Friday, March 29, 2013

Extra-judicial killings: Need to change policing in Nigeria




By Okechukwu Nwanguma,

IG Mohammed Abubakar
For years now, human rights abuses remain very rampant and entrenched within the Nigerian Police and Security Forces.
Torture, brutality, and extrajudicial killing by police and security forces are rampant and occur in the context of increasing violent crime and belligerent crime prevention and control strategies by law enforcement and security forces in Nigeria.
Since 2000, several local and international human rights advocacy groups have consistently documented reports of persistent killings and abuse by the police and security forces in Nigeria. A culture of impunity protects members of the police and other security forces involved in extrajudicial killing, corruption and other gross human rights abuse.
Research findings by Network on Police Reform in Nigeria (NOPRIN) published in 2008 and updated in 2010 found that Police in Nigeria commit extrajudicial killings, torture, rape, and extortion with relative impunity. Many members of the Nigeria Police Force are more likely to commit crimes than to prevent them. Police personnel routinely carry out summary executions of persons accused or suspected of crime, rely on torture as a principal means of investigation, and engage in extortion at nearly every opportunity. This shocking pattern of abuse calls into question the legitimacy of the entire Nigeria Police Force. The police hierarchy continues to tolerate massive human rights abuses making it very difficult to achieve change at the lower levels. This is why it is necessary to start changing the whole culture of policing in Nigeria.
Amnesty International reaffirmed in 2009 that: ‘Nigerian security forces have a history of carrying out extra-judicial executions, torture and other ill-treatment. There are consistent reports that the Nigeria Police Force executes detainees in custody, suspected armed robbers under arrest, people who refuse to pay bribes or people stopped during road checks. The Nigerian military are also frequently involved in extra-judicial execution…’ as exemplified by daily news reports of massive killings by the military mainly in the Northeast and Northwest States where a ‘Joint Task Force’ (JTF) of police and military has been deployed to check sectarian violence and ‘terrorist activities’ by the Islamist fundamentalist sect, Boko Haram.’
Human Rights Watch in its 2013 World Report: Nigeria: reports that:
‘Attacks by the militant Islamist group Boko Haram and abuses by government security forces led to spiralling violence across northern and central Nigeria. This violence, which first erupted in 2009, has claimed more than 3,000 lives. The group, which seeks to impose a strict form of Sharia, or Islamic law, in northern Nigeria and end government corruption, launched hundreds of attacks in 2012 against police officers, Christians, and Muslims who cooperate with the government or oppose the group.’
‘In the name of ending Boko Haram’s threat to Nigeria’s citizens, government security forces have responded with a heavy-hand. In 2012, security agents killed hundreds of suspected members of the group or residents of communities where attacks occurred. Nigerian authorities also arrested hundreds of people during raids across the north. Many of those detained were held incommunicado without charge or trial, in some cases in inhuman conditions. Some were physically abused; others disappeared or died in detention. These abuses in turn helped further fuel the group’s campaign of violence.’
Similarly, in the Southeast region, members of the ethnic self-determination group, Movement for the Actualization of the Sovereign State of Biafra (MASSOB) have remained targets of frequent vicious attack, harassment and intimidation by security operatives with many of their members secretly killed by the police in the States in that region. Over the years several MASSOB activists and sympathizers have been shot at while embarking on peaceful rallies or brutalized and arrested during their meetings. Many have been arrested, detained, tortured and paraded as criminals for canvassing their self determination agenda. In January 2013, following the shocking discovery of ‘over 30 dead bodies’ floating in Ezu river in Anambra State, members of MASSOB and civil society groups in Anambra State have accused the Special Anti Robbery Squad (SARS), an anti robbery unit of the Anambra State Police Command of secretly killing persons in its custody and throwing their dead bodies into the river. MASSOB has claimed that among the victims whose dead bodies were found floating in Ezu river were 9 of its members who were arrested during a raid of their meeting place in Onitsha, Anambra State in November 2012 by a joint task force of military, police and secret police who later handed them over to SARS. In the past, NOPRIN researchers have uncovered secret shallow graves where victims of extrajudicial killings were secretly buried by the police in Anambra State.

Human Rights Watch asserts, and in my humble view, correctly, that ‘the failure of Nigeria’s government to address the widespread poverty, corruption, police abuse, and longstanding impunity for a range of crimes has created a fertile ground for violent militancy. HRW estimates that since the end of military rule in 1999, more than 18,000 people have died in inter-communal, political, and sectarian violence.

The majority of cases of abuse go uninvestigated and unpunished. The families of the victims usually have no recourse to justice or redress. Many do not even get to find out what exactly happened to their loved ones.
Only very few of the total killings that occur on a daily basis are reported in the media. The media appear to have become too accustomed to extrajudicial or summary killings and lethargic to reporting each and every single incident. Human rights monitors lack the skill and capacity to monitor and systematically document incidents with a view to fully identifying the victims and perpetrators and engaging government oversight agencies with a view to ensuring that victims secure remedies and perpetrators appropriately brought to account.  Nigerian Government has failed to fulfill its obligations under international human rights standards to institute due diligence in ensuring effective investigation, punishment and redress for human rights atrocities.
Failure to subject to trial and sanction police and security officers implicated in human rights violation has created a climate of impunity which protects perpetrators. As Human Rights Watch noted in its 2005 report ‘Rest in Pieces’, one of the fundamental problems with the police is that abuses are sanctioned or even ordered from the top, i.e. from the most senior officials. The Nigerian government has repeatedly expressed willingness to address the problems in the criminal justice system, improve access to justice and reform the police. But despite several ‘Presidential Committees on Police Reform in Nigeria’ in recent years, which presented detailed recommendations for improvement, little has been done. A review of the 1943 Police Act began in 2004, but the draft bill has been pending since October 2006. Laws, regulations and codes of conduct to protect human rights are not enforced.

Government’s response to public outcries about particular crisis or security situation is to set up a new police reform committee and once public outcry is doused, the report is shelved. Hence, since 2000 up to 2012 at least four police reform committees have been set up by successive governments to reorganize and transform the police. But setting up police reform committees appears to have become a pretext for government to evade responsibility and an avenue to distribute patronage and waste public resources.  Nigerian political authorities endanger public safety by paying lip service to police reform. 

Civil society must, on a continuous basis, promote accountability and respect for human rights. Civil society organizations must continue to lead the charge in pushing Nigerian government to implement genuine reforms. They must interrogate, improve on- if need be, and intensify their advocacy strategies with a view to mobilizing a sustainable public opinion against the culture of impunity, pushing the government to wake up to its obligations to promote and protect human rights, establishing a culture of respect for human rights within the police, ensuring that victims and their families have access to justice, and putting an end to impunity for police and security officers.



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