Rights of the Suspect and Accused

Recently, a young man came to our office alongside his old father. They came to lodge a complaint. About a month earlier, they said, they got a call from an unidentified female informing them that their son was picked up by the DSS from one of the streets in Abakaliki. They quickly got to town and went to inquire at the DSS state’s command and were denied acc

DSS men

ess to the facilities. They requested to know whether their son was being held at the facility and on what ground he was held. Their request was ignored, and they were asked to leave the premises. At another time, they contracted a lawyer whom they took there for intervention, we were told. The lawyer was equally turned away without seeing the detainee except that, he was told, the boy was in their custody.

It took our intervention to later find out that the boy was charged to high court for ‘kidnaping’ and was remanded in Abakaliki Prison. All the time the boy was held in their custody, he was denied access to his relatives and to legal representation.
______________________________________________

One striking feature of democracy is the rule of law. Where due process is blatantly ignored or disregarded, democracy suffers a great blow, and so does human rights. The case represented above is very common, not only with the security agency mentioned, but with many others, including the police force. It is as if, for many security agents, there are no rules guiding the procedure of arrests and detention, and that once an individual is a suspect in an offence or crime, the individual seizes to have human rights. This practice and the ideology that informs it violate international norms and practices regarding arrest, detention and trial procedures as can be found in Universal Declaration of Human Rights (UNDHR), International Convention on Civil and Political Rights (ICCPR) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. It equally negates Nigeria’s laws, including the Constitution of the Federal Republic of Nigeria (1999 as amended), Criminal Procedure Act, Criminal Procedure Code and the most recent act which merged the last two, Administration of Criminal Justice Act (ACJA, 2015). With regard to arrest and detention, there are key human rights issues that must be safeguarded as far as best international principles and practice are concerned. They include:

Right to liberty and security of person and to freedom of movement (ICCPR, 9[1], Constitution, 35[1])
Prohibition of arbitrary arrest (UDHR, 9)
Right to be informed of reasons at time of arrest and of any charges (Constitution, 36[6][a], 35[2], ACJA, 6)
Right to be brought promptly before a judge (UDHR, 10)
Right to trial within reasonable time, or release (Constitution, 36[1], ACJA)
Right to prompt access to a lawyer (Constitution, 36[6][C])
Right not to confess or testify against oneself (of silence) (ACJA, Constitution, 35[2])
Right to an interpreter when necessary (ACJA, Constitution, 36 [6][e])
Right to prompt notification of family (ACJA,
Right to presumption of innocence until proven guilty (UDHR, article 11, ICCPR 14[2], Constitution 36[5])
Right to humane treatment as a detainee (ACJA, 8)
Because of the requirement to safeguard these rights, security operatives are supposed to be guided by four principles – LEGALITY, NECESSITY, PROPORTIONALITY and ACCOUNTABILITY – whenever they carry out arrest and detention of persons suspected or accused of committing an offence/crime.

By legal consideration, they are to ascertain in the particularities of a case whether an arrest with/without a warrant is needed. It also requires the security agent to determine whether a mere invitation or arrest for detention is needed in a particular case. This is because certain civil cases do not require the involvement of police carrying out arrest. In McLaren v. Jennings, the Court of Appeal held in 2003 that it was unlawful for the police to arrest and detain the appellant with regard to the collection of a debt (a civil matter) which could be determined in courts or through the use of ADRs. Unfortunately, in practice, some security agents are often used to settle scores by individuals who consider themselves ‘connected’ to their power (soft or hard).

By necessity, issues of timing, and place of arrest are to be considered. Does it require doing it in such a manner to cause public knowledge which may cause harm to the reputation of the suspect (remember, a suspect is not a convict) or could it be done in some quite place and time.

Proportionality calls for prudency with regards to the use of force during an arrest (ACJA now provides that no unnecessary restraint such as handcuff is required).

Accountability requires that arrested persons should be brought before a court of competent authority who must decide the validity of the arrest and whether further detention is necessary or not. It also places a burden on the security agents to ensure relatives of detainees are promptly informed.

