Nigeria: Torture defended as standard police procedure

The rickety stool of the hamlet

With the way every nonentity incapable of achieving peer-reviewed and internationally recognised titles borne of the dint of cranial-matter exertion, I was not too worried about the title of heir apparent.

The number of frogs that are princes and ugly ducklings that are princesses in Nigeria has cheapened the idea of being titled that plain formal address as Mr, Ms, Mrs or academic titles seem to be more respectable without the baggage of being tagged a crook.

The issue here was that an heir apparent to the rickety stool at a hamlet in a backwater of Yorubaland had come to nought in police custody [1] having gone there to report a robbery. Mercifully given to hyperbole, the copywriter assumed every community title had a throne.

Suspicious of reporting a crime

The search for justice in Nigeria is a difficult one; in fact, the search for a police force that acts anything like a civilised and professional service in Nigeria is fraught with danger where any contact with the police could lead to the loss of life.

The man, mechanic having notice that his workshop had been burgled called on a scion of the mechanics community and with him went to report the burglary to the police. He had this witness to forestall a situation where the police would have acted funny, but it made no difference.

Unbeknownst to him, his boss had already reported the matter to the police, strangely the police did not go out to investigate or gather clues as to the matter, it just went into file.

As the man reported the burglary, the other report came out of the file and though one cannot say what the boss had reported, the man was arrested.

Of guilt and innocence by sides

The shocking revelation but everyday reality with the Nigerian Police is that the plaintiff or accuser is always considered innocent and the defendant is automatically considered guilty with the full force of unlawful restraint visited on the person without interrogation.

In fact, for plaintiff, read first mover, richer person, influential community leader or an influence peddler – a plaintiff is not so much a complainant seeking redress, rather it is someone seeking to oppress with menace in such a way that the person on the receiving end is taught a lesson regardless of the person’s innocence or guilt.

Committed suicide by himself

Somehow, this man in police custody for 48 hours suddenly died – or as Divisional Police Officer Ben Osuji averred, Dauda Najeem had committed suicide by himself in the cell.

I am a bit confused by that construction, if he did commit suicide, it by implication means he did it himself, but when by himself is added for emphasis, I suspect the suicide might also have been assisted – when this happens in police custody, it is an extra-judicial killing, a murder by the authorities and someone needs to get to the bottom of the case.

Somehow, if Mr. Najeem had committed suicide by hanging, even the police should have a Polaroid camera to record the scene of the hanging as the first course of action on discovery of the man.

The impunity of glaring police negligence

So many things are amiss in this situation, the police were supposed to conduct hourly checks on the cells and in fact monitor those who might be susceptible to self-harm. Somehow, Mr. Najeem could not have been suicidal; he was overjoyed at the arrival of his new son, his close-knit family seem to be quite integral to his life and as the only son was the heir-apparent.

The police were not as forthcoming as they should be in circumstance of serious public interest and concern as the head of the state Criminal Investigation Department offered as much information as to say that only the Commissioner of Police could ask him questions about the case.

It leaves one wondering if there is any accountability of law enforcement in a democracy in the first instance and if law enforcement really realises that their existence depends on confidence that the public has in their ability to enforce law and order as well as serve as the first port of call for complain and conflict resolution.

Humiliation, not a justice function

There is no indication as to how the man hanged himself apart from the reference that the man was in his trousers, hopefully that is always the case, there is no reason to completely denigrate and humiliate a man because he is a suspect.

Even so, if the man is charged and arraigned before a court where due process is followed; the sentence meted out should be punishment fit for the crime, if it causes humiliation it should be a matter of how the punished has reacted to the punishment, it is not the function of the courts to create the moral context for humiliating redress.

TORTURE!

However, it would appear we are closer to the truth about the cause of death when a word creeps into the story – TORTURE. Apparently, torture is the main means of extracting information from suspects in the Nigerian Police Force – this really makes you sick.

I can only quote verbatim the opinion of a top police officer who spoke on condition of anonymity. “Torture would continue to be a weapon for extracting information from suspects as long as modern high technology investigative gadgets were not provided to the police.”

