nigerian  authorities. 5 [5] See for  example, Human Rights Watch, "Revenge in the Name of Religion: The cycle of  violence in Plateau and Kano States," May 2005, and "Renewed Crackdown on  Freedom of Expression," December 2003, "'The Miss World riots': Continued  Impunity for Killings in Kaduna," July 2003, and "Jos, A City Torn Apart,"  December 2001. All Human Rights Watch's reports on Nigeria are accessible on  the Human Rights Watch website: www.hrw.org Home News Releases About HRW Get Involved Publications Info by Country Africa Americas Asia Europe/Central Asia Middle East/N. Africa United States Global Issues Arms Children's Rights Economic, Social & Cultural Rights HIV/AIDS International Justice LGBT Rights Prisons Refugees Torture and Abuse United Nations Women's Rights More... Campaigns Film Festival Photo Galleries Audio / Video Site Map Contact Us RSS    <> IV. Background: Attitudes Towards Policing History of Policing in Pre-Colonial and Colonial Nigeria Prior to the onset of colonization by the British in 1861,  traditional African policing methods were rooted in the community and closely  interlinked with social and religious structures. The enforcement of traditional customs and beliefs was carried out by community structures such as  age grades (formal organizations whose membership is based on pre-determined  age range), secret societies or vocational guilds (for example, of hunters,  farmers or fishermen). Through these diffuse systems of crime control, law and  order was maintained, largely without the use of violence.6 As the British sought colonial expansion across the territories  known today as Nigeria, they established local, decentralized police forces.  The first such force was created to police the Lagos colony in 1861. Subsequent  constabularies were formed in what became the northern and southern  protectorates. The composition of these police forces varied depending on  location. For example, in the Lagos colony a deliberate strategy utilized  officers from the linguistically and culturally distinct Hausa ethnic group from the north of the country. This practice appeared to alienate the police  from the local community they were employed to control. By contrast in the  northern Nigerian protectorate a system of indirect rule depended on the Hausa  chiefs and emirs, and thus the emir's existing police system was strengthened.7 The primary purpose of the police during this time was to  advance the economic and political agenda of the colonizers. In many areas, the  police engaged in the brutal subjugation of communities and the suppression of  resistance to colonial rule. The use of violence and repression from the  beginning of the colonial era, marked a dislocation in the relationship between  the police and local communities, which has characterized law enforcement  practices in Nigeria ever since.8 In 1930, the northern and southern police forces merged into  the first national police force -- the Nigerian Police Force -- headed by an  Inspector General of Police. The following years saw further changes in the  organization of the force, such as the introduction of regional commands to  reflect the federalism of Nigeria. Responsibility for maintaining law and order  was now shared by federal and regional governments. The same basic structure  was retained after Nigeria gained independence from the British in 1960. By  this time, public perceptions of the police were firmly grounded in their experience of the use of the police force to extend colonial domination, for  example, in the suppression of demonstrations from the late 1920s, workers  strikes in the 1940s and communal violence from the 1950s.9 Post independence,  successive military regimes used the police to enforce authoritarian rule, further entrenching a culture of violence and inhibiting the development of  democratic institutions, founded on the rule of law.10 For decades the police in Nigeria have betrayed their  responsibility to protect Nigerian citizens and have instead preyed on them for  economic gain. Indeed, the relationship between citizens and the police is very  often characterized by brutality, confrontation and exploitation. Research  conducted in 2000 by the Centre for Law Enforcement and Education (CLEEN), a Lagos based NGO, found that the use of violence by the police against citizens in Nigeria was widespread. Of  637 respondents to a survey carried out in fourteen states,  14.8 percent said they had been beaten by the police, 22.5 percent said police  had threatened to shoot them in the past, and 73.2 percent said they had  witnessed the police beating another person. A sample of 197 prison inmates,  revealed higher figures of police abuse; 81 percent of respondents said they  had been beaten or slapped and 39 percent burnt with hot objects.11 Patterns of police killings and excessive use of force have  been documented by other local and international human rights organizations.12 Local  organizations and the media have reported circumstances in which police obliged  motorists stop at checkpoints and then shot those who refuse to pay bribes of  as little as twenty naira (US$ 0.15).13  For the average Nigerian, encounters with the police are negative and public  confidence in the force is extremely low. 14 A combination of factors has contributed to this situation.  Firstly, like many government institutions, a history of neglect has left the  Nigerian Police Force under-resourced.15 Since 1999 the government has sought to  address this by progressively increasing the federal allocation to the force.  In 2003 this was 8.3 billion naira (US$ 63 million) for capital expenditure.16 Despite  these increases, a Nigerian police reform expert explained to Human Rights  Watch that poor budgetary planning and processes mean funds are misspent or  wrongly allocated. The centrally planned budgeting process allows little input from state and divisional commands and so often their most basic resource needs  are not met.17 At a practical level, this has affected the physical  infrastructure of the force. When Human Rights Watch researchers visited police  stations in Lagos, Kano and other parts of the country they observed poorly maintained buildings, with an intermittent power supply and lacking basic  office equipment such as telephones, computers or filing cabinets. 18 Like many other state employees in Nigeria, police officers are poorly trained, ill-equipped and poorly remunerated. The average  take-home salary for a constable is approximately US$ 61 per month, slightly less than the average wage for a schoolteacher which is approximately US$ 77  per month. Indeed partly because of their poor pay and conditions, corruption  within the force is rampant as the lower cadres try to supplement their meager  incomes. At the other end of the scale however, is a more gratuitous form of  corruption, appeared to be motivated purely by greed.19 This extends to the very  highest levels, allegedly including the former Inspector General of Police who  in January 2005 resigned and was subsequently accused of stealing US$ 98  million of public funds.20 Rising poverty, high unemployment and the breakdown of  traditional social structures have led to an upsurge of violent crime in recent  years which the Nigerian police have been ill-equipped to address.21 Official  crime statistics, compiled by the police, show that reported incidents of  murder across the country increased from 1,629 in 1994 to 2,136 in 2003.  Incidents of armed robbery increased from 2,044 in 1994 to 3,497 in 2003. 22 While crime  trends are notoriously difficult to analyze or interpret, it is apparent that  the public perception is that crime rates in Nigeria are extremely high,  particularly armed robbery.23  Crime rates and the perception of crime have been exacerbated by the high proliferation of small arms throughout the country. Fully and semi-automatic  rifles, shotguns, machine guns and shoulder fired rockets are readily available  for purchase in parts of the Niger Delta.24  Many of these weapons are smuggled  through Nigeria's porous borders from neighboring conflicts in west and central  Africa. Others are stolen or purchased from the security forces. 25 The police have often been unable to meet the safety and  security needs of local communities and are often overpowered by well-armed and  often violent criminals. According to Nigerian police reform experts, the  police force has insufficient well-trained manpower to adequately address  policing needs. The loss of public confidence in the effectiveness of the  police has resulted in the emergence of private security outfits and local  vigilante groups, the most notorious of which include the Bakassi Boys in the south-eastern  states, but also extends to hundreds of smaller groups across the country.26 Since 1999 numerous special police units have been created  to address the problem of rising crime. These include the Rapid Response Squad,  Operation Sweep, and the Special Anti-Robbery Squad (SARS), some of which are  the perpetrators of torture as documented by Human Rights Watch in this report.  On his inauguration in 2002, former Inspector General of Police Tafa Balogun  established a federal anti-crime task force known as "Operation Fire-for-Fire."  As part of this operation, Balogun announced in the national media and on  promotional posters, that there would be "[a] massive onslaught against armed robbery, gruesome murder, assassinations and other violent crimes."27 He  instructed officers "[to] conduct aggressive stop and search operations by  carrying the battles to bank robbers. This would involve raiding all known and  suspected black spots, flash points and other criminal hideouts."28 In October 2002, the Inspector General of Police appeared to  effectively give his officers instructions to use deadly force if police  stations or barracks were attacked. According to media reports, this was in response to violent protests against police abuses at a number of stations and  barracks across the country. During an address to his officers he told them,  "You have the fundamental right to defend your barracks. Any mob that attacks  the barracks should be shot." He went on to imply that they would be immune to  prosecution for anyone killed in the course of a confrontation: "You have the  right to defend your selves. This is my slogan. It is time for fire-for-fire.  Start now to rise up to the occasion as we will praise you, not blame you."29 Local and  international observers note that not only has this confrontational response  failed to significantly reduce incidents of violent crime, but the Nigerian  Police Force is often accused of the disproportionate use of force in their  fight against criminal activity.30 The force headquarters regularly publish statistics  detailing the number of armed robbery suspects arrested or killed in  confrontations with the police. For example, in March 2005, the Acting  Inspector General of Police announced that twenty-two "armed robbers" were  killed during gun battles with the police in February and March 2005. 31 However,  there appears to be a large discrepancy between the total number of weapons  recovered and the total number of armed robbery suspects arrested or killed. While it is not implausible that some of these may have been lost or stolen,  the discrepancy is so great it raises troubling questions that force may have  been used disproportionately.  When Human Rights Watch met the former Inspector  General in 2004, he presented a chart detailing crime statistics which revealed  that in 2003 the police killed 3,100 "armed robbers" in gun battles, arrested  8,300 armed robbery suspects, and recovered a total of 3,451 fire arms. The  statistics also show that the ratio between the number of suspects arrested and  the number killed is extremely low and appears to be diminishing year by year.  In 2000 there were approximately five arrests for one killing. In 2003 this  ratio had dropped to just three arrests for each killing. The chart is  reproduced on the opposite page: 2000 2001 2002 2003 Jan-March 2004 Armed robbery suspects arrested 4,341 5,252 7,048 8,300 476 Armed robbers killed in combat 834 821 2,021 3,100 422 Fire arms recovered 928 1,013 3,150 3,451 300 Ammunition recovered 12,321 13,452 21,086 30,653 8,308 Stolen vehicles recovered 579 603 953 1,220 175 Policemen killed in operation 33 23 172 58 28 Table 1:  "Crime Statistics from 200-February 2004," chart  presented to Human Right Watch by Inspector General of Police, Abuja, July 2004. The term "armed robber" has become part of the national  lexicon and is frequently used by Nigerians to refer to any person suspected of  any form of criminal activity, regardless of whether they were carrying a  weapon. For those individuals labeled "armed robbers" there is often an  automatic presumption of guilt, which, according to those interviewed by Human  Rights Watch, served as a justification for unlawful detention, torture and  killing. The U.N. Special Rapporteur on extrajudicial summary or arbitrary executions commented during a visit to Nigeria in July 2005, "While I do not  for a moment under-estimate the scourge of armed robbery which plagues too much  of Nigeria, there is no doubt in my mind that the label of armed robbers is  very often used to justify the jailing of innocent individuals who have come to  the attention of the police for reasons ranging from a refusal to pay a bribe  to inconveniencing or insulting the police or some general offence against  public order."32 Once arrested, armed robbery and other criminal suspects are  frequently paraded before journalists in order to illustrate the success of  anti-crime operations, thus appearing to label them guilty prior to a trial  before a court. For example, at a Lagos press conference in October 2002, the  state commissioner of police paraded ninety-three suspects accused of armed  robbery, and announced this as "the fruits of the efforts of Operation  Fire-for-Fire to fight crime and check criminals."33  In October 2004, the  local media reported that fourteen crime suspects were paraded before  journalists at the federal capital territory police command in Abuja.34 This has, on numerous occasions, also extended to the public  display of the dead bodies of "armed robbers" at police press conferences. For  example, in August 2004 a national newspaper reported that the Bauchi State police command had shot dead thirteen suspected armed robbers as part of a  renewed anti-crime campaign. The paper described how the corpses of eight  suspects were paraded at a press conference at the state police headquarters as  evidence of the police authorities' "war against armed robbers." 