Thus, if you examine the particular case shown in the first paragraph critically, one can detect that there were serious violations of the fundamental rights of the suspect. He was denied access to a lawyer and his relatives were shut out from him. Also, if we were to go by the provision of the ACJA which now requires that detention without appearance before a judge/magistrate going beyond 48hrs at most is unnecessary, we can see how the young man’s rights to ‘be brought promptly before a judge’ was violated. Any action against the agency in question has to take these factors into consideration. More importantly, our interest here is to demonstrates to readers that even a suspect does have fundamental rights that need not be compromised.

Shalom!

Contributors: C. O. Ikegbunam Esq.
C. A. Nwankwo Esq.
D. A. Okoliko

Disclaimer:
This is a free educational material and not a source of legal advice. If you need any, please consult your lawyer.

Access to Justice Is One of Our Core Drives

By Barr. Jude Ogbunkwu

The collection of activities that is termed as Access to Justice programme at Human Rights and Conflict Resolution Centre (HRCRC) in Abakaliki constitute the foremost works that the organization do right from its inception. They include prison/police cell welfare, facilitation of Gaol delivery, pro bono legal services, and general legal services for the less privilege. At the time, the organisation was nursed in late 1980s, Fr. Kevin O’Hara (SPS), was the Parish Priest of Corpus Christi Parish Umuhuali where he witnessed an unlawful detention of one of his parishioners, one Peter Nwekeoga. In attempt to intervene to see to the release of Peter, he discovered the unspeakable and terrible state of prisoners and the prison service in the town. He immediately felt moved to do something; it was this that opened door to series of interventions targeting ameliorating the conditions of lives in the prison which became a drive for the formation of an organisation that aimed at advancing justice for all, especially the most vulnerable ones in the society.

In the different phases of the organisation, firstly Human Rights Commission (HRC), then Institute for the Enhancement of Human Dignity (I.E.D), HRC again, and then HRCRC, the organisation has kept Access to Justice as a core programme in the Centre. The programme offers free legal services to victims of Human Rights Abuses. The Centre is grateful for the support it has enjoyed from partners to carry out its functions of widening the scope of justice for the vulnerable of our community. Some of these partners who have supported us in the past include Misseror, Manos UNIDA, Cordaid, Catholic Reliefs Services, St. Patricks’ Society, Irish Aids and Misean Cara being the last sponsor of our project titled: “Enhancing the Child Rights in Ebonyi State” which lasted between 2015 and 2017.

Access to Justice department of HRCRC has helped many people who left to circumstances of odds in our nation’s justice system are greatly disadvantaged to access fairer treatment in legal struggles. HRCRC team at the department offer legal advices, prepare legal documents and interventions and represent individuals in court; that is, those who are disenfranchised by the justice system so that they can have fair hearing and have their noble rights respected. During the course of the project, “Enhancing the Rights of the Child in Ebonyi State” (lasted from Jan. 2016 to March 2017), a total of 130 persons who were unfairly detained in prisons and police cells were released through the effort of the department.

Most of the beneficiaries of our interventions are the poor who can hardly afford the high cost of accessing justice in the Nigerian context. Consider Mrs. Blessing Okechukwu for instance. She was a pregnant and nursing mother who was charged for stealing cocoa yam worth of four hundred naira (N400) from a local market in her small community. Upon her arrest, she was remanded in prison custody at the Nigerian Prison in Abakaliki alongside her little baby for six months without trial. When she was discovered during our routine checks and monitoring of prisons across the state, our legal team took up the matter before a magistrate who upon hearing struck out the case for lack of diligent prosecution of the matter by the complainant. One of the motivations for our intervention has to do with her little child who had to suffer untold hardship for no fault of his.