He goes on to say, “We have no tools. In as much as we are not sorcerers, there is no way we could unravel many cases without the use of torture. Look at the type of gadgets used by European and American detectives. The efficiency of their police dissuades criminally-minded people from committing crime because they know they will be caught. And when suspects are caught, they quickly own up because they know that the police will get to the root of the crime.”

Flawed criminal investigation ideas

Where do I begin to break down this flawed philosophy of criminal investigation?

I do wonder if the modern high technology investigative gadgets alluded to are basic detective work with the use of common sense and deduction, fundamental forensics or thumbscrews.

Maybe lie detectors could be useful but you need good questions to arrive at some useful answers but they cannot be the basis of case argued beyond reasonable doubt.

I would agree that the police are not sorcerers, clairvoyants or seers, but if the replacement for detective and investigative work is condensed to torture as a means of solving cases, nothing could be as uncivilised and barbaric as to have that as a fundamental criminal investigation procedure.

A fallacy and a fantasy

The assertion that the efficiency of the police dissuades criminally-minded people is a fallacy if I ever heard one – but this is typically Nigerian where supposedly knowledgeable people make unsupportable statements about some view abroad and use that as a basis of unchallengeable authority.

Since people do not bother to check the facts or ascertain the veracity of such outlandish statements those views are taken as gospel truth and they become part of the accepted body of Nigerian knowledge.

When suspects are caught, they quickly own up? Not in the Europe I live in and not in the America that I have read about – it makes you wonder what constitutes the curriculum of our police forces and where these myths of policing and crime resolution come from.

I would contend these people need no tools or gadgets, if you cannot use basic commonsense and deduction to research a situation you definitely cannot move on to the sophistication of some tools which presumably are supposed to extract the truth without causing pain.

Torture cannot elicit the truth in truth

What baffles me more is the notion that torture, the inflicting of pain can elicit the truth about a situation. Supposedly the police have not cottoned on the idea that a person might just admit to anything in the natural tendency for self-preservation.

This obviously does not take into account the possibility that the administration of torture can be quite suggestive by compelling the person to affirm what the police wants to be affirms to clear up their case work though not necessarily solve the crime.

The lack of finesse in such heinous activities which seem to have no limits lead the victim suspects to a point of expiration that is beyond medical help, the perpetrators then attempt to walk away from their crimes with the claim that the suspect committed suicide.

Record the torture as evidence

In fact, if torture should really be a tool for crime resolution, the whole truth extraction process should be available to the crime and punishment system. Complete audio and video recordings must be made available to the defence and the jury, the police who use torture cannot be allowed to present their cases as objective if the means by which they have obtained evidence is so subjective.

Subjective evidence acquisition should suffer wider scrutiny for others to judge not the case in as much as the animals that are paid to police but resort to such abhorrent methods.

No evidence obtained under torture should be admissible in any court anywhere in the world and definitely not in a democracy. We might well take riffraff off the streets and inculcate them in the police if there is no art, science, methodology and reviewable counsel to the work of criminal investigation.

I have no confidence

Unfortunately, I have no confidence in the police hierarchy to pursue to satisfactory conclusion the need to assure the right to life and the preservation of human rights such that civil means are employed to gather evidence.

Neither am I confident that this would be the last death in police custody attributed to suicide when it is almost definitely a torture-induced murder and that impunity would continue as the police lives up to its despicable malevolent moniker of ‘Torture Chambers’.

May Dauda Najeem rest in peace and if there is any justice in this world, those responsible for his death through commission, omission or negligence must be brought to book and made to pay a very heavy price.

Source

[1] The Punch: Controversy trails heir apparent’s death in detention

Childhood: My aunts saw red

They were with us

As we settled down in Nigeria we never were a nuclear family, we always had relations most especially paternal relations staying with us as my father was somewhat a patriarch and pioneer of sorts, later on, it was friends and cousins.

When we were in Jos, my uncle affectionately called Unculu had moved with us from Kaduna, then my aunt, my father’s kid sister and his niece who was much older than my aunt.

The deluge of ridiculous names

One interesting Yoruba culture that probably still persists is that when a wife is brought into a family, the wife never refers to any of the younger ones she meets in the new host family by name.