35 The police have been instructed with orders to use lethal  force while maintaining law and order at public demonstrations and during  inter-communal conflict, which has on several occasions led to the disproportionate  use of force against unarmed demonstrators. For example, during nationwide  protests against an increase in the price of fuel in July 2003, large numbers  of police were deployed to the streets of Lagos and other major towns and  cities. According to a witness to a telephone conversation between a senior  federal police official in Abuja and the Commissioner of Police for Lagos State, the authorization to shoot protestors on sight was given from the police  headquarters.36  As policemen violently broke up demonstrations using tear gas and live bullets  at least twelve and possibly more than twenty people were killed.37 Similarly,  during large scale rioting between Christians and Muslims in Kano in May 2004,  dozens of people were killed by police and the military which had been publicly  given orders to shoot on sight to quell the violence. 38 Structure and Organization of the Nigerian Police  Force The Nigerian Police Force is a centralized and federally  administered institution. It is headed by an Inspector General of Police  appointed by and accountable to the President. The constitution vests the overall operational control of the force in the hands of the President. Section  215 (3) states: "The President or such other Minister of the Government of the Federation  as he may authorize in that behalf may give to the Inspector-General of Police  such lawful directions with respect to the maintenance and securing of public  safety and public order as he may consider necessary, and the Inspector-General  of Police shall comply with those direction or cause them to be compiled with."39 This is  further codified in the Police Act which states: "The President shall be  charged with operational control of the Force" and that "the Inspector-General  shall be charged with the command of the force subject to the directive of the  President." 40 A system of patronage, where individuals are favored by the  government in return for their support, appears to extend to the middle ranks  and has led to accusations that the police function as a tool of the ruling  party. There are numerous examples of this documented by Human Rights Watch  including the use of the police to harass journalists, protestors, and members  of groups opposing government policies.41 In addition, during Human Rights Watch  research on political violence around the 2003 elections, it was widely alleged  by human rights groups that the police were given orders by the ruling People's  Democratic Party (PDP) at the highest level to turn a blind eye to incidents of  fraud and electoral malpractice in their favor. In Anambra State, where there has been serious political infighting within the PDP since 2003, a  detachment of police was involved in the attempted abduction of the state  governor in July 2003.42 Each of the thirty-six states and the federal capital  territory is served by a unit called a command, under a state commissioner of  police. Three or four state commands are grouped together to form one of twelve  zones, each under an Assistant Inspector General. State commands are divided  into smaller area commands, below which are divisional police stations, headed  by a Divisional Police Officer (DPO) and finally local police posts.43 The force  size currently stands at approximately 325,000 officers. With an overall  population of roughly 130 million people, this is a ratio of one officer to  every 400 Nigerians. This compares with similar ratios in South Africa and the United Kingdom.44 As a federal institution, the Nigerian Police Force recruits  officers from across the country. New recruits are posted to any one of the  thirty-six state commands. Under a strict system of rotation officers are transferred to a new post every few years and therefore communities are policed  by officers who may be from different ethnic or religious backgrounds to their  own. Serving alongside the regular police force are the Mobile  Police, an especially trained anti-riot unit, numbering approximately 30,000  officers. Known locally as MOPOL, they were originally created to contain civil  disturbance or large-scale conflict but today are also deployed to carry out  various other policing duties. The Mobile Police operate under a parallel  authority structure with forty-six squadrons, organized into state and zonal  commands and headed by a commissioner of police at the force headquarters. Several other national agencies carry out law enforcement  functions and have the power to arrest and detain suspects, some at their own  detention facilities. These include the National Drug Law Enforcement Agency  (NDLEA), the Customs and Immigration Service and the Economic and Financial Crimes Commission (EFCC), a body established in 2002 to investigate a range of  financial crimes such as money transfer fraud and money laundering. In  addition, there are two principal intelligence agencies: the State Security  Service (SSS) and the Directorate of Military Intelligence (DMI), dealing with  criminal matters affecting the security of the state. [6] Akin Ibidapo-Obe, "Police Brutality: Dimensions and Control in Nigeria," in Civil Liberties Organisation, Law Enforcement and Human Rights in Nigeria (Lagos, 1994), and Human Rights Practices in the Nigerian Police Force,  Constitutional Rights Project, (Lagos, 1993). For a detailed history of the  police in Nigeria see, T. Tamuno, The Police in Modern Nigeria,  (University Press Ibadan, 1970). [7] Human Rights Practices in the Nigerian Police Force, Constitutional Rights Project, (Lagos, 1993) and T. Tamuno, The Police in Modern Nigeria, (University Press Ibadan, 1970). [8] Innocent  Chukwuma, "Police Transformation in Nigeria: Problems and Prospects," paper  presented at conference on Crime and Policing in Transitional Societies,  Konrad Adenaeur Stiftung, in conjunction with the South African Institute for  International Affairs, University of Witswatersrand, Johannesburg, September  2000. [9] T. Tamuno, The Police in Modern Nigeria, (University Press  Ibadan, 1970), and Etannibi Alemika and Innocent Chukwuma, "Analysis of  Police and Policing in Nigeria: A desk study on the role of policing as a  barrier to change or driver of change in Nigeria," prepared for the Department  For International Development, 2004. [10] For  details of human rights violations perpetrated by the police, military and  other security forces during the periods of military rule in Nigeria, see Human  Rights Watch, "The Ogoni Crisis: A Case Study of Military Repression in  Southeastern Nigeria," July 1995, and "Permanent Transition: Current Violations  of Human Rights in Nigeria," September 1996, and "Situation of Human Rights in  Nigeria, Report Submitted by the Special Rapporteur of the Commission for Human  Rights, Mr. Soli Jehangir Sobabjee pursuant to commission resolution 1997/53,"  E/CN.4/1998/62, and "The Human Rights Violations Investigation Commission  Report," by Hon. Justice Chukwudifu A. Oputa, found at www.oputapanelreport.org [11] Etannibi  Alemika and Innocent Chukwuma, Police Community Violence in Nigeria, Centre for Law Enforcement Education, Lagos, February 2000 . [12]  "Impunity in Nigeria, Reports of extra-judicial, arbitrary and summary  executions in Nigeria, December 2001-December 2003," LEDAP, May 2004, and "Nigeria: Security forces constantly fail to protect and respect human rights," Amnesty  International, 2003. [13] For  example, "Shot to death," in The Educator, official newsletter of the Civil  Liberties Organization, July-September 2004, and "Nigerian Police slay driver,  triggering riot in south-west," Associated Press, January 14, 2005,  "Police  Kill 9, Arrest 2," This Day, October 21, 2004, "Nigerian  police kill 3 over 15-cent bribe," PANA, August 18, 2004. [14] See also  Etannibi Alemika and Innocent Chukwuma, Police Community Violence in  Nigeria, Centre for Law Enforcement Education, Lagos, February 2000, and  "Abusers not protectors -- how Nigerians view their police force," IRIN, May  24, 2005. [15] Human  Rights Watch interview Lagos, March 7, 2005, telephone interview, May 23,  2005,  and Etannibi Alemika and Innocent Chukwuma, "Analysis of Police and  Policing in Nigeria: A desk study on the role of policing as a barrier to  change or driver of change in Nigeria", prepared for the Department for  International Development, 2004. [16] Human  Rights Watch telephone interview with senior staff of the Police Service  Commission, May 23, 2005. [17] Human  Rights Watch telephone interview, June 24, 2005. [18] See  also, "Report of the Police Station Visitor Walkthrough Survey Conducted on October 29-31, 2003 by Centre for Law Enforcement Education (CLEEN), Lagos, Nigeria." [19] Etannibi  Alemika and Innocent Chukwuma, "Analysis of Police and Policing in Nigeria: A desk study on the role of policing as a barrier to change or driver of change in Nigeria," prepared for the Department for International Development, 2004. [20] See for  example, "Nigeria's ex-police chief charged with 100 million dollar swindle,"  Agence France-Presse, April 4, 2005. [21] Kole  Settima and Innocent Chukwuma, " Crime and Human Rights in Nigeria," paper presented at The International Council on Human Rights Policy,  Crime, Public Order and Human Rights Project Review Seminar, Carnegie Council  on Ethics and International Affairs, New York, October 21-22, 2002. [22] The  police crime statistics can be found at www.cleen.org. The  absence of reliable and independent crime statistics has made it difficult to  quantify or analyze crime trends in Nigeria. Official crime statistics, which  have only recently been recorded, are unreliable because they present only  those crimes officially reported to the authorities and records may be  manipulated to satisfy political interests. [23] The  Nigerian NGO, the CLEEN Foundation, in collaboration with the Federal Office of  Statistics, has recently undertaken one of the first crime and victim surveys  in Nigeria. "Criminal Victimization and Fear of Crime in Lagos State: A report of the Lagos Crime Victimization Survey, 2004" can be found at www.cleen.org [24] See  Human Rights Watch, "The Warri Crisis: Fuelling Violence," November 2003, pp  24-26. [25] Human  Rights Watch, "The Warri Crisis: Fuelling Violence," November 2003, and "Rivers  and Blood: Guns, Oil and Power in Nigeria's Rivers State," a Human Rights Watch  briefing paper, February 2005. See also, International Alert, "Small Arms  Control in Ghana, Nigeria and Senegal," March 2004. [26] The  Bakassi Boys were formed by traders in the south-eastern market towns of Onitsha in Anambra State and Aba in Abia State in 1998 to combat armed robbery. At their  height in 2001-2002, the Bakassi Boys were also active in Imo State and carried out vigilante activities with the support and encouragement of state  governments. The Bakassi Boys have been responsible for widespread human rights  abuses including extra-judicial killings, torture and arbitrary detention. Due  to public condemnation of their methods, the federal government took steps to  disband the group in 2002. For further information on the Bakassi Boys, see  Human Rights Watch/CLEEN report, "The Bakassi Boys: The Legitimization of  Murder and Torture," May 2002. [27] Nigerian  Police Force promotional poster detailing Tafa Balogun's Eight Point Strategy  for crime control and "IG to Reposition Police," Vanguard, April 16,  2002. [28] "IG Gives  Fresh Directives on Fire for Fire," This Day, April 17, 2002. [29] "IG to Policemen: Shoot Arsonists at Sight," This Day, October 18, 2002, and "Nigerian police boss orders protestors shot  on sight," Agence France-Presse, October 18, 2002. [30] "Human  Rights Group criticizes Fire-for-Fire," Daily Trust, April, 2002, "Student  shootings spark concern over Nigerian police tactics", Agence France-Presse,  June 24, 2002, and U.S. Department of State, Nigeria Country Report on Human  Rights Practices in 2002, 2003 and 2004. [31] "Nigeria cracks down on banditry," Xinhua news agency, March 31, 2005. [32]  "Press  Statement, by Professor Philip Alston, Special Rapporteur of the United Nations  Commission on Human Rights on extrajudicial, summary or arbitrary executions,"  Abuja, 8 July 2005. [33] "Police  Kill 25 Robbers, Arrest 93," This Day, October 25, 2002. [34] "Police  Kill Three, Parade 14 Crime Suspects," P.M. News, October 7, 2004. [35] See for  example, "Police Kill 13 Bandits in Bauchi," This  Day, August 14, 2004. [36] Human  Rights Watch interview, Abuja, July 20, 2003. [37] For  further details of the police response during the July 2003 demonstrations see  Human Rights Watch report, "Renewed Crackdown on Freedom of Expression",  December 2003, pp 7-13. [38] Human  Rights Watch, "Revenge in the Name of Religion: The cycle of violence in  Plateau and Kano States," May 2005, and "Shoot-on-sight order in Kano as death toll hits 30," Vanguard, May 13, 2004. [39]  Constitution of the Federal Republic of Nigeria, 1999, section, 215 (3). [40] Police  Act, 1990, Section 9(4) and (5). [41] See  Human Rights Watch, "Renewed Crackdown on Freedom of Expression," December  2003. [42] See for  example, "Anambra: Police Commission to Review Officers' Conduct," This Day,  November 29, 2004, and "Anambrassment and Police Double Standards," Vanguard,  November 19, 2004. [43] For  further information see www.nigeriapolice.org [44] In South  African the police/population ratio is 1: 404 and in the UK 1: 412. Information taken from www.saps.gov.za and  www.centrex.police.uk XII. Conclusion Six years after the end of military rule in Nigeria, the brutal techniques long employed by law enforcement agencies have not abated.  The testimonies of the victims interviewed, in particular their acceptance of police  brutality, illustrate a deeply embedded culture of violence that stems from the  use of the police as a tool of control and oppression by colonial and military  rulers alike. President Obasanjo's government has done little to change this  culture. Impunity for torture and other abuses continues to embolden the  perpetrators while internal and external oversight bodies within the police force are poorly funded and staffed. This serves to discourage victims from  seeking accountability for the abuses they have suffered.  Meanwhile, police  reform initiatives have failed to prioritize human rights protection and ensure  there are adequate mechanisms to meaningfully address torture and deaths in custody. The Nigerian President and Inspector General of Police must  take concrete steps to show they are serious about eradicating torture in Nigeria. Ending police abuses and implementing meaningful reform must be approached with  the same zeal as the government's anti-corruption crusade. Only with federal government support for genuine police reform and a nationwide public awareness  campaign against police abuses can attitudes towards police brutality be  changed. Thorough and independent investigations of all allegations of torture  must be conducted and steps taken to ensure criminal prosecution of the  perpetrators and justice for the victims and their families.   Copyright 2004, Human Rights Watch    350 Fifth Avenue, 34th Floor    New York, NY 10118-3299    USA No. 956: Police Torture and Death in Nigeria The following is part of a comprehensive report on the Nigerian Police prepared by Human Rights Watch. For the full report, see http://hrw.org/reports/2005/nigeria0705/