Inability of persons going through legal struggles to afford ‘cost of justice’ in Nigeria is a contributing factor to prison congestions in Nigeria. Justice is quite expensive in our society. You only have to consider what it takes to get records of proceedings on any case or information, to file motion for appeal or bail and the several journeys to the court of arraignment or trial that a lawyer have to make, and you may excuse legal fees that lawyers charge. This is not to speak of sharp practices by some lawyers and other elements within the justice system. Here at HRCRC, we are committed to serving the interests of justice so that more people can lead happier lives.

Fr. Kevin O’Hara (SPS) is honoured

HRCRC congratulates Fr. Kevin O’Hara (SPS) for his most recent Humanitarian Award given in recognition of his ‘outstanding contribution to the promotion of human rights in Nigeria’. The award was bestowed on him by CAPIO (Carmelite Prisoners’ Interest Organisation), a rights-based organisation in Enugu State in October 2017.

Fr. Kevin is well known for his activism in the area of human rights, rule of law, democracy and peace. The native of Stranorlar, a small town in the Finn Valley of County Donegal in Ireland has been in Nigeria since 1980 when he first came into the country as a St Patrick’s Missionary Society priest. Observing gross violations of human rights especially in the Nigerian prisons and police cells in his place of ministry in the Eastern Nigeria, Fr Kevin was moved to act. He founded Human Rights and Conflict Resolution Centre, then known by the name Human Rights Commission (this was before Nigerian government established Human Rights Commission in 1995). The group was dedicated to the welfare of prisons and cells, touring cities, towns and villages across Ebonyi, Enugu, Abia, Benue and Cross River states.

The same passion to stand up for rights of the marginalised moved him to also establish the Centre for Corporate Responsibility (CCR) in Port-Harcourt and later Stakeholders Alliance for Corporate Accountability (SACA) in Bayelsa State. His activities with these groups helped to shed lights on the unwholesome practices of the extractive industries in the Niger Delta as a result of which the indigenous people of the region found themselves in deplorable socio-ecological conditions. ‘The goat in the flow station’, one of his notable documentary, was screened across Europe and America as a major indictment against the multinationals in the extractive industries of Niger Delta thereby creating a radical shift to the narrative on corporate social responsibilities vis-à-vis indigenous people’s rights to development.

Although, Fr. Kevin, an alumnus of Bath University, UK (studied Responsibility and Business Practice) now heads the St Patrick’s Missionary Society in West Africa as the District Leader, he remains a staunch defender and promoter of human rights in Nigeria. And while he is not new to awards as he has been given numerous recognitions for his contribution to humanity (e.g. he is a recipient of United Nations Award for ‘Waging Peace through Development”), for us at HRCRC (his very first love) we take this forum to congratulate him and wish him well.

Fr. Kevin honoured

test

vkyfytkuy yyutf iyuyfviytfy oyy o itcrtxjytiuuiy

HRCRC TRAINS BRANCHES ON CHILD RIGHTS ON Monitoring, Documenting, Reporting and Management of Child Rights Cases.

While it is readily acknowledged in many fora that children are vulnerable members of the
society, mechanisms to ensure their protection and care is scarcely provided for in many
societies. Ebonyi State is not an exception. On the one side, cultural belief places high values
on child birth and rearing (a factor which has contributed to high rate of child birth in the
state). On the other side, the apparent belief that children ‘belong’ to their parents and
guardians, as if that invalidates their specific rights, often contribute to unintended effects on
the relationship between the former and the latter. The unintended effects are various child
rights violations which have become incessant in Ebonyi State in recent times. Almost on a
weekly basis, a female child is raped, and a child is inflicted grievous injuries under the pretext
of discipline. Majority of these crimes against children are either committed by relatives of
the children or encouraged by them.

Against this background, Human Rights and Conflict Resolution Centre (HRCRC) designed
specific intervention to address the challenge of Child Rights violations in Ebonyi State. The
intervention named “Enhancing the Rights of the Child in Ebonyi State” ran from August 2015
to December 2016 and with an extension up to March 2017.

