Criminalising Acts Of Torture

The Convention against torture is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of crude, inhuman, or degrading treatment or punishment around the world. The Convention requires states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids states to transport people to any country where there is reason to believe they will be tortured. This Convention came into force on the 26th of  June 1987. As of August 2017, the convention has 162 state parties. Under the Geneva Convention, torture means any act by which severe pain or suffering, whether physical or mental, is internationally inflicted on a person for such purpose as obtaining from, or a third person, information or a confession, punishing him for an act he or a third person has committed.
No government can claim a perfect record in the area of prohibition of torture. Abuses occur, despite the best precautions and strictest prohibitions. Within Nigeria, there are instances of police abuse, excessive use of force and even brutality of prisoners in custody, as a result of torture. This is not peculiar to Nigeria but all around the world. For instance in the United States, there was a widely publicized  case of a Haitan immigrant, Abner Louima who was brutalized by New York City Policeman after being taken into custody. Also overcrowding in the prison system, lack of adequate training and oversight of police and prison guards is responsible for the torture most inmates go through. Unfortunately there is no single legislature in Nigeria criminalising or defining torture. Unlike in the United States where it constitutes a serious criminal offence, subjecting the perpetrators to prosecution and entitling the victims to various remedies, including rehabilitation and compensation. There are federal laws criminalizing torture in the United States, for instance the war Crimes Act punishes any grave breach of the Geneva conventions as well as any violation of common Article 3. That includes torture. In Filartiga V. Pena-Irala, the second circuit declared the prohibition against torture is universal, obligatory, specific and definable. Since then every U.S circuit court has reaffirmed that torture violates universal and customary international law.
The Nigerian law reform commission has taken a giant stride in the completion of the reform of the Police Powers of Arrest, search and Detention Criminalising Acts of Torture, Cruel, Inhuman or Degrading Treatment or Punishment. By this proposed legislation, if passed into law. The Federal Government will be fulfilling its international obligations, including compliance with the United Nations Convention Against. Torture and optimal protocol   on torture. As we await the passing of this bill into law, it is my utmost desire and appeal, that our law enforcement agencies will maintain the best practice internationally of obtaining information without torture.

Nkechi Bright-Ewere