"Rest in Pieces"
  Police Torture  and Deaths in Custody in Nigeria
I. SummarySince the end of military rule in 1999, Nigeria, under President Olusegun Obasanjo, has moved to take an increasingly influential position  in Africa. Heralded on the international stage for his efforts to broker peace  in regional conflicts, Obasanjo has taken some important steps to combat  corruption and introduce economic reforms in Nigeria. The Government of Nigeria  has not shown the same commitment to addressing human rights abuses, in  particular widespread and persistent violations perpetrated by the security  forces, most notably the police, military and other law enforcement agencies  against persons they detain. While foreign governments have applauded  Obasanjo's efforts to fight corruption, they have been reluctant to criticize Nigeria's human rights record, including the frequent use of torture by the police. Despite national and international law prohibiting the use  of torture, a Human Rights Watch investigation in Nigeria in March 2005 found  the use of torture and other cruel, inhuman, and degrading treatment by the  Nigerian Police Force to be widespread and routine. The organization conducted interviews in the cities of Enugu, Lagos and Kano with some fifty victims and  witnesses. They described brutal acts of torture, dozens of which resulted in  death. The violations were perpetrated by and with the knowledge of senior  police officers, including inspectors, divisional police officers, a deputy superintendent of police and a chief superintendent of police. So routine is  the practice, that some of these senior officers are known within the police  stations by the nickname "Officer in Charge Torture." The abuse that Human  Rights Watch documented is carried out in local and state police stations,  often in interrogation rooms which witnesses and victims said appeared to be  especially equipped for the purpose. Victims and witnesses told Human Rights Watch that the forms  of torture and other ill-treatment committed by the Nigerian police included  the tying of arms and legs tightly behind the body, suspension by hands and  legs from the ceiling or a pole, repeated and severe beatings with metal or wooden objects (including planks of wood, iron bars, and cable wire), resting  of concrete blocks on the arms and back while suspended, spraying of tear gas  in the face and eyes, rape of and other sexual violence against female  detainees, use of pliers or electric shocks on the penis, shooting in the foot  or leg, stoning, death threats, slapping and kicking with hands and boots and  denial of food and water. A twenty-three year-old man who was arrested by the police  in Enugu in mid 2004 described his treatment to Human Rights Watch: "They  handcuffed me and tied me with my hands behind my knees, a wooden rod behind my  knees, and hung me from hooks on the wall, like goal posts. Then they started beating me. They got a broomstick hair [bristle] and inserted it into my penis  until there was blood coming out. Then they put tear gas powder in a cloth and  tied it round my eyes. They said they were going to shoot me unless I admitted  I was the robber. This went on for four hours."1 In another account, a thirty-six-year-old trader who was  detained at the Kano police headquarters told researchers: "Our arms were tied  with handcuffs. One at a time we were hung by a chain from the ceiling fan  hook. I was the first. They started beating me with a yam pounder, saying I  should confess for the robbery. I didn't know what they were talking about. I  was beaten, beaten, beaten. They beat my knees, the soles of my feet, my back  and my joints. This went on for twenty-five minutes. I was beaten too much. I  shit and piss while I was hanging. Then I became unconscious."2 Human Rights Watch interviews with witnesses documented  dozens of deaths as a result of injuries sustained during torture or after  summary executions. Four detainees in Kano estimated that between twenty and  forty people had died in the state police headquarters alone between early 2003  and early 2005. One witness described to researchers how police officers in Lagos shouted "rest in pieces" after shooting suspects in their custody. He explained this  was a common euphemism used by the police to signify the death of a detainee. The majority of the victims are ordinary criminal suspects,  arrested for crimes ranging from petty theft to armed robbery. Many of these  arrests were unlawful and arbitrary because the police failed to inform the  suspects of their reasons for arrest or produce evidence against them. Suspects  who claimed to be innocent told Human Rights Watch researchers that they were  arbitrarily apprehended at police checkpoints or during anti-crime patrols,  either because they happened to be in the wrong place at the wrong time or on  the basis of what the police later told them was a tip-off. Most of those  interviewed said they were tortured to extract confessions admitting to an  alleged crime and forced to sign a statement that was written or dictated by a  police officer. Many described how they signed a statement without knowing what  it said because they were illiterate or because the document was withheld from them. According to the interviews, young men aged between eighteen and  thirty-five appeared to be most vulnerable to torture and ill-treatment.  However, Human Rights Watch also documented cases of abuse against women,  children and the elderly. Human Rights Watch also investigated cases of torture and  ill-treatment against members of political organizations, particularly those  who advocate greater autonomy for a distinct ethnic, regional or religious  group. In particular, Human Rights Watch documented violations against members  of the Igbo Movement for the Actualisation of the Sovereign State of Biafra  (MASSOB). In these cases, the purpose of torture, according to the victims,  appeared to be punishment and to force them to renounce membership in the  organization. Although this report focuses primarily on torture by the  police, Human Rights Watch came across cases of torture and ill-treatment of  suspects held in the custody of other law enforcement agencies, such as the  Economic and Financial Crimes Commission (EFCC) and the National Drug Law Enforcement  Agency (NDLEA). Disregard for due process of law, which facilitates the  abuse of power, is characteristic to all the cases documented. Amongst the main  concerns identified are the failure to inform suspects of the reasons for their  arrest, lack of legal representation, prolonged pre-trial detention and  acceptance by magistrates and judges of confessions that were extracted under  torture. Impunity among those in the security forces is one of the  biggest single obstacles to the reduction of torture and other serious abuses  by police in Nigeria. Deeply engrained societal attitudes that accept police  torture and other abuses as legitimate tools to combat crime help sustain this  impunity.  For many Nigerians who have experienced decades of oppression and  brutality by military rulers, the use of violence by the institutions of the  state is accepted, even seen as normal. One female detainee who had been  brutally beaten in Lagos told Human Rights Watch: "Of course the police will  torture, that is their work. If they see suspects, they must torture."3 Even when  they know the police action was wrong, indeed illegal, those interviewed often  described feeling utterly powerless to seek redress.  The fact that in all but  a handful of cases, there was no accountability for violations committed by the  individual police officer no doubt emboldened the perpetrators and has  perpetuated the culture of violence in the Nigerian Police Force. Victims of police torture who attempt to attain  accountability face numerous obstacles. Many torture victims who had reported  their experiences to the police authorities or representatives of local  non-governmental organizations told Human Rights Watch that they later faced  intimidation, harassment and obstruction by the police. For example, two  schoolgirls who were gang raped by police in Enugu, received threatening  phone-calls from the principal accused. He told them, "If you don't drop the  case, I will deal with you and show you I am a man."4 Official channels for registering complaints, such as the  Police Complaints Bureau and the National Human Rights Commission, are acutely  under-resourced and lack political support. In addition, the failure to carry  out legally required inquests and autopsies on suspects who died in custody further impedes accountability.  In the unlikely event that a legal case is brought  against an officer, obstruction or lack of co-operation from the police and  connivance with the lower cadres of the judiciary ensure that prosecution is  rare. According to Human Rights Watch interviews with victims, human rights organizations, lawyers, government and police representatives, the end of  military rule in 1999 has unfortunately seen no successful prosecutions against  Nigerian police officers alleged to have committed torture. National efforts to reform the police have, to date, been  largely symbolic and consistently failed to prioritize human rights issues,  including torture. An ambitious new ten-point program, launched by the Acting  Inspector General of Police in January 2005, offers some hope that more  comprehensive and meaningful reform is at last being considered. A review of  the Police Act, initiated in November 2004, is also a welcome opportunity to  bring the laws governing the police into line with international standards, particularly the inclusion of a code of conduct that specifically prohibits the  use of torture. Whether the police leadership can rise to the challenge and  contest the many vested interests opposing change -- both from inside the police  force and in the wider political environment -- will depend on political and financial support from President Obasanjo and the executive branch of  government.

