HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

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1 HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment REFERENCE: AL NGA 5/2014: 22 August 2014 Excellency, We have the honour to address you in our capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions; Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolutions 26/12, 22/8, and 25/13. In this connection, we would like to bring to the attention of your Excellency s Government information we have received concerning alleged acts of torture and summary executions committed by members of the Nigerian military and the Civilian Joint Task Force (CJTF) in February, March and July According to the information received: On 14 March 2014, following the attack by Boko Haram on the military detention centre in Giwa Barracks in Maiduguri, more than 600 people, mostly recaptured detainees, were reportedly rearrested by the CJTF in Giddari Polo, near the Barracks and allegedly extra judicially executed in various locations across Maiduguri. The same day, members of the Nigerian military part of the 81 Battalion and CJTF allegedly slit the throats of several detainees before dumping them into an open mass grave. Out of 16 young men and boys, nine had their throats cut while the others were shot to death. Several of the armed captors were wearing military uniforms, one of which had the words Borno State Operation Flush emblazoned on the front. One of the guns registered 81BN/SP/407 is reported to be the property of the 81 Battalion and it has not been reported missing. On 23 July 2013 in Bama, frequently targeted in armed raids by Boko Haram and singled out by the Nigerian military as Boko Haram members, Nigerian military and CJTF from Maiduguri reportedly carried out a screening operation in the central market. They lined up all the adult men and forced them to take off their

2 clothes and to close their eyes. The adult men had been presented to a man who identified up to 35 of them as Boko Haram members. They were asked to lie down side by side on the ground and then were then beaten with sticks and machetes. Later on, they were loaded onto a military vehicle and taken away to the local military barracks in Bama. In the afternoon of 29 July, military personnel took the men out of the barracks and brought them to their communities where they shot them dead before dumping their corpses in different places around the town. It is also reported that during the severe attacks of the military in Kaduna state in July, Nigerian military may have killed twelve people who were in custody. They were from a mostly-shia sect led by Sheikh El Zakzaky and have been arrested after a peaceful protest, in which 21 other protesters, including two children, were also killed after the military opened fire on them. It is further reported that many communities have been living in constant fear of attacks by Boko Haram and other armed groups as they are sometimes believed to cooperate with the Nigerian military. In this regard, it is alleged that early in the morning of 19 February 2014, Boko Haram attacked Bama in the north-eastern Nigeria with improvised explosive devices and grenades leading to the death of almost 100 people and more than 200 being injured as well as extensive destruction and damage to homes and other buildings. Credible reports indicated that since the beginning of the year, more than 4,000 people have been killed in the conflict by the Nigerian military and Boko Haram, including more than 600 alleged cases of extra judicial executions following the Giwa Barracks attack on 14 March in Maiduguri. We express grave concern about the allegations of summary executions of more than 600 people, including recaptured detainees in Maiduguri. We are also concerned about allegations of torture and allegations of summary executions of adult men in Bama as well as the killing of twelve people in custody in Kaduna. Further concerns are expressed about the situation of people living in the north-east who have been accused by Boko Haram of cooperating with the military. While welcoming the investigations announced by the Defence Headquarters, we are further concerned about the alleged failure of the authorities to fairly investigate those acts through an independent and impartial body; and to prosecute and punish the perpetrators. Without prejudging the facts of the case, we would like to appeal to your Excellency s Government to seek clarification of the circumstances regarding the cases mentioned above. In connection to the above alleged facts and concerns, please refer to the Reference to international law Annex attached to this letter which cites international human rights instruments and standards relevant to these allegations. 2

