Detention in general
Australian Government, Department of Foreign Affairs and Trade, DFAT Country Information Report:
Nigeria (9 March 2018) […+ 2. Background information
*…+ Detention and Prison
5.19 The International Committee for the Red Cross (ICRC) is able to access detention facilities in order to observe conditions. No external organisations have been able to access military detention facilities in the northeast.
The government has taken steps to improve detention conditions. The NHRC [National Human Rights Commission] monitors prisons and provides an annual audit on human rights concerns;
however, the last audit report made public was 2012. The government has demonstrated a willingness to investigate allegations but reportedly receives very few complaints for investigation.
*…+ (p. 31)
Vanguard, NHRC begins audit of police detention cells in Nigeria (14 June 2018)
Abuja – The Inspector-General of Police, Ibrahim Idris has approved the request of the National Human Rights Commission (NHRC) to commence an independent audit of detention cells in all police commands and formations in Nigeria including those of the Special Anti-Robbery Squad (SARS).
A statement by the Public Compliant Rapid Response Unit of the Police (PCRRU) said “These visits will enable the NHRC oversee the human rights situation of detainees as well as undertake general audit of the state of police detention facilities (cells) in the country.
“This exercise is part of the NHRC 2018 audit of police detention centers in Nigeria. “The NHRC was established by the National Human Rights Commission (NHRC) ACT, 1995 as amended to deal with all matters relating to promotion, protection and enforcement of human rights in Nigeria. *…+
National Human Rights Commission, NHRC Commences Nationwide Audit of Detention Centres (21 June 2018)
The National Human Rights Commission (NHRC) will commence a nationwide audit of detention centres beginning this month of June.
The Executive Secretary of the Commission, Tony Ojukwu Esq disclosed this in Yola, Adamawa state at a midterm review meeting of the NHRC/UNHCR/IDP Protection Monitoring Project.
The NHRC boss said the exercise is in fulfillment of the Commission's mandate to ensure that detention facilities across the country are run in line with the applicable Nigerian Constitutional requirement and in accordance with the UN Minimum Standards for detention centers.
He said detention centers to be audited during the exercise would include those under the control of the Prisons, Police, SSS [State Security Service] and the Military. He stated further that arrangements are being put in place for the audit of other detention centers in the control of other law enforcement agencies like the NDLEA [National Drug Law Enforcement Agency], NSCDC [Nigeria Security and Civil Defence corps], Customs, Environmental or Traffic Enforcement Agencies at both the State and Federal levels.
The NHRC CEO also emphasized that under section 6(1) (d) of National Human Rights Commission Amendment Act 2010, the Commission is empowered to:
"Visit prisons, police cells and other places of detention in order to ascertain the conditions thereof and make recommendations to the appropriate authorities"
He added that in order to improve access, promote harmonious and cordial relationship with other arms of government, the NHRC as a matter of courtesy, informs any sister agency of an impending audit visit within a time frame.
He said the essence of this is to ease logistics for both the visiting NHRC staff and those Law enforcement officers responsible for keeping the detention centers. This practice has been on since the passage of the NHRC Amendment Act of 2010 he added. *…+
United Nations General Assembly, Human Rights Council, Fortieth session, Report of the Working Group on the Universal Periodic Review: Nigeria (25 February–22 March 2019)
[…+ I. Summary of the proceedings of the review process A. Presentation by the State under review
[…+ 11. Since the previous review, a number of initiatives had been taken to improve the effectiveness, accessibility, accountability, transparency and fairness of the justice system. They included the development of the justice sector reform action plans, a national legal aid strategy, a national policy on prosecution and a code of conduct and prosecutorial guidelines for federal prosecutors, the establishment of judicial research and a simplified court users’ guide.
[…+ 15. The Presidential Committee that had been constituted to investigate allegations of violations of human rights by the military during internal security operations had submitted its report to the Government. Steps were being taken to address the recommendations in the report. Furthermore, in 2018 a special investigation panel had been established to investigate allegations of human rights violations by the Special Anti-Robbery Squad and other special units of the Nigeria Police Force.
[…] 19. With regard to the killing in 2015 of members of the Islamic Movement in Nigeria, the Kaduna State Government had undertaken investigations with the military and a government white paper has been issued. The alleged perpetrators would be tried through the robust military justice system.
[…+ 23. The federal Government had put in place a national working group on human rights treaty reporting, which assisted with reporting to several United Nations treaty monitoring bodies and with monitoring implementation of accepted recommendations. […+ (pp. 3-4)
United States Department of State, Bureau of Democracy, Human Rights and Labor, Country Reports on Human Rights Practices for 2018: Nigeria (13 March 2019)
*…+ Prison and Detention Center Conditions
*…+ The NHRC [National Human Rights Commission] conducts prison audits. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, however, the NHRC has not publicly released an audit report since 2012. In June the NHRC announced it was beginning a nationwide audit of all detention facilities. As of October [2018] the audit was not complete.
Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons through the Federal Government Prison Decongestion Program.
Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention, Nigerian Prisons Services (NPS), and some military detention facilities. (p. 10)
Protection Group Working Sector, Nigeria, 2018 Annual Report (14 August 2019)
*…+ Protection
*…+ 15,068 persons were reached with legal aid and services, including on housing, land and property issues. Such interventions include legal representation in court and legal counselling, through visits to detention facilities including police/prison visits and mobile courts within two IDP camps to bring justice closer to the people.
