NIGERIA: RESPONSE TO PRESIDENT'S REQUEST FOR

UNCLAS ABUJA 001458 SIPDIS DEPT FOR DRL/MLGA E.O. 12958: N/A TAGS: PGOV PHUM PREL UN NI SUBJECT: NIGERIA: RESPONSE TO PRESIDENT'S REQUEST FOR INITIATIVES TO COUNTER TORTURE REF: STATE 70129 ¶1. (U) Per reftel request, the Nigerian Constitution expressly prohibits all acts of torture and inhuman treatment. However, the constitution does not define torture, there is no body of case law, and there have been no prosecutions or convictions to date relating to the torture of any person. ¶2. (U) A bill was introduced in the National Assembly in 2005 making torture a crime for the first time, specifically outlawing torture by security agents and police. This bill expired before being voted upon. The new Executive Secretary of the National Human Rights Commission Roland Ewubare is working to have this measure move forward in the Assembly along with a group of other Human Rights issues. The National Assembly is currently on summer recess, with no progress noted to date. ¶3. (U) The Legal Research Initiative (LRI),a Civil Society group with support from the John D. and Catherine T. MacArthur Foundation, has conducted research into the use of torture in Nigeria, and sponsored law enforcement training. Currently, as part of a new 3 year project (2009-2011) they are conducting a new research initiative to document the use of torture by law enforcement during interrogations. Its goals include documenting examples of torture, encouraging victims and witnesses to tell their stories, and to train law enforcement agencies on interrogation techniques that do not include torture. ¶4. (U) LRI's 2006 Study on Domestication of the UN Convention Against Torture, Inhuman, Cruel and Other Degrading Punishment said that an additional challenge in Nigeria is the institution of Shari'a law in 12 northern states. It added, "It remains to be seen how possible it is to balance the religious sentiments attached to the Shari'a Penal Code and Nigeria's obligations under the UN Convention". SANDERS