Enforcment of COVID-19 lockdown orders is not an excuse to torture Nigerians, NHRC tells Nigeria Police, others

by The Ajasa News | March 31, 2020 2:53 pm

…..Charges all task forces to ensure accountability, transparency and inclusiveness

By Martin Odiete, Abuja

The National Human Right Commission, NHRC has cautioned the Nigeria Police and other security operatives who have been given the mandate to enforce the lockdown orders of both the president and the states governors to do so within the ambit of the law.

In a statement release on Tuesday in Abuja, the Commission appreciates their efforts in trying to enforce the orders in other to stem the tide of the COVID-19 pandemic, but stressed that it will be counter-productive if the security agents resort to harassing and torturing of the citizens under the guise of enforcing such orders.   

The statement read in part: “We appeal to law enforcement agencies across the country to ensure that they carry out their lawful duties in this regard without undue violation of the rights of Nigerians. 

“In particular, any act of torture, cruel inhuman and other degrading treatments should not be employed in enforcing compliance. Any arrest connected to implementation of the Covid-19 lockdown directives must be treated in accordance with national and international best practices. 

“For the purposes of clarity, Article 2 of the Convention Against Torture and other Cruel, Inhuman or Degrading or Punishment which Nigeria is a signatory, states that ‘each state party shall take effective, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction’. 

‘No exceptional circumstances whatsoever, whether a state of war, a threat of war, international political instability or any other public emergency, may be invoked as a justification of torture’. 

“Accordingly, Nigeria in 2017 passed the Anti Torture Act which makes it a criminal offence in Nigeria for any law enforcement agent to deploy torture in the discharge of law enforcement duties. The Commission therefore calls on the security agencies to refrain from applying any form of torture or punishment that will further inflict pains on the already traumatised members of the public. Enforcement of Covid-19 lookdown directives must be carried out without torture, inhuman and degrading treatment of Nigerians. 

“It is imperative to note that an order from a superior officer or public authority cannot provide an excuse for any security personnel to perpetuate acts of torture or cruel treatment against innocent citizens. 

“The Commission is conscious of the provisions of the Quarantine Act of 1929 as well as the provisions of Section 14(2) and 45 of the 1999 Constitution as amended. The NHRC however calls on the National Assembly and the Executive Arm of government to take immediate measures to operationalise the state of emergency provisions of Section 45 of the 1999 Constitution in the interest of public health and safety,” the statement concluded. 

Meanwhile, the National Human Right Commission hailed the efforts of the various health workers who have exhibited professional and patriotic zeal to contain the virus and ensure the safety of all Nigerians, while also recognizing the efforts of patriotic Nigerians and businesses who have risen to the challenge to contribute resources to fight the scourge.

NHRC also called on the Presidential and State Task Forces on Covid-19 to ensure accountability, transparency and inclusiveness, making sure that no one is left behind especially vulnerable groups like IDPs, refugees, persons with disability, almajiris, orphaned children, the aged and single headed households etc. 

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