*…+ A total of 690 children and adults (200 female, 490 male) associated with armed groups were released from administrative detention in 2018; a total of 833 (139 girls, 694 boys) were formally handed over by the Civilian Joint Taskforce (CJTF) to their families and relatives. *…+
ICRC, ICRC in Nigeria: Facts & Figures, January - June 2019 (5 September 2019)
*…] DIGNITY OF DETAINEES
Detainees in general, and detainees arrested in connection with the armed conflict or other situations of violence, are regularly visited by ICRC staff, who engage with them in private. The ICRC maintains a confidential and bilateral dialogue with the detaining authorities on issues related to their living conditions and treatments, using notably the Nelson Mandela Rules as reference. These visits also allow detainees to maintain or re-establish links with their family through the Red Cross messages.
22,400 DETAINEES VISITED
22,400 detainees were visited in 21 places of detention, including over 7,200 who have been follow-up individually. 37 detentions visits have been carried out.
1,600 Red Cross Messages exchanged in detention. *…+
Special Anti-Robbery Squad (SARS)
Vanguard, NHRC begins audit of police detention cells in Nigeria (14 June 2018)
Abuja – The Inspector-General of Police, Ibrahim Idris has approved the request of the National Human Rights Commission (NHRC) to commence an independent audit of detention cells in all police commands and formations in Nigeria including those of the Special Anti-Robbery Squad (SARS).
A statement by the Public Compliant Rapid Response Unit of the Police (PCRRU) said “These visits will enable the NHRC oversee the human rights situation of detainees as well as undertake general audit of the state of police detention facilities (cells) in the country.
“This exercise is part of the NHRC 2018 audit of police detention centers in Nigeria. “The NHRC was established by the National Human Rights Commission (NHRC) ACT, 1995 as amended to deal with all matters relating to promotion, protection and enforcement of human rights in Nigeria. *…+
Military
Vanguard, Alleged sexual abuse by troops: DHQ tackles Amnesty International (30 April 2019) THE Defence Headqarters, DHQ, has denied report of alleged sexual assault in some prisons in the North East by troops as reported by the Amnesty International, insisting that the allegation was not only baseless but also unfounded.
The DHQ said the AI's recent allegation that its investigation has revealed sexual assaults in detention facilities at Giwa Barracks Maiduguri and the Maiduguri Maximum Security Prison was
“only a rehash of its characteristic unfounded and ill-conceived accusations against the Armed Forces of Nigeria, AFN.
To this end,the DHQ,in a statement by the acting Director of Defence Information, Col. Onyema Nwachukwu, yesterday appealed “to members of the public and the international community to discountenance AI's malicious report and continue to give requisite support to the AFN in the fight against terrorism, insurgency and other forms of criminality in the country.”
The statement, tagged: “Amnesty International false report on sexual violation by troops in the North East,” read: “The Defence Headquarters has taken note of yet another ill-conceived report by Amnesty International (AI) aimed at disparaging the Armed Forces of Nigeria (AFN) in the fight against terrorism and counter-insurgency in the North Eastern part of the country.
“The AI's recent allegation that its investigation has revealed sexual assaults in detention facilities at Giwa Barracks Maiduguri and the Maiduguri Maximum Security Prison is only a rehash of its characteristic unfounded and ill-conceived accusations against the AFN.
“While the AFN will not speak for the authorities of the Maiduguri Maximum Prison, we wish to emphatically state that such allegations are mere concoction of the organization and the interest it seeks to represent.
“The report is nothing but an attempt to push further its campaign of calumny against the AFN, as the allegations are remotely impossible.
“It is instructive for AI and their sponsors who may be more interested in the failure of Nigeria in the ongoing fight against terrorism and insurgency to note that these accusations are unfounded and a very poor attempt at dampening the morale of troops of the AFN.
“The Giwa barracks detention facility is a national facility, therefore, the suspects or inmates are jointly handled by professional investigators drawn from the Defence Intelligence Agency, Nigerian Police, Department of State Security, Nigeria Immigration Service, the Nigeria Prisons Service and Nigerian Security and Civil Defence Corps. It is therefore, near impossible for these team of professionals to look the other way, while sexual violations are perpetrated as wrongly insinuated by AI.
‘It is also pertinent to add that the detention facility has adequate representation of highly professional members of International Organisations and Non-Governmental Agencies such as the International Committee of the Red Cross (ICRC) and other reputable NGOs that have unfettered access to the facility and scrutinize its activities from time to time in accordance with international best practices in managing detainees.
“While other reputable international organisations in the North East and other parts of the country have been working to bring about enduring peace in the North East, it is rather unfortunate that AI has impenitently chosen a path that seeks to denigrate the AFN, a task it has continued to pursue blindly and tenaciously through its glaring bias reports.
“The DHQ wishes to appeal to members of the public and the international community to discountenance AI's malicious report and continue to give requisite support to the AFN in the fight against terrorism, insurgency and other forms of criminality in the country.”
Human Rights Watch, “They Didn’t Know if I Was Alive or Dead”: Military Detention of Children for Suspected Boko Haram Involvement in Northeast Nigeria (10 September 2019)
*…] Several children described visits by people they believed to be representatives of the Red Cross.
They said that after the Red Cross’ visits, conditions improved noticeably, and that they received more food, soap, and opportunities to bathe. Saeed, for example, was held in an adult cell and said,
“Before the Red Cross intervention, I took a shower once in two months, but this changed to once a week with their intervention. We slept on mats at first and then Red Cross brought us blankets.”79
*…+
79 Human Rights Watch interview, Maiduguri, June 21, 2019.