3 It is our responsibility under the mandates provided to us by the Human Rights Council, to seek to clarify all cases brought to our attention. Since we are expected to report on these cases to the Human Rights Council, we would be grateful for your cooperation and your observations on the following matters: 1. Are the facts alleged in the summary of these cases accurate? 2. Has a complaint been lodged by or on behalf of the alleged victims? 3. Please provide the full details of any investigations and prosecutions which have been undertaken. Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators? If no inquiries have taken place, or if they have been inconclusive, please explain why. 4. Please indicate what protective measures are to be taken to ensure the life, as well as the physical and psychological integrity of the victims and their families. 5. Please indicate whether steps have been undertaken to provide compensation to the victims? We would appreciate a response within 60 days. While awaiting a reply, we urge that all necessary interim measures be taken to halt the alleged violations and prevent their re-occurrence and in the event that the investigations support or suggest the allegations to be correct, to ensure the accountability of any person responsible of the alleged violations. Your Excellency s Government s response will be made available in a report to be presented to the Human Rights Council for its consideration. Please accept, Excellency, the assurances of our highest consideration. Christof Heyns Special Rapporteur on extrajudicial, summary or arbitrary executions Ben Emmerson Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Juan E. Méndez Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 3

4 Annex Reference to international human rights law In connection with the concerns expressed in this letter, the following international human rights standards appear to be relevant: Articles 3 and 6 (1) of the Universal Declaration of Human Rights (UDHR) and article 6(1) of the International Covenant on Civil and Political Rights (ICCPR) ratified by Nigeria on 29 July 1993, which guarantee the right of every individual to life and security and provide that these rights shall be protected by law and that no one shall be arbitrarily deprived of his life. In addition, we would like to refer your Excellency s Government to Principle 4 of the Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, adopted by the Economic and Social Council resolution 1989/65 according to which it is incumbent upon States to provide effective protection through judicial or other means to individuals and groups who are in danger of extralegal, arbitrary or summary executions, including those who receive death threats. Principle 9 stipulates that there shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, while Principle 18 provides that Governments shall ensure that persons identified by the investigation as having participated in extra-legal, arbitrary or summary executions in any territory under their jurisdiction are brought to justice. We wish to recall also that the families and dependents of victims of extra-legal, arbitrary or summary executions shall be entitled to fair and adequate compensation within a reasonable period of time, pursuant to Principle 20. With regard to the allegations that Nigerian security forces may have participated in the killings of several civilians allegedly linked to Boko Haram, General Comment No. 6 of the Human Rights Committee stated that States parties should take measures to prevent arbitrary killing by their own security forces and recalled that the deprivation of life by the authorities of the State is a matter of the utmost gravity. Such allegations also appear to be in contravention with General Assembly resolution 68/178 and Human Rights Council resolution 25/7, which emphasize that States must adhere to international human rights while countering terrorism. With regard to the alleged failure to investigate the allegations of human rights violations by the Nigerian security forces, we would like to draw the attention of your Excellency s Government to the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/HRC/22/52, para. 28), which reminds States of their obligation under international law to promptly start an effective official investigation when a plausible allegation is made that public officials have committed (or been complicit in the commission of) gross or systemic human rights violations. 4

5 With regard to allegations of recurring attacks by Boko Haram, we would like to refer your Excellency s Government to the report on Framework principles for securing the human rights of victims of terrorism, in which the Special Rapporteur on the promotion and protection of human rights while countering terrorism reminds States of their obligation to protect and secure the right to life of its citizens which includes the duty to take appropriate steps to safeguard the lives of individuals within its jurisdiction (A/HRC/20/14, para. 67 (a)). We would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which your Excellency s Government ratified on 28 June In this context, we would like to remind your Excellency s Government of the absolute and non-derogable prohibition of torture and other ill-treatment as codified in article 1 of the CAT. We would also like to draw the attention of your Excellency s Government to article 2(2) of CAT, which provides that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture. In paragraph 18 of the General Comment No. 2 of the Committee against Torture (CAT/C/GC/2, 24 January 2008), the Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-state officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-state officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. We would like to draw the attention of your Excellency s Government to article 12 of the CAT, which requires the competent authorities to undertake a prompt and impartial investigation wherever there are reasonable grounds to believe that torture has been committed, and article 7 of the CAT, which requires State parties to prosecute suspected perpetrators of torture. In this context, we would also like to recall paragraph 7b of the Human Rights Council Resolution 16/23. 5