The international community, in particular the British and  United States governments, both of whom have since 1999 invested millions of  dollars into developing the Nigerian Police Force, must also take a stronger  stance to pressure the Nigerian government to bring about an end to the torture  of detainees, address impunity for police abuses and bring about genuine  reform. Both governments have repeatedly assured Human Rights Watch they are  voicing concerns about human rights issues with the Nigerian authorities.  However, this approach has proven to be largely ineffective as police abuses,  including routine torture, persist. Human Rights Watch calls on the British and  the U.S. governments to at the very least condition continued financial  assistance, equipment and training they are now providing to Nigerian police to  measurable decreases in abusive police practices. It also calls on the British  and U.S. governments to publicly denounce torture and killings by the Nigerian  Police Force.

 

[1] Human  Rights Watch interview, Enugu, March 4, 2005.

[2] Human  Rights Watch interview, Kano, March 2005.

[3] Human  Rights Watch interview, Lagos, March 9, 2005.

[4] Human  Rights Watch interview, Enugu, March 3, 2005

II. Recommendations

To the Nigerian federal and state governments and  the police authorities

 Publicly condemn the use of torture and ill-treatment by police  officers and other law enforcement agencies, including through a public  information campaign to increase awareness that torture is forbidden under  Nigerian and international law.

 Investigate promptly and independently all allegations of torture  and ill-treatment by police officers or other law enforcement agencies.  Identify the individuals responsible for ordering and carrying out the torture  and immediately suspend them from active duty, pending criminal prosecution.

 Ensure strict safeguards against arbitrary arrest are  incorporated into the laws of criminal procedure, the Police Act and codes of  conduct for law enforcement agencies. In particular, suspects should be informed at the time of arrest of the reason for their arrest, promptly  informed of the charges against them and due process adhered to at all times.

 Ensure that persons taken into custody are charged and brought  before a court of competent jurisdiction within twenty-four hours. Where there  is no court within a forty kilometer radius this should be within a reasonable  time, ideally forty-eight hours, as provided for in the Nigerian constitution. Immediately release or charge with a recognizable criminal offense all those  currently held in police or prison custody without charge.

 Legal representation should be mandatory for all persons charged  with capital offenses, who should be brought before a court of competent  jurisdiction without due delay and in any case within two months of arrest, as  provided for in the Nigerian constitution.

 Ensure police officers inform suspects of their right to legal  representation at the time of arrest, including through the distribution of  posters and pamphlets explaining their rights, which should be put up in all  police stations country-wide.

 Increase the resources to the Legal Aid Council to provide free  legal assistance to indigent persons.

 Ensure that all suspects in police custody are given adequate  food and water and granted access to medical treatment where required.

 Ensure that legally required autopsies are carried out for every  person who dies while in custody of any agency of the state, and make autopsy  reports publicly available. Strengthen coroners' laws to ensure stricter  penalties for failure of the police to comply with requirements for inquests  and improve witness protection for those giving information to initiate or  assist an inquest to death in custody.

 Introduce a compulsory regular reporting mechanism from  divisional police stations to the force headquarters, on complaints lodged  about abuses, including torture, killings or extortion. This should include  details of how they are being followed up and the status of investigation. The  information should be made public.

 Increase the resources and staffing of internal oversight bodies  such as Police Complaints Bureau and the Human Rights Units to investigate  allegations of police abuse. Publicize the existence of these bodies.