As a sign of respect or deference for being a new inductee which probably paints the wife as a rank outsider, each person gets a name or nickname they cannot refuse and are known by for the lifetime of the marriage in most cases.

My uncle who we affectionately called Unculu and I think I came up with that name for him was called Eyin Afe (Which I think translates to having the teeth for a good life of enjoyment), my aunt was Modesty; I thought that was after Modesty Blaise and the father’s niece was Idi Ileke (Connoting ideas of Nubian beauty with a waistline of strings of beads).

The more people the wife had to name, the more ridiculous the names became, in fact, for names given in Yorubaland, they were probably the most trivial and meaningless set aside for traditional purposes separating blood relations of the feminine sex from those who had become relations through marriage.

Catching up

I remember a conversation I had with Unculu when he was 22 and I was 8, always playful, friendly and giving me lots of his time – I asked if he could wait from me to catch up to him at 22 – I suppose, it was just a sign of how much I adored my uncle.

Elopement from terror

The girls, my aunts had a tougher time; there was always the fear that girls might get involved in all sorts of unspeakable activity that they were given the impression that their lives would become unliveable if they got entangled in anything of a sexual nature.

My father, gave them the strictest upbringing and he was a disciplinarian of the order of a sadist to my little mind – in all the time I have incurred his wrath, I have never experienced any of the punishments those girls had.

Idi Ileke was well passed puberty and was put into vocational training to become a seamtress, I would suppose whilst she was busy sewing zippers to dresses someone took her fancy and in one of the most distressing times for the adults in my family she eloped with the man.

It probably took a few days to find her, at which time, my father had had enough and he sent her back down south.

I cannot say if she eventually married the man, but we never did see much of her after that.

A mattress ripped apart

Modesty was the younger, I think she was just about 7 or so years older than I, saw her eldest brother in shades of light that would represent terror, fear, anger, violence and control.

Again, in Nigeria, these shades of light were supposed to be read as signs of respect from the protégé and the mentor saw this fear as deference and exacted control as a sign of love – bizarre as it sounds.

When she first tried learning Hausa, it was so funny to hear her completely off accent as she started counting from one – diya, biu, uku, hudu and so on.

But the most tarrying times for her were when somehow my father found that her mattress had been ripped probably by using a blade and he could not get to the truth about how it had happened.

The Spanish Inquisition was visited upon her with tortuous punishments and my father never got any closer to the truth of what really happened – we all heard the cries, the noise, the howling and so on, we were just as terrified and dreaded any circumstance where my father would ever have to be so un-nice to us.

The sweet fruit of tattoos

The cashew fruit tree on grounds was a tree that grew into some sort of shapeless both artful natural thing, we could sit on its splayed out branches and it never grew into anything tall. In season, its fruit were low-hanging; I could just reach out and pluck the fruit.

Versatility of the fruit was revealed when I found out that pod-casing on the succulent fruit could be harvested and dried out for cashew-nuts, however, before the pods were dried out, there was a sap that could be applied to the skin which was used for tribal marks.

Modesty then applied some to her thigh that spelt out her name – over the first few days it blistered, it became septic and then it dried up, healed, leaving an indelible black mark representing the letters of her name.

A whisker away from death

It was then that my father found out and all hell broke loose for her – I saw her lay face down in an incline, her feet on the side of the cupboard and her hands on the floor. She was flogged in that position till I think my father was exhausted.

Could men be so capable of dishing out discipline in that way and still be human with the excuse of preventing the child from having a life less ordinary?

But these are the kinds of rights and authority our elders and seniors in school had the liberty to exercise on us without being accountable to anyone for their actions.

In fact, people were lauded for being this sadistic in the name of discipline and I have read many obituaries where part of the eulogy included a phrase like “strict disciplinarian”, a euphemism for be a brutal brute with a merciless streak all couched under the impression that it was all for the good.

Between discipline and torture

In all, I suppose, there were always a fine line between discipline and brutalisation, in many cases, I have seen parents seriously brutalise their children whilst believing it was just maintaining order through discipline.

