Torture is defined under the United Nations Torture Convention of 1984, Article 1; as that which involves "Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity." Actions which fall short of Torture may still constitute 'Cruel, Inhuman or Degrading Treatment' under Article 16 of the same Convention.
As can be gleaned from the above Article provision, every person has a right not to be tortured or treated in an inhumane or degrading manner which inflicts pain, suffering – mental or physical by or with the consent of a Public Official, which in the Nigerian milieu includes Law Enforcement agents, with the motive of obtaining a confession or information or even to intimidate such a person in the respect of any proceedings that is taking place or will take place in a court of law. This Right has been clearly safeguarded locally by the provision of the Section 34 of the 1999 Constitution of the Federal Republic of Nigeria and also the provisions of Sections 28 and 29 of the Evidence Act (2011). These Sections provide to the effect that every individual is entitled to respect for their dignity of person and as such no person shall be subject to any forms of torture or inhuman or degrading treatment; furthermore, the Evidence Act in Sections 28 and 29 provide to the effect that a confession obtained from an accused in a criminal proceeding would not be taken by the Court as relevant evidence where it was obtained by any inducement, threat or oppression. Oppression is defined in Section 29 (5) the Evidence Act (2011) to include "torture, inhuman or degrading treatment and the use of threat of violence whether or not amounting to torture". This is so, for the reason that such a confession would be seen to have been obtained involuntarily.
In our society today we see various forms of torture ranging from, use of hot irons on detainees, derivation of food and sleep, flogging, hanging detainee upside down and several sinister acts from members of the Armed Forces in the obtaining of information and or confessions from detainees.
It is but trite truth that any man who is in the position of tortuous pressure would say anything to spare himself of that suffering; this of course is the fore-background to why the Courts would not accept evidence from a prosecution which has been obtained by means of torture and inhumane treatment. A Shakespearian play 'Merchant of Venice', thus quotes; "Ay, but fear you speak upon the rack, where men enforced do speak anything" – In other words, where a man is but under such tortuous pressure, he would but say anything that would get him free.
Know Your Right.
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