 Amend the Police Service Commission Act to grant the Police  Service Commission the powers to conduct independent investigation into police  misconduct of a criminal nature, including serious human rights abuses, and  make referrals to the prosecutor. Provide extra resources, including equipment, personnel and training to the commission's investigation department.

 Thoroughly review the police training curriculum to include  comprehensive training on human rights issues including legal and appropriate  interrogation techniques. Provide comprehensive training for police officers on  the conduct of investigations. All training must be consistent with  international human rights standards, such as the United  Nations Code of Conduct for Law Enforcement Officials and other international  human rights standards.

 Compensate victims of torture, ill-treatment and arbitrary  detention adequately and speedily.

 Take steps to end widespread extortion of detainees by police  officials. Thoroughly investigate all allegations of extortion by such  personnel and take appropriate disciplinary action against all those found  responsible.

 Sign and ratify the Optional Protocol to the United Nations  Convention Against Torture, allowing visits to Nigeria by the Subcommittee on  Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment of the Committee against Torture.

To the Judiciary

 Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.

 Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.

 Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention.

To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors

 Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.

 Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.

 Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.

 Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.

 The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria.
To the Nigerian federal and state governments and  the police authorities

 Publicly condemn the use of torture and ill-treatment by police  officers and other law enforcement agencies, including through a public  information campaign to increase awareness that torture is forbidden under  Nigerian and international law.

 Investigate promptly and independently all allegations of torture  and ill-treatment by police officers or other law enforcement agencies.  Identify the individuals responsible for ordering and carrying out the torture  and immediately suspend them from active duty, pending criminal prosecution.

 Ensure strict safeguards against arbitrary arrest are  incorporated into the laws of criminal procedure, the Police Act and codes of  conduct for law enforcement agencies. In particular, suspects should be informed at the time of arrest of the reason for their arrest, promptly  informed of the charges against them and due process adhered to at all times.

 Ensure that persons taken into custody are charged and brought  before a court of competent jurisdiction within twenty-four hours. Where there  is no court within a forty kilometer radius this should be within a reasonable  time, ideally forty-eight hours, as provided for in the Nigerian constitution. Immediately release or charge with a recognizable criminal offense all those  currently held in police or prison custody without charge.

 Legal representation should be mandatory for all persons charged  with capital offenses, who should be brought before a court of competent  jurisdiction without due delay and in any case within two months of arrest, as  provided for in the Nigerian constitution.

 Ensure police officers inform suspects of their right to legal  representation at the time of arrest, including through the distribution of  posters and pamphlets explaining their rights, which should be put up in all  police stations country-wide.

 Increase the resources to the Legal Aid Council to provide free  legal assistance to indigent persons.

 Ensure that all suspects in police custody are given adequate  food and water and granted access to medical treatment where required.

 Ensure that legally required autopsies are carried out for every  person who dies while in custody of any agency of the state, and make autopsy  reports publicly available. Strengthen coroners' laws to ensure stricter  penalties for failure of the police to comply with requirements for inquests  and improve witness protection for those giving information to initiate or  assist an inquest to death in custody.

 Introduce a compulsory regular reporting mechanism from  divisional police stations to the force headquarters, on complaints lodged  about abuses, including torture, killings or extortion. This should include  details of how they are being followed up and the status of investigation. The  information should be made public.

 Increase the resources and staffing of internal oversight bodies  such as Police Complaints Bureau and the Human Rights Units to investigate  allegations of police abuse. Publicize the existence of these bodies.

 Amend the Police Service Commission Act to grant the Police  Service Commission the powers to conduct independent investigation into police  misconduct of a criminal nature, including serious human rights abuses, and  make referrals to the prosecutor. Provide extra resources, including equipment, personnel and training to the commission's investigation department.

 Thoroughly review the police training curriculum to include  comprehensive training on human rights issues including legal and appropriate  interrogation techniques. Provide comprehensive training for police officers on  the conduct of investigations. All training must be consistent with  international human rights standards, such as the United  Nations Code of Conduct for Law Enforcement Officials and other international  human rights standards.

 Compensate victims of torture, ill-treatment and arbitrary  detention adequately and speedily.

 Take steps to end widespread extortion of detainees by police  officials. Thoroughly investigate all allegations of extortion by such  personnel and take appropriate disciplinary action against all those found  responsible.

 Sign and ratify the Optional Protocol to the United Nations  Convention Against Torture, allowing visits to Nigeria by the Subcommittee on  Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment of the Committee against Torture.

To the Judiciary

 Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.

 Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.

 Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention.

To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors

 Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.

 Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.

 Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.

 Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.

 The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria.
To the Judiciary

 Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.

 Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.

 Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention.

To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors

 Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.

 Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.

 Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.

 Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.

 The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria.
II. Recommendations

To the Nigerian federal and state governments and  the police authorities

 Publicly condemn the use of torture and ill-treatment by police  officers and other law enforcement agencies, including through a public  information campaign to increase awareness that torture is forbidden under  Nigerian and international law.

 Investigate promptly and independently all allegations of torture  and ill-treatment by police officers or other law enforcement agencies.  Identify the individuals responsible for ordering and carrying out the torture  and immediately suspend them from active duty, pending criminal prosecution.

 Ensure strict safeguards against arbitrary arrest are  incorporated into the laws of criminal procedure, the Police Act and codes of  conduct for law enforcement agencies. In particular, suspects should be informed at the time of arrest of the reason for their arrest, promptly  informed of the charges against them and due process adhered to at all times.

 Ensure that persons taken into custody are charged and brought  before a court of competent jurisdiction within twenty-four hours. Where there  is no court within a forty kilometer radius this should be within a reasonable  time, ideally forty-eight hours, as provided for in the Nigerian constitution. Immediately release or charge with a recognizable criminal offense all those  currently held in police or prison custody without charge.

 Legal representation should be mandatory for all persons charged  with capital offenses, who should be brought before a court of competent  jurisdiction without due delay and in any case within two months of arrest, as  provided for in the Nigerian constitution.

 Ensure police officers inform suspects of their right to legal  representation at the time of arrest, including through the distribution of  posters and pamphlets explaining their rights, which should be put up in all  police stations country-wide.

 Increase the resources to the Legal Aid Council to provide free  legal assistance to indigent persons.

 Ensure that all suspects in police custody are given adequate  food and water and granted access to medical treatment where required.

 Ensure that legally required autopsies are carried out for every  person who dies while in custody of any agency of the state, and make autopsy  reports publicly available. Strengthen coroners' laws to ensure stricter  penalties for failure of the police to comply with requirements for inquests  and improve witness protection for those giving information to initiate or  assist an inquest to death in custody.

 Introduce a compulsory regular reporting mechanism from  divisional police stations to the force headquarters, on complaints lodged  about abuses, including torture, killings or extortion. This should include  details of how they are being followed up and the status of investigation. The  information should be made public.

 Increase the resources and staffing of internal oversight bodies  such as Police Complaints Bureau and the Human Rights Units to investigate  allegations of police abuse. Publicize the existence of these bodies.

 Amend the Police Service Commission Act to grant the Police  Service Commission the powers to conduct independent investigation into police  misconduct of a criminal nature, including serious human rights abuses, and  make referrals to the prosecutor. Provide extra resources, including equipment, personnel and training to the commission's investigation department.

 Thoroughly review the police training curriculum to include  comprehensive training on human rights issues including legal and appropriate  interrogation techniques. Provide comprehensive training for police officers on  the conduct of investigations. All training must be consistent with  international human rights standards, such as the United  Nations Code of Conduct for Law Enforcement Officials and other international  human rights standards.

 Compensate victims of torture, ill-treatment and arbitrary  detention adequately and speedily.

 Take steps to end widespread extortion of detainees by police  officials. Thoroughly investigate all allegations of extortion by such  personnel and take appropriate disciplinary action against all those found  responsible.

 Sign and ratify the Optional Protocol to the United Nations  Convention Against Torture, allowing visits to Nigeria by the Subcommittee on  Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment of the Committee against Torture.

To the Judiciary

 Ensure that all defendants are informed of and understand their  right to legal representation. Trials should be adjourned to offer time to find  a lawyer.

 Limit the use of confessions as a basis for pre-trial detention  or conviction. Do not accept as evidence confessions which appear to be  extracted under torture. If a defendant alleges during the course of judicial  proceedings that he or she has been compelled to make a statement or to confess  guilt, judges should order a prompt and impartial investigation into the  allegation.

 Ensure that all defendants are brought to trial within a  reasonable time. The authorities should show special diligence in bringing the  case to trial if the accused is in pre-trial detention.

To the U.K. Department for International  Development (DFID), U.S. Agency for International Development (USAID) and  other donors

 Put human rights and the rule of law at the heart of diplomatic  relations. Publicly condemn the practice of torture and ill-treatment by the  Nigerian Police Force and urge the Nigerian authorities to take immediate steps  to investigate and prosecute members of the police force and other law enforcement agencies responsible for human rights violations.

 Governments providing assistance or training to the Nigerian  Police Force should ensure that human rights training is incorporated at all  levels and that mechanisms are put in place to monitor whether police officers  adhere to them in practice.

 Fund local NGOs to improve the monitoring and documenting of  police abuses and to undertake advocacy at a national level.