The fact that the grown up children still bear physical scars that the parents were probably too ashamed visit the hospital and seek treatment for belies the feeling that parents sometimes never think they can inflict grievous bodily harm on their kids because they love their kids too much to see them devoid of punishment.

This is where I would sometimes agree with the lobby against hitting children because the few times I have been struck across the face in anger when it would have been better parenting to smack me or ask me to do some mean task just shows many parents are confused about discipline, order and control.

They did what they knew

Again, on the whole, my parents did their best, and parenting does not come with manuals or certificates – I am still proud of my upbringing though hindsight does indicate that maybe some things could have been done better.

My uncle and aunts went on to live their own fulfilled lives, sometimes fearful of big brother, sometimes in awe of big brother and over time, big brother has become cuddlier, lovelier and well fatherly-er? Modesty stayed with us till she got married some 8 years later, Unculu had left 6 years before.

PAWIAK!

Of evil and good

Whilst man can be capable of heartfelt selfless and incomparably magnanimous good, their propensity for unimaginable and abominable evil cannot be discounted.

In Poland, I had planned to see some of the machinations of the Nazi and Russian occupation of a country and people who for hundreds of years fought to gain self-determination and only just attained it in 1989 after the fall of Communism.

An English expatriate who sold up in England and moved to live in more affordable Poland offered to take me to a site that featured the deepest and darkest memories of man’s inhumanity to man.

Pawiak (Peacock) Prison

Pawiak Prison which was built by the Russians in the early 19^th century as a political prison and a entry point for Poles that would eventually be sent to the gulags of Siberia.

The Russians, Poles after their first independence 1918 and finally, the Nazis used this prison for all sorts of devilish inquisition and unspeakable torture.

The main elements of the sprawling prison that extended the whole length of the street above ground has disappeared as the perpetrators of evil tried to obliterate evidence of their deeds, but the underground cells have been converted into a museum now called the Mausoleum of Memory of Martyrdom and the Pawiak museum.

Memories, dark memories

As I approached the museum, memorial stones of groups that were persecuted in the prison lined the outer walls and there stood eerily, a tree without leaves – now replaced with a fibre-glass replica as the original tree is being infused with chemicals to give it a more enduring quality – with little posters which I later learnt to be obituary notices.

Down into the cellar, one long corridor with cells on either side where the occupancy of two was usually bumped up 14 in some cases. Spartan and barren those cells were, the social rooms were really communal places were people visited toilets in the presence of everyone else.

Refusing mental slavery

Then one room with relics of an age so palpable, rosaries made from hardened bread, poetry too grim and yet full of hope because of the enduring power of having breath to dream, to wish, to desire and above all pain able to keep true to a quest and aspiration for liberty and freedom.

This prison did not house criminals, rather, it was the minds and brains of Poland, the intellectuals, people who were emancipated who allowed their God-given ability for self-determination to gain ascendancy over the peasantry of the many who allow themselves to be lead by the nose by every trendy doctrine including the most heinous ones.

Like Bob Marley once sang - emancipate yourselves from mental slavery - no matter the cost as that is what makes us men and separates us from animals.

A death carnival of men

37,000 of these people perished in this prison and 60,000 were sent to concentration camps. Basically, totalitarianism and despotic regimes cannot countenance independent thought because it is the predisposed entitlement of men to live free of bondage and repression.

After signing the visitors’ book, I went into the main museum which showcased the many concentration camps that thrived in Poland – Auschwitz-Birkenau, Belzec, Chełmno, Majdanek, Sobibór, Treblinka and Warschau where 200,000 non-Jewish Poles perished at the hands of the Nazis.

Too much for me

When, I got to one end of this room, the back wall was filled with portraits of persons who were believed to have died in this prison, I could not look at anymore of the stuff in the museum again, I had to get out, it is unimaginable what went on in that prison over 60 years ago, thankfully, the doors or the walls could not talk, but places where innocent blood has been spilt can never keep silent and will never sleep.

I felt the weight of the place and the price that many paid for the freedoms we now take for granted and are ready to give up for the temporary safety from terrorism real and contrived.

