Right To Freedom From Torture Is Non-Negotiable, Solicitor General Warns

The Director, Legal Department of the Justice Ministry, Ahmed Hamza Tahir (Left) Representing the Solicitor General, Mr. Dayo Apata at the 2019 United Nations International Day in support of victims of torture in Abuja, Wednesday.

By CLEMENT NWOJI, Abuja

The Solicitor General of the Federation, Mr. Dayo Apata, has warned against all forms of torture, saying that such act amounts to a by-pass of the judicial process by not subjecting the suspect to the time-honoured practice of trial of suspects in the regular courts.

He maintained that the right to freedom from torture is non-negotiable even in times of war.

Mr. Apata who doubles as the Permanent Secretary in the Federal Ministry of Justice, spoke while addressing Journalists during the celebration of the 2019 United Nations International Day in support of victims of torture in Abuja, Wednesday.

The celebration also involved awareness procession by the National Committee Against Torture and the Citizens Right Office, ministry of Justice, through Unity Fountain to the Federal Secretariat, Abuja.

Some of the inscriptions in their banners reads: ” Torture is against human dignity”, “Torture is a crime” and “Say no to Torture and extra-judicial killings”, among other inscriptions.

According to Mr. Apata who was represented by the Director, Legal Department of the Ministry, Ahmed Hamza Tahir, “The right to freedom from torture is non-negotiable. The application of torture to extract confession from suspects or as a way of punishment amounts to a by-pass of the judicial process by not subjecting the suspect to the time-honoured practice of trial of suspects in the regular courts.

“Section 34 (1) of the Constitution of the Federal Republic of Nigeria 1999, as amended prohibits the infliction of torture.

“The section provides thus- “Every individual is entitled to respect for the dignity of his person, and accordingly
(a) No person shall be subjected to torture or to inhuman or degrading treatment;
(b) No person shall be held in slavery or servitude, and
(c) No person shall be required to perform forced or compulsory labour.
Additionally, Articles 5 & 6 of the African Charter on Human and Peoples Rights, the Universal Declaration of Human Rights (UDHR), the United Nation Convention on Torture, inhuman and degrading treatment to which Nigeria is a signatory, all prohibit the use of Torture.”

He noted that millions of people all over the world surfer various forms of torture, adding however that it constitutes “one of the most cruel human rights violations which cause severe physical pain and psychological trauma to victims.”

He said: “There is no doubting the fact that millions of persons, families and groups suffer from torture throughout the world. It is one of the most cruel human rights violations which cause severe physical pain and psychological trauma to victims.

“Torture also dehumanizes and inflicts emotional scars which many victims take to their graves.
Violation of human rights is unacceptable.

“Torture in particular is a clear assault on the inherent dignity and fundamental freedoms of human persons and it is wicked, dehumanizing and has been criminalized in Nigeria with the enactment of the Anti – Torture Act 2017.

“The Anti – Torture Act 2017 specifically assigns certain responsibilities to the Honourable Attorney-General of the Federation and Minister of Justice. One of these responsibilities is that the Honourable Attorney-General of the Federation and the Minister of Justice shall assign to a particular office or unit of the Agency concerned the duty of overseeing the implementation of this Act.

“This is contained in Section 10 of the Act. In this respect, the Ministry has assigned the responsibility of overseeing the implementation of the Act to the National Committee Against Torture which was constituted since 2009 as a unit under the Citizens Rights Department.

“Similarly, Section 12 of the Act stipulates that the Honourable Attorney-General of the Federation shall with the approval of the President, make Rules Regulations for the effective implementation of this Act.”