 Condition further financial assistance, equipment, training or  other aid to the police or other law enforcement agencies such as the EFCC or  NDLEA on concrete measures to prevent and end impunity for torture. This should  include the investigation of reported torture cases, the suspension of officers alleged to have committed torture, and prosecution of those against whom there  is substantial evidence.

 The Special Rapporteur of the United Nations Commission on Human  Rights on the question of torture and the African Commission "focal point" on  Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in  Africa should request permission to visit Nigeria and prepare a report on torture and ill-treatment for their mandating bodies, with recommendations to  the government of Nigeria.

III. Methods

This report is based on research conducted by Human Rights  Watch in Nigeria in March 2005. Researchers interviewed fifty current or former  detainees in Enugu in the south-east, Lagos in the south-west and Kano in the north, all of whom alleged they had been tortured in the custody of police or  other law enforcement agencies within the last four years. Twenty-nine of those  interviewed were in prison of whom three had been convicted after having stood  trial, and the remainder awaiting trial.

The main focus of this report is the treatment of ordinary  criminal suspects, who made up the majority of those interviewed. However,  those interviewed also included seven people arrested for membership of a  self-determination group. In addition to interviews with victims of torture,  Human Rights Watch visited four police stations and met police authorities at  the state and federal levels. Researchers also met state government officials,  Nigerian human rights groups and lawyers.

This report aims to demonstrate clear patterns of torture  and deaths in custody by the police in Nigeria today, examine the factors that  facilitate this, and discuss the response of the police authorities and international community to the problem. This report does not claim to be a  comprehensive study of police torture in all parts of the country; rather it  focuses on a limited number of locations and cases from the last four years.  This research confirms patterns documented by Human Rights Watch and local non-governmental organizations in previous years which suggest that police  torture and deaths in custody are widespread problems across Nigeria, which have existed for decades.

Human Rights Watch was able to document cases of police  torture and deaths in custody in seven of Nigeria's thirty-six states and in  the federal capital territory. The locations of Enugu, Lagos and Kano were chosen to reflect the geographical, ethnic and religious balance of Nigeria. In the course of the research, Human Rights Watch also gathered testimony from  individuals alleging torture or ill-treatment by police in the states of  Anambra in the south-east, Benue in central Nigeria, Imo in the south-east, Katsina in the north, and the federal capital, Abuja.

In the context of this research, Human Rights Watch came  across many other allegations of serious violations by the police, including  extortion, arbitrary arrest, excessive periods of pre-trial detention, and extra-judicial executions, illustrating the deep-rooted problems that exist  within the police and judicial system in Nigeria. Human Rights Watch has in the  past reported on these concerns and continues to raise them with the Nigerian  authorities. 5

 

[5] See for  example, Human Rights Watch, "Revenge in the Name of Religion: The cycle of  violence in Plateau and Kano States," May 2005, and "Renewed Crackdown on  Freedom of Expression," December 2003, "'The Miss World riots': Continued  Impunity for Killings in Kaduna," July 2003, and "Jos, A City Torn Apart,"  December 2001. All Human Rights Watch's reports on Nigeria are accessible on  the Human Rights Watch website: www.hrw.org

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IV. Background: Attitudes Towards Policing

History of Policing in Pre-Colonial and Colonial Nigeria

Prior to the onset of colonization by the British in 1861,  traditional African policing methods were rooted in the community and closely  interlinked with social and religious structures. The enforcement of traditional customs and beliefs was carried out by community structures such as  age grades (formal organizations whose membership is based on pre-determined  age range), secret societies or vocational guilds (for example, of hunters,  farmers or fishermen). Through these diffuse systems of crime control, law and  order was maintained, largely without the use of violence.6

As the British sought colonial expansion across the territories  known today as Nigeria, they established local, decentralized police forces.  The first such force was created to police the Lagos colony in 1861. Subsequent  constabularies were formed in what became the northern and southern  protectorates. The composition of these police forces varied depending on  location. For example, in the Lagos colony a deliberate strategy utilized  officers from the linguistically and culturally distinct Hausa ethnic group from the north of the country. This practice appeared to alienate the police  from the local community they were employed to control. By contrast in the  northern Nigerian protectorate a system of indirect rule depended on the Hausa  chiefs and emirs, and thus the emir's existing police system was strengthened.7

The primary purpose of the police during this time was to  advance the economic and political agenda of the colonizers. In many areas, the  police engaged in the brutal subjugation of communities and the suppression of  resistance to colonial rule. The use of violence and repression from the  beginning of the colonial era, marked a dislocation in the relationship between  the police and local communities, which has characterized law enforcement  practices in Nigeria ever since.8

In 1930, the northern and southern police forces merged into  the first national police force -- the Nigerian Police Force -- headed by an  Inspector General of Police. The following years saw further changes in the  organization of the force, such as the introduction of regional commands to  reflect the federalism of Nigeria. Responsibility for maintaining law and order  was now shared by federal and regional governments. The same basic structure  was retained after Nigeria gained independence from the British in 1960. By  this time, public perceptions of the police were firmly grounded in their experience of the use of the police force to extend colonial domination, for  example, in the suppression of demonstrations from the late 1920s, workers  strikes in the 1940s and communal violence from the 1950s.9 Post independence,  successive military regimes used the police to enforce authoritarian rule, further entrenching a culture of violence and inhibiting the development of  democratic institutions, founded on the rule of law.10

For decades the police in Nigeria have betrayed their  responsibility to protect Nigerian citizens and have instead preyed on them for  economic gain. Indeed, the relationship between citizens and the police is very  often characterized by brutality, confrontation and exploitation. Research  conducted in 2000 by the Centre for Law Enforcement and Education (CLEEN), a Lagos based NGO, found that the use of violence by the police against citizens in Nigeria was widespread. Of  637 respondents to a survey carried out in fourteen states,  14.8 percent said they had been beaten by the police, 22.5 percent said police  had threatened to shoot them in the past, and 73.2 percent said they had  witnessed the police beating another person. A sample of 197 prison inmates,  revealed higher figures of police abuse; 81 percent of respondents said they  had been beaten or slapped and 39 percent burnt with hot objects.11

Patterns of police killings and excessive use of force have  been documented by other local and international human rights organizations.12 Local  organizations and the media have reported circumstances in which police obliged  motorists stop at checkpoints and then shot those who refuse to pay bribes of  as little as twenty naira (US$ 0.15).13  For the average Nigerian, encounters with the police are negative and public  confidence in the force is extremely low. 14

A combination of factors has contributed to this situation.  Firstly, like many government institutions, a history of neglect has left the  Nigerian Police Force under-resourced.15 Since 1999 the government has sought to  address this by progressively increasing the federal allocation to the force.  In 2003 this was 8.3 billion naira (US$ 63 million) for capital expenditure.16 Despite  these increases, a Nigerian police reform expert explained to Human Rights  Watch that poor budgetary planning and processes mean funds are misspent or  wrongly allocated. The centrally planned budgeting process allows little input from state and divisional commands and so often their most basic resource needs  are not met.17

At a practical level, this has affected the physical  infrastructure of the force. When Human Rights Watch researchers visited police  stations in Lagos, Kano and other parts of the country they observed poorly maintained buildings, with an intermittent power supply and lacking basic  office equipment such as telephones, computers or filing cabinets. 18

Like many other state employees in Nigeria, police officers are poorly trained, ill-equipped and poorly remunerated. The average  take-home salary for a constable is approximately US$ 61 per month, slightly less than the average wage for a schoolteacher which is approximately US$ 77  per month. Indeed partly because of their poor pay and conditions, corruption  within the force is rampant as the lower cadres try to supplement their meager  incomes. At the other end of the scale however, is a more gratuitous form of  corruption, appeared to be motivated purely by greed.19 This extends to the very  highest levels, allegedly including the former Inspector General of Police who  in January 2005 resigned and was subsequently accused of stealing US$ 98  million of public funds.20

Rising poverty, high unemployment and the breakdown of  traditional social structures have led to an upsurge of violent crime in recent  years which the Nigerian police have been ill-equipped to address.21 Official  crime statistics, compiled by the police, show that reported incidents of  murder across the country increased from 1,629 in 1994 to 2,136 in 2003.  Incidents of armed robbery increased from 2,044 in 1994 to 3,497 in 2003. 22 While crime  trends are notoriously difficult to analyze or interpret, it is apparent that  the public perception is that crime rates in Nigeria are extremely high,  particularly armed robbery.23  Crime rates and the perception of crime have been exacerbated by the high proliferation of small arms throughout the country. Fully and semi-automatic  rifles, shotguns, machine guns and shoulder fired rockets are readily available  for purchase in parts of the Niger Delta.24  Many of these weapons are smuggled  through Nigeria's porous borders from neighboring conflicts in west and central  Africa. Others are stolen or purchased from the security forces. 25

The police have often been unable to meet the safety and  security needs of local communities and are often overpowered by well-armed and  often violent criminals. According to Nigerian police reform experts, the  police force has insufficient well-trained manpower to adequately address  policing needs. The loss of public confidence in the effectiveness of the  police has resulted in the emergence of private security outfits and local  vigilante groups, the most notorious of which include the Bakassi Boys in the south-eastern  states, but also extends to hundreds of smaller groups across the country.26