Our duty to rise in honour

And we all citizens of this world, beneficiaries of this great emancipation of humanity from savagery to enlightened civilisation, who have hardly had to fight to the death for any of the rights we now enjoy denigrate the many who were sacrificed and martyred for the selfsame fundamental human rights subsuming our objectivity and logical analysis to accepting the patently unacceptable.

The illegal wars, the rape of Zimbabwe, the troubles in Darfur, the abuse of democracy in Nigeria, the plight of the Palestinians, the men who still seek freedom all around the world – all these take lightly the great sacrifices of fellow human-beings hardly a century before.

I sometimes wonder if we would ever learn from history not to commit the same mistakes, my visit to Pawiak convinces me that we have not, I do wonder what the eventual visit to Auschwitz-Birkenau would teach me.

Never forgotten

However, since men learnt to record events in writing, sketching and photography, we cannot wilfully ignore the realities of times past, the smiling guards, the medical staff and the suffering people – the history of mankind in a microcosm of evil.

To Pawiak memories and many places like this, we owe, if only a fraction, no matter how minuscule, our freedom to express ourselves.

Thank you!

The US does not torture

New rules to misrule

I would not know, but I would leave this to the great legal minds and dons that visit my blog, suppose that is a branch of legal jurisprudence that is called military law.

This is because outlawed outpost of Guantanamo Bay has presented a Military Commissions manual to be used for trying detainees in Camp Delta, the contents of which appear to satisfy elements of civil law and in others indicate a departure from standard and accepted legal practices where the threshold of evidence is as low as hear-say.

The evidence is awash with classified monikers that the patchwork of evidence the defence would have to work with would leave enough holds to make every trial unacceptably loaded against the accused bringing to close to just better than a kangaroo court.

Now, I am no legal expert, the views might differ, no so much by the letter of the law but by political persuasion where the right would contend that these provisions are the best that can be offered with regards to the sensitivity of the issues at hand and the left would contend that premise of innocence until tried and proven guilty is lost.

Some military lawyers already have misgivings about this manual which in the circumstances might have its progeny with the military junta of Myanmar, OK! That was a bit given to histrionics, my point is, and justice should not only be done, it should verifiably be seen to be done properly.

US does not torture

The other part of the evidence that would be most interesting to every civil and human rights activist is the implication that.

+ Some evidence might have been obtained under torture

+ Some evidence was obtained by coercion and is admissible as long as it was obtained before December 2005

The question then is, have these prisoners been tortured? They most certainly have, the spectacle of Abu Ghraib was an excerpt of the “Practical Guide to Obtaining Information” introduced by the commandant of Guantanamo Bay.

As for coercion, we can presume dunking which is the deliberate deprivation of air by pushing the full face into a liquid was not torture till at least December 2005 – avoiding gruesome detail – an activity that gets a full thumbs-up from vice-President Cheney, sorry, the less aggressive word is “water-boarding”, you would be forgiven for thinking it was as hip as skate-boarding.

Yes, “water-boarding” is a variant of dunking where rather than push the face into a liquid, facing upward and the body inclined with the head at the lower point, the gardener simulates a torrent of rain over the face that the gag-reflex creates a drowning sensation as the person almost enters the delirium of death.

However, we must hear the President out, “We do not torture”, he protests, they only use vital tools of elevated persuasion – I will not be good for politics, not with my mastery of semantics.

It would appear my concept of torture is hardly coercion in the eyes of those at the forefront of the war on terror in America. Judge for yourself, as we have been told, the US does not torture.

An admission in remission

The end does not justify the means

When President Bush yesterday admitted to the existence of CIA secret prisons along with the consideration that information obtained from certain of the imprisoned has since prevented terrorism attacks, I thought I could see in the background Niccolò Machiavelli being introduced as Press Secretary (Minister of Propaganda would be too 1930s to contemplate.).

The thought that hardened terrorists would voluntarily divulge information to Americans about plans they might have painstakingly arranged to bring ill to America does take a bit of imagination.

The Gitmo Workbook

In fact, the Abu Ghraib abuse which appeared routine as a means of warped entertainment and in reality blatant torture appears to have come of the Guantanamo Bay workbook since the man-in-charge there was brought in to toughen up the regime at Abu Ghraib.

