Prison Conditions in Nigeria
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Prison Conditions in Nigeria November 2019 (COI included between 1st January 2018 and 25 September 2019) © ARC Foundation/Garden Court Chambers, September 2019 ARC Foundation publications are covered by the Create Commons License allowing for limited use of ARC Foundation publications provided the work is properly credited to ARC Foundation and it is for non-commercial use. ARC Foundation does not hold the copyright to the content of third party material included in this report. Reproduction or any use of the images/maps/infographics included in this report is prohibited and permission must be sought directly from the copyright holder(s). We are extremely grateful to Paul Hamlyn Foundation for its support of this project. Feedback and comments Please help us to improve and to measure the impact of our publications. We’d be extremely grateful for any comments and feedback as to how the reports have been used in refugee status determination processes, or beyond. Thank you. https://asylumresearchcentre.org/feedback/ Please direct any questions to [email protected] Cover photo: © Naeblys/shutterstock.com 2 Table of Contents Introduction 6 Explanatory Note 8 List of sources consulted 10 Issues for research 13 1. Physical or psychological torture, inhuman or degrading treatment 14 Detention in general 14 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 18 Police 22 State Security Service (SSS) 24 Special Anti-Robbery Squad (SARS) 26 Military 30 2. Use of forced confessions 35 Detention in general 35 Police 35 State Security Service (SSS) 36 Special Anti-robbery Force (SARS) 36 3. Deaths in custody 38 Detention in general 38 Police 38 State Security Service (SSS) 40 Military 40 4. Size of cells, overcrowding [less than 3m2 of personal space] 45 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 45 Military 49 5. Solitary confinement, social isolation, incommunicado detention, constraints to out of cell activities and freedom of movement 52 Detention in general 52 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 52 Police 54 State Security Service (SSS) 54 Military 56 6. Unhygienic conditions 61 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 61 Military 63 7. Restrictions to medical care 65 Detention in general 65 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 65 Police 71 Special Anti-Robbery Squad 72 State Security Service (SSS) 72 Military 73 8. Irregular or contaminated food and water 76 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 76 Military 78 9. Deprivation of normal sensory stimulation, such as sound, light, sense of time, isolation, manipulation of brightness of the cell, abuse of physiological needs, restriction of sleep, motor activities, denial of privacy and forced nakedness, exposure to extreme temperatures 80 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 80 3 Military 80 10. Number of prisoners on remand and length of pre-trial detention 82 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 82 Police 85 11. Factors that affect the length of pre-trial detention 88 Detention in general 88 12. Effective monitoring 96 Detention in general 96 Special Anti-Robbery Squad (SARS) 98 Military 98 13. Investigations and accountability 100 Detention in general 100 Police 104 State Security Service (SSS) 107 Special Anti-Robbery Squad (SARS) 107 Military 109 14. Redress 112 Detention in general 112 15. Impunity for state human rights abuses 113 Detention in general 113 Police 116 State Security Services (SSS) 116 Military 120 16. Death penalty, especially after unfair trails 123 Detention in general 123 17. Access to legal representation 132 Detention in general 132 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 132 Police 135 State Security Service (SSS) 136 Special Anti-Robbery Squad (SARS) 137 Military 137 18. Separation of and situation for women detainees 140 Detention in general 140 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 140 Police 142 Military 143 19. Situation of detained children 147 Detention in general 147 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 147 Police 154 Military 155 20. Discrimination including freedom to practice religion, special needs including treatment of disabled prisoners 167 21. Incidence of arbitrary detention / without pretrial 168 Detention in general 168 Nigerian Prisons Service (recently renamed Nigerian Correctional Service) 169 Police 174 State Security Service (SSS) 174 Military 175 4 22. Factors increasing vulnerability to (arbitrary) detention 182 23. Rise in implementation of Sharia law, including being imposed against those not of Muslim faith 187 24. Military deployed to do the work of the police and related accountability issues 190 25. Appropriation of state powers by individual police/prison officers for personal gain 193 26. Confinement in IDP camps 198 Legal notes 204 5 Introduction This report on prison conditions in Nigeria is the second in a series which follows the September 2019 ARC Foundation/Garden Court Chambers publication, Prison Conditions in Afghanistan: A commentary. Both documents present COI on prison conditions according to those issues identified by UK1 and European Court of Human Rights case law2, the Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment3 and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)4. Research has therefore been presented on the following issues in the context of Nigerian detention facilities and where possible, this has been disaggregated by actor administering the detention facility: detention in general (control of facility unknown); police; State Security Service (SSS); Special Anti-Robbery Squad (SARS); and military: 1. Physical or psychological torture, inhuman or degrading treatment 2. Use of forced confessions 3. Deaths in custody 4. Size of cells, overcrowding [less than 3m2 of personal space] 5. Solitary confinement, social isolation, incommunicado detention, constraints to out of cell activities and freedom of movement 6. Unhygienic conditions 7. Restrictions to medical care 8. Irregular or contaminated food and water 9. Deprivation of normal sensory stimulation, such as sound, light, sense of time, isolation, manipulation of brightness of the cell, abuse of physiological needs, restriction of sleep, motor activities, denial of privacy and forced nakedness, exposure to extreme temperatures 10. Number of prisoners on remand and length of pre-trial detention 11. Factors that affect length of pre-trial detention 12. Effective monitoring 13. Investigations and accountability 14. Redress 15. Impunity for state human rights abuses 16. Death penalty, especially after unfair trails 17. Access to legal representation 18. Separation of and situation for women detainees 19. Situation of detained children 20. Discrimination including freedom to practice religion, special needs including treatment of disabled prisoners 1 See ‘Legal Notes’ in the Appendix 2 See for example, European Court of Human Rights, Detention conditions and treatment of prisoners, July 2019 3 UN, Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 2004 4 UN, United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), 17 December 2015 6 At the time of drafting, a Home Office Country Policy and Information Note (CPIN) was available on Nigeria: Prison Conditions which raised a number of additional relevant issues for research. Whilst the CPIN was archived before the publication of this report, the following issues have still been addressed in this report: 21. Incidence of arbitrary detention / detention without trial 22. Factors increasing vulnerability to (arbitrary) detention 23. Rise in implementation of Sharia law, including being imposed against those not of Muslim faith 24. Military deployed to do the work of the police and related accountability issues 25. Appropriation of state powers by individual police/prison officers for personal gain 26. Confinement in IDP camps 7 Explanatory Note This report presents Country of Origin Information (COI) researched by ARC Foundation between 1st January 2018 and 25 September 2019 on issues identified to be of relevance for an assessment of conditions in Nigerian detention facilities. It is presented by the themes identified above in chronological order. The COI presented is illustrative, but not exhaustive of the information available in the public domain, nor is it determinative of any individual human rights or asylum claim. All sources are publicly available and a direct hyperlink has been provided. A list of sources and databases consulted is also provided in this report, to enable users to conduct further research and to undertake source assessments. ARC Foundation is grateful to David Neale, Legal Researcher at Garden Court Chambers, for preparing the legal notes and for his guidance in shaping this report. The following reports pre-date the cut-off point of this report and have therefore not been included but provide detailed historical information of police abuses in Nigeria: Human Rights Watch, “Everyone’s in on the Game” Corruption and