Since 1999 numerous special police units have been created  to address the problem of rising crime. These include the Rapid Response Squad,  Operation Sweep, and the Special Anti-Robbery Squad (SARS), some of which are  the perpetrators of torture as documented by Human Rights Watch in this report.  On his inauguration in 2002, former Inspector General of Police Tafa Balogun  established a federal anti-crime task force known as "Operation Fire-for-Fire."  As part of this operation, Balogun announced in the national media and on  promotional posters, that there would be "[a] massive onslaught against armed robbery, gruesome murder, assassinations and other violent crimes."27 He  instructed officers "[to] conduct aggressive stop and search operations by  carrying the battles to bank robbers. This would involve raiding all known and  suspected black spots, flash points and other criminal hideouts."28

In October 2002, the Inspector General of Police appeared to  effectively give his officers instructions to use deadly force if police  stations or barracks were attacked. According to media reports, this was in response to violent protests against police abuses at a number of stations and  barracks across the country. During an address to his officers he told them,  "You have the fundamental right to defend your barracks. Any mob that attacks  the barracks should be shot." He went on to imply that they would be immune to  prosecution for anyone killed in the course of a confrontation: "You have the  right to defend your selves. This is my slogan. It is time for fire-for-fire.  Start now to rise up to the occasion as we will praise you, not blame you."29 Local and  international observers note that not only has this confrontational response  failed to significantly reduce incidents of violent crime, but the Nigerian  Police Force is often accused of the disproportionate use of force in their  fight against criminal activity.30

The force headquarters regularly publish statistics  detailing the number of armed robbery suspects arrested or killed in  confrontations with the police. For example, in March 2005, the Acting  Inspector General of Police announced that twenty-two "armed robbers" were  killed during gun battles with the police in February and March 2005. 31 However,  there appears to be a large discrepancy between the total number of weapons  recovered and the total number of armed robbery suspects arrested or killed. While it is not implausible that some of these may have been lost or stolen,  the discrepancy is so great it raises troubling questions that force may have  been used disproportionately.  When Human Rights Watch met the former Inspector  General in 2004, he presented a chart detailing crime statistics which revealed  that in 2003 the police killed 3,100 "armed robbers" in gun battles, arrested  8,300 armed robbery suspects, and recovered a total of 3,451 fire arms. The  statistics also show that the ratio between the number of suspects arrested and  the number killed is extremely low and appears to be diminishing year by year.  In 2000 there were approximately five arrests for one killing. In 2003 this  ratio had dropped to just three arrests for each killing. The chart is  reproduced on the opposite page:

2000

2001

2002

2003

Jan-March 2004

Armed robbery suspects arrested

4,341

5,252

7,048

8,300

476

Armed robbers killed in combat

834

821

2,021

3,100

422

Fire arms recovered

928

1,013

3,150

3,451

300

Ammunition recovered

12,321

13,452

21,086

30,653

8,308

Stolen vehicles recovered

579

603

953

1,220

175

Policemen killed in operation

33

23

172

58

28

Table 1:  "Crime Statistics from 200-February 2004," chart  presented to Human Right Watch by Inspector General of Police, Abuja, July 2004.

The term "armed robber" has become part of the national  lexicon and is frequently used by Nigerians to refer to any person suspected of  any form of criminal activity, regardless of whether they were carrying a  weapon. For those individuals labeled "armed robbers" there is often an  automatic presumption of guilt, which, according to those interviewed by Human  Rights Watch, served as a justification for unlawful detention, torture and  killing. The U.N. Special Rapporteur on extrajudicial summary or arbitrary executions commented during a visit to Nigeria in July 2005, "While I do not  for a moment under-estimate the scourge of armed robbery which plagues too much  of Nigeria, there is no doubt in my mind that the label of armed robbers is  very often used to justify the jailing of innocent individuals who have come to  the attention of the police for reasons ranging from a refusal to pay a bribe  to inconveniencing or insulting the police or some general offence against  public order."32

Once arrested, armed robbery and other criminal suspects are  frequently paraded before journalists in order to illustrate the success of  anti-crime operations, thus appearing to label them guilty prior to a trial  before a court. For example, at a Lagos press conference in October 2002, the  state commissioner of police paraded ninety-three suspects accused of armed  robbery, and announced this as "the fruits of the efforts of Operation  Fire-for-Fire to fight crime and check criminals."33  In October 2004, the  local media reported that fourteen crime suspects were paraded before  journalists at the federal capital territory police command in Abuja.34

This has, on numerous occasions, also extended to the public  display of the dead bodies of "armed robbers" at police press conferences. For  example, in August 2004 a national newspaper reported that the Bauchi State police command had shot dead thirteen suspected armed robbers as part of a  renewed anti-crime campaign. The paper described how the corpses of eight  suspects were paraded at a press conference at the state police headquarters as  evidence of the police authorities' "war against armed robbers." 35

The police have been instructed with orders to use lethal  force while maintaining law and order at public demonstrations and during  inter-communal conflict, which has on several occasions led to the disproportionate  use of force against unarmed demonstrators. For example, during nationwide  protests against an increase in the price of fuel in July 2003, large numbers  of police were deployed to the streets of Lagos and other major towns and  cities. According to a witness to a telephone conversation between a senior  federal police official in Abuja and the Commissioner of Police for Lagos State, the authorization to shoot protestors on sight was given from the police  headquarters.36  As policemen violently broke up demonstrations using tear gas and live bullets  at least twelve and possibly more than twenty people were killed.37 Similarly,  during large scale rioting between Christians and Muslims in Kano in May 2004,  dozens of people were killed by police and the military which had been publicly  given orders to shoot on sight to quell the violence. 38

Structure and Organization of the Nigerian Police  Force

The Nigerian Police Force is a centralized and federally  administered institution. It is headed by an Inspector General of Police  appointed by and accountable to the President. The constitution vests the overall operational control of the force in the hands of the President. Section  215 (3) states: "The President or such other Minister of the Government of the Federation  as he may authorize in that behalf may give to the Inspector-General of Police  such lawful directions with respect to the maintenance and securing of public  safety and public order as he may consider necessary, and the Inspector-General  of Police shall comply with those direction or cause them to be compiled with."39 This is  further codified in the Police Act which states: "The President shall be  charged with operational control of the Force" and that "the Inspector-General  shall be charged with the command of the force subject to the directive of the  President." 40

A system of patronage, where individuals are favored by the  government in return for their support, appears to extend to the middle ranks  and has led to accusations that the police function as a tool of the ruling  party. There are numerous examples of this documented by Human Rights Watch  including the use of the police to harass journalists, protestors, and members  of groups opposing government policies.41 In addition, during Human Rights Watch  research on political violence around the 2003 elections, it was widely alleged  by human rights groups that the police were given orders by the ruling People's  Democratic Party (PDP) at the highest level to turn a blind eye to incidents of  fraud and electoral malpractice in their favor. In Anambra State, where there has been serious political infighting within the PDP since 2003, a  detachment of police was involved in the attempted abduction of the state  governor in July 2003.42

Each of the thirty-six states and the federal capital  territory is served by a unit called a command, under a state commissioner of  police. Three or four state commands are grouped together to form one of twelve  zones, each under an Assistant Inspector General. State commands are divided  into smaller area commands, below which are divisional police stations, headed  by a Divisional Police Officer (DPO) and finally local police posts.43 The force  size currently stands at approximately 325,000 officers. With an overall  population of roughly 130 million people, this is a ratio of one officer to  every 400 Nigerians. This compares with similar ratios in South Africa and the United Kingdom.44

As a federal institution, the Nigerian Police Force recruits  officers from across the country. New recruits are posted to any one of the  thirty-six state commands. Under a strict system of rotation officers are transferred to a new post every few years and therefore communities are policed  by officers who may be from different ethnic or religious backgrounds to their  own.

Serving alongside the regular police force are the Mobile  Police, an especially trained anti-riot unit, numbering approximately 30,000  officers. Known locally as MOPOL, they were originally created to contain civil  disturbance or large-scale conflict but today are also deployed to carry out  various other policing duties. The Mobile Police operate under a parallel  authority structure with forty-six squadrons, organized into state and zonal  commands and headed by a commissioner of police at the force headquarters.

Several other national agencies carry out law enforcement  functions and have the power to arrest and detain suspects, some at their own  detention facilities. These include the National Drug Law Enforcement Agency  (NDLEA), the Customs and Immigration Service and the Economic and Financial Crimes Commission (EFCC), a body established in 2002 to investigate a range of  financial crimes such as money transfer fraud and money laundering. In  addition, there are two principal intelligence agencies: the State Security  Service (SSS) and the Directorate of Military Intelligence (DMI), dealing with  criminal matters affecting the security of the state.

 

[6] Akin Ibidapo-Obe, "Police Brutality: Dimensions and Control in Nigeria," in Civil Liberties Organisation, Law Enforcement and Human Rights in Nigeria (Lagos, 1994), and Human Rights Practices in the Nigerian Police Force,  Constitutional Rights Project, (Lagos, 1993). For a detailed history of the  police in Nigeria see, T. Tamuno, The Police in Modern Nigeria,  (University Press Ibadan, 1970).