Somehow, we just have found it difficult to believe protestations of Americans about not torturing their prisoners; caught in the web of the broad terror principle and this Machiavellian notion that subscribes to extraordinary rendition, the existence of Guantanamo Bay, the military tribunals and the unwarranted eavesdropping on Americans.

Immoral grounds

One by one, each of these has been completely discredited if not declared illegal, but we have torturously drawn water from stone as this admission now comes into the light of day.

One more admission is required, by whose authority was the CIA agents shopped to the press?

In all, everything that allows America to maintain the high moral ground in this war on terror has been lost to hubris and bluster, the former is the delusional confidence in the projection of American power and the other can easily be championed by Donald Rumsfeld.

Where truly we have been saved from some terrorist attack we are grateful for those mercies, however using the fear of terror to justify actions and activities that would not stand the scrutiny of basic terms of justice and fairness whilst we are continually stripped of our liberties for the sake of our supposed safety is nasty, unconscionable and Machiavellian – the end will never justify the means.

We have become our own terrorists

Why? Because we become the terrorists we are trying to fight, we deny ourselves the power of our democracies just as the terrorists would have liked to do and our so-called freedoms are rolled back into the bondage of a police state, worse than where those terrorists came from.

As it stands, the only leadership quality America now serves is in having funds and having guns, it is left to others to play the deft hand of real diplomacy in the New World Order.

Wading in Abu Ghraib

Mud glorious mud

Being one never to admit to having big feet the events that have been filling our screens and news feeds from the Iraqi rabbit hole has meant that only a wade would help one keep balance as the truth throws up more mud than the marriage banquet of King Hippopotamus.

Apparently, the despicable pictures of prisoner torture and humiliation are only the tip of the iceberg which could be as large as Antarctica. Pardon me for being given to uncensored hyperbole, but exaggeration in this case probably is just a poor imitation of reality.

The facts of the matter are clearly the following:

1. Junior ranks and contracted personnel involved in the preparation and interrogation of prisoners must have been following orders or set down procedure to get critical intelligence
2. Photos taken posed or not, served to thrill the perpetrators and their protagonists
3. If photos where taken, what was not taken and where was the line drawn?

Digital cameras are the rage

Anyway, the supposed candour of Mr Rumsfeld was a little short of acceptable sincerity on account of the fact that he continually riled the illegal publication of the photos rather than address without duplicity the cases of abuse.

Feigning ignorance of these volatile issues till they were so caught out, we now have a mass hysteria of contrition and apologies even the proposal for compensation - if the compensatees live to make a claim.

Keeping this review short, it is interesting to note that how Guantanamo bay plays into these events; it happens that the commandant of that legal black hole became a consultant to the interrogators in Abu Ghraib or even something more.

By comparison, we know about Abu Ghraib and the utterly sanctimonious acts of the British in Basra because of a modicum of press freedom and those persons who so annoy Mr Rumsfeld by taking pictures with their state-of-the-art digital cameras

We also owe it to ABCs 60 Minutes II who refused undue Pentagon interference to suppress the information we all should be been informed of a lot earlier by those who should have known better.

Guantanamo Reloaded

The only apparent court martials from Guantanamo Bay are related to intelligence breaches or espionage charges the irony of such discipline and adherence to all procedures for prisoners who are neither prisoners of war or covered by Geneva Conventions. Executive privilege holds sway of scrutiny by courts or independent review.

One cannot begin to imagine what the occupants in Guantanamo Bay experience in the light of the revelations in Iraq - one is tempted to say, we did have regime change but the same demons that possessed Saddam's cohorts in Abu Ghraib found new hosts in the Americans.

It goes to show that human beings are susceptible to base and primitive manipulation especially if you are of the first world and very American.

The Summer Collection

The families of the accused have probably missed the point by protesting the good-natured characters of their sons and daughters when back at home.

Not being one to cast aspersions on the dignity of such well meaning Americans following orders as one should in the forces - putting it all in perspective the hooded prisoner was just on a mini cat-walk showing off the Abu Ghraib summer collection.

The one on a leash was taking part in a commercial on how to pose with your dog - subjects for photography competitions have to be more radical and ground-breaking in these times.