The Acting Director of HRCRC, Mr Dominic A. Okoliko, warmly thanked and welcomed
everyone to the training. He drew participant’s attention to the purpose of the training by use
of quick slideshow that revealed 10 shocking cases of child abuse recorded in Ebonyi in recent
time. With this, he said, it should be clear that as community actors, HRCRC Branch members
cannot fold hands while perpetrators of evil against children continue to have field day in
communities. Thus, participants were encouraged to key into the opportunity of the training
and equip themselves with requisite skills to help push back child abuse in the state.

Barr. A. G. Nwankwo keyed into the momentum and helped the group to trace why Child
Rights is such an important talk in this age. He laboured on dissecting the meaning of the
concept, the assumptions underlying it and legal instruments backing up rights of children,
from the international to the state level.
Accordingly, Barr. Nwankwo made the group to understand that child rights can be
considered as a subset of human rights which pertains to the special interests of children. The
aim is to give special recognition to distinctive sets of rights which are of children’s and thus
promote respect for their dignity as human beings.

At 11.35 am, Mrs Flora Egwu of Child Protection Network (CPN) was introduced to the group
for her presentation. It was not quick before the group observed the passion with which she
spoke on the issues of child rights in Ebonyi State.

At 2.05 pm, the third session began. Dominic Okoliko took the group through the theme of
documentation and reporting.
Participants were made to understand that documentation is “a systematic recording of the
results of the investigation of an event or the examination of a child rights situation”.
He introduced participants to step by step procedures of ensuring documentation and
reporting of issues, and explored techniques for gathering facts about an abuse, as well as
manners of handling victims of abuse. Some techniques treated included mission to scene of
incidence, observation and interview. He also introduced the template form to be used in
documenting child rights issues and went through it with the group. Lastly, he shared with
the group safety and security tips to ensure protection of monitors and victims.

The fourth session treated Child Rights Case Management and was taken by Mr Godwin Igwe
of the Ministry of Women Affairs and Social Development. Like other speakers, he was full of
passion and shared in-depth stories from the field. He said that as child protection service
providers, we are in a way, social workers. As such, our role entails investigating reports of
child rights abuse and neglect, assessing the degree of harm and the ongoing of risk of harm
to the child, determining whether the child can remain safely in the home or should be placed
in the custody of the state, and work closely with the family and other agencies regarding
appropriate plans for the child’s safety and well-being.

Outcomes include
▪ Expanded knowledge of child rights issues for the branch members
▪ Knowledge of better strategy for monitoring
▪ Acquisition of documentation and case management skills
▪ Created awareness on child rights through expanded publicity of trainings
activities in media outlets (radio and print)

The mini project was inspired by the principle of subsidiarity. We believe in empowering
people to take part in the development of their own community. As members of their
community, living and working in their midst, HRCRC branch members are more posed to
impacts in the development of their communities. Our organisational culture entails that
where it is not possible to be personally present, we raise up men and women in the
communities, train and equip them to champion human rights cause, while we monitor and
assess their performances from time to time. Our approach has worked to help communities
to own up projects aimed at increasing awareness of human rights issues. Also, it boosts our
grassroots presence and helps us to enjoy wide acceptance at the local levels.

HRCRC Branch members are network of volunteers who have the interest of the marginalised
at heart, and work to advance their rights and well-being. As such, this intervention which
targeted empowering local actors addresses the need of local capacity building which can
ensure more protection of the marginalised.

Child rights remains vital issue needing intervention in Ebonyi State. This is so because
violations of child rights continue to happen, often in remote places where authorities hardly
beam search lights. Thus, the initiative of HRCRC, Abakaliki to empower local community
actors such as HRCRC Branch members to become agents of change across Ebonyi State is
timely. The one-day training held on the 3rd of March 2018 had 30 HRCRC branch member
participants and 3 media representatives. The media personnel further gave it boost by
publicising the intervention, and thus, multiplied the impacts. At HRCRC, we are grateful for
the support of Misean Cara and St Patrick’s Missionary Society whose financial contribution
made the intervention possible.