[7] Human Rights Practices in the Nigerian Police Force, Constitutional Rights Project, (Lagos, 1993) and

T. Tamuno, The Police in Modern Nigeria, (University Press Ibadan, 1970).

[8] Innocent  Chukwuma, "Police Transformation in Nigeria: Problems and Prospects," paper  presented at conference on Crime and Policing in Transitional Societies,  Konrad Adenaeur Stiftung, in conjunction with the South African Institute for  International Affairs, University of Witswatersrand, Johannesburg, September  2000.

[9] T. Tamuno, The Police in Modern Nigeria, (University Press  Ibadan, 1970), and Etannibi Alemika and Innocent Chukwuma, "Analysis of  Police and Policing in Nigeria: A desk study on the role of policing as a  barrier to change or driver of change in Nigeria," prepared for the Department  For International Development, 2004.

[10] For  details of human rights violations perpetrated by the police, military and  other security forces during the periods of military rule in Nigeria, see Human  Rights Watch, "The Ogoni Crisis: A Case Study of Military Repression in  Southeastern Nigeria," July 1995, and "Permanent Transition: Current Violations  of Human Rights in Nigeria," September 1996, and "Situation of Human Rights in  Nigeria, Report Submitted by the Special Rapporteur of the Commission for Human  Rights, Mr. Soli Jehangir Sobabjee pursuant to commission resolution 1997/53,"  E/CN.4/1998/62, and "The Human Rights Violations Investigation Commission  Report," by Hon. Justice Chukwudifu A. Oputa, found at www.oputapanelreport.org

[11] Etannibi  Alemika and Innocent Chukwuma, Police Community Violence in Nigeria, Centre for Law Enforcement Education, Lagos, February 2000 .

[12]  "Impunity in Nigeria, Reports of extra-judicial, arbitrary and summary  executions in Nigeria, December 2001-December 2003," LEDAP, May 2004, and "Nigeria: Security forces constantly fail to protect and respect human rights," Amnesty  International, 2003.

[13] For  example, "Shot to death," in The Educator, official newsletter of the Civil  Liberties Organization, July-September 2004, and "Nigerian Police slay driver,  triggering riot in south-west," Associated Press, January 14, 2005,  "Police  Kill 9, Arrest 2," This Day, October 21, 2004, "Nigerian  police kill 3 over 15-cent bribe," PANA, August 18, 2004.

[14] See also  Etannibi Alemika and Innocent Chukwuma, Police Community Violence in  Nigeria, Centre for Law Enforcement Education, Lagos, February 2000, and  "Abusers not protectors -- how Nigerians view their police force," IRIN, May  24, 2005.

[15] Human  Rights Watch interview Lagos, March 7, 2005, telephone interview, May 23,  2005,  and Etannibi Alemika and Innocent Chukwuma, "Analysis of Police and  Policing in Nigeria: A desk study on the role of policing as a barrier to  change or driver of change in Nigeria", prepared for the Department for  International Development, 2004.

[16] Human  Rights Watch telephone interview with senior staff of the Police Service  Commission, May 23, 2005.

[17] Human  Rights Watch telephone interview, June 24, 2005.

[18] See  also, "Report of the Police Station Visitor Walkthrough Survey Conducted on October 29-31, 2003 by Centre for Law Enforcement Education (CLEEN), Lagos, Nigeria."

[19] Etannibi  Alemika and Innocent Chukwuma, "Analysis of Police and Policing in Nigeria: A desk study on the role of policing as a barrier to change or driver of change in Nigeria," prepared for the Department for International Development, 2004.

[20] See for  example, "Nigeria's ex-police chief charged with 100 million dollar swindle,"  Agence France-Presse, April 4, 2005.

[21] Kole  Settima and Innocent Chukwuma, " Crime and Human Rights in Nigeria," paper presented at The International Council on Human Rights Policy,  Crime, Public Order and Human Rights Project Review Seminar, Carnegie Council  on Ethics and International Affairs, New York, October 21-22, 2002.

[22] The  police crime statistics can be found at www.cleen.org. The  absence of reliable and independent crime statistics has made it difficult to  quantify or analyze crime trends in Nigeria. Official crime statistics, which  have only recently been recorded, are unreliable because they present only  those crimes officially reported to the authorities and records may be  manipulated to satisfy political interests.

[23] The  Nigerian NGO, the CLEEN Foundation, in collaboration with the Federal Office of  Statistics, has recently undertaken one of the first crime and victim surveys  in Nigeria. "Criminal Victimization and Fear of Crime in Lagos State: A report of the Lagos Crime Victimization Survey, 2004" can be found at www.cleen.org

[24] See  Human Rights Watch, "The Warri Crisis: Fuelling Violence," November 2003, pp  24-26.

[25] Human  Rights Watch, "The Warri Crisis: Fuelling Violence," November 2003, and "Rivers  and Blood: Guns, Oil and Power in Nigeria's Rivers State," a Human Rights Watch  briefing paper, February 2005. See also, International Alert, "Small Arms  Control in Ghana, Nigeria and Senegal," March 2004.

[26] The  Bakassi Boys were formed by traders in the south-eastern market towns of Onitsha in Anambra State and Aba in Abia State in 1998 to combat armed robbery. At their  height in 2001-2002, the Bakassi Boys were also active in Imo State and carried out vigilante activities with the support and encouragement of state  governments. The Bakassi Boys have been responsible for widespread human rights  abuses including extra-judicial killings, torture and arbitrary detention. Due  to public condemnation of their methods, the federal government took steps to  disband the group in 2002. For further information on the Bakassi Boys, see  Human Rights Watch/CLEEN report, "The Bakassi Boys: The Legitimization of  Murder and Torture," May 2002.

[27] Nigerian  Police Force promotional poster detailing Tafa Balogun's Eight Point Strategy  for crime control and "IG to Reposition Police," Vanguard, April 16,  2002.

[28] "IG Gives  Fresh Directives on Fire for Fire," This Day, April 17, 2002.

[29] "IG to Policemen: Shoot Arsonists at Sight," This Day, October 18, 2002, and "Nigerian police boss orders protestors shot  on sight," Agence France-Presse, October 18, 2002.

[30] "Human  Rights Group criticizes Fire-for-Fire," Daily Trust, April, 2002, "Student  shootings spark concern over Nigerian police tactics", Agence France-Presse,  June 24, 2002, and U.S. Department of State, Nigeria Country Report on Human  Rights Practices in 2002, 2003 and 2004.

[31] "Nigeria cracks down on banditry," Xinhua news agency, March 31, 2005.

[32]  "Press  Statement, by Professor Philip Alston, Special Rapporteur of the United Nations  Commission on Human Rights on extrajudicial, summary or arbitrary executions,"  Abuja, 8 July 2005.

[33] "Police  Kill 25 Robbers, Arrest 93," This Day, October 25, 2002.

[34] "Police  Kill Three, Parade 14 Crime Suspects," P.M. News, October 7, 2004.

[35] See for  example, "Police Kill 13 Bandits in Bauchi," This  Day, August 14, 2004.

[36] Human  Rights Watch interview, Abuja, July 20, 2003.

[37] For  further details of the police response during the July 2003 demonstrations see  Human Rights Watch report, "Renewed Crackdown on Freedom of Expression",  December 2003, pp 7-13.

[38] Human  Rights Watch, "Revenge in the Name of Religion: The cycle of violence in  Plateau and Kano States," May 2005, and "Shoot-on-sight order in Kano as death toll hits 30," Vanguard, May 13, 2004.

[39]  Constitution of the Federal Republic of Nigeria, 1999, section, 215 (3).

[40] Police  Act, 1990, Section 9(4) and (5).

[41] See  Human Rights Watch, "Renewed Crackdown on Freedom of Expression," December  2003.

[42] See for  example, "Anambra: Police Commission to Review Officers' Conduct," This Day,  November 29, 2004, and "Anambrassment and Police Double Standards," Vanguard,  November 19, 2004.

[43] For  further information see www.nigeriapolice.org

[44] In South  African the police/population ratio is 1: 404 and in the UK 1: 412. Information taken from www.saps.gov.za and  www.centrex.police.uk

XII. Conclusion

Six years after the end of military rule in Nigeria, the brutal techniques long employed by law enforcement agencies have not abated.  The testimonies of the victims interviewed, in particular their acceptance of police  brutality, illustrate a deeply embedded culture of violence that stems from the  use of the police as a tool of control and oppression by colonial and military  rulers alike. President Obasanjo's government has done little to change this  culture. Impunity for torture and other abuses continues to embolden the  perpetrators while internal and external oversight bodies within the police force are poorly funded and staffed. This serves to discourage victims from  seeking accountability for the abuses they have suffered.  Meanwhile, police  reform initiatives have failed to prioritize human rights protection and ensure  there are adequate mechanisms to meaningfully address torture and deaths in custody.
The Nigerian President and Inspector General of Police must  take concrete steps to show they are serious about eradicating torture in Nigeria. Ending police abuses and implementing meaningful reform must be approached with  the same zeal as the government's anti-corruption crusade. Only with federal government support for genuine police reform and a nationwide public awareness  campaign against police abuses can attitudes towards police brutality be  changed. Thorough and independent investigations of all allegations of torture  must be conducted and steps taken to ensure criminal prosecution of the  perpetrators and justice for the victims and their families.

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