Falana Decries Prolonged Detention of Terror Suspects in Giwa Barracks

* Seeks arraignment for the indicted, release for the
innocent

Human rights activist and lawyer, Mr. Femi Falana, saturday
called on the Federal Government panel set up to investigate the
abuse of human rights concerning the prolonged detention without
trial of over 3,000 terror suspects in Giwa Barracks, Maiduguri,
Borno state, to arraign in court all the suspects who have been
indicted in terrorist activities, while the innocent ones should be
released from custody without any further delay.

Falana, in a release, urged the government panel to direct the
office of the Attorney-General of the Federation to liaise with the
Chief of Army Staff on the arraignment and release, and also to
investigate the circumstances of the death of many of the suspects
in custody and recommend the payment of compensation to the
affected families.

According to him, “Pursuant to section 35 of the Constitution of
the Federal Republic of Nigeria, 1999 as amended any person
arrested shall be arraigned in court within 24 hours if there is a
court within a distance of 40 kilometres.

“If investigation is not concluded and the person cannot be
brought to court within the stipulated period of 24 hours the
detaining authorities are required to apply to a magistrate court
for a remand order in line with the provisions of section 293 of
the Administration of Criminal Justice Act, 2015.

“We have established that over 3,000 terror suspects including
children have been subjected to detention for several months in
Giwa Barracks, Maiduguri, Borno state without trial. In spite of
the attention which the prolonged detention of the suspects has
attracted the federal government has not taken any concrete action
to restore the fundamental rights of the victims to personal
liberty” he stated.

Falana, in his release also noted, “In fact, both the Amnesty
International and the Panel set up by the Chief of Army Staff have
confirmed that the detainees are held in dehumanising detention
facilities. Consequently, several detainees have died in the
overcrowded cells. Not surprisingly, the Boko Haram sect had
attacked the detention centre for the purpose of releasing the
suspects. In the process of repelling the insurgents some of the
suspects were killed.

“In strict compliance with the Geneva Conventions and
International Humanitarian Law the detaining authorities ought to
have recognised the categories of the detainees and not lumped them
together in custody. In other words, direct participants in
hostilities; civilians who are indirect participants in
hostilities; and civilians who are non participants in hostilities
ought to have been kept in separate detention facilities.

“Worse still, children were kept together with adults in the
same cells. Thus, by failing to distinguish between civilians and
combatants involved in terrorist activities the principle of
distinction which is a corner stone of International Humanitarian
Law was violated by the federal government which is a party to the
Geneva Convention.

“Since the suspects have not been charged with any criminal
offence whatsoever many local and international human rights
agencies have repeatedly called for their release from custody.

“However, the calls have fallen on deaf ears even though no
explanation has been adduced for detaining the suspects without
trial. To that extent, the detention of the suspects cannot be
justified under section 35 of the Constitution and article 6 of the
African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004”
he added.

“In view of the foregoing, this Honourable Panel should
investigate the circumstances of the death of many of the suspects
in custody and recommend the payment of compensation to the
affected families.

“Furthermore, the Panel should direct the office of the
Attorney-General of the Federation to liaise with the Chief of Army
Staff with a view to arraigning in court all the suspects who have
been indicted in terrorist activities while the innocent ones are
released from custody without any further delay. Although the trial
of the suspects has since commenced in Minna, Niger State let us
join in the campaign to end official impunity in the country,”
Falana concluded.

* Seeks arraignment for the indicted, release for the
innocent

Human rights activist and lawyer, Mr. Femi Falana, saturday
called on the Federal Government panel set up to investigate the
abuse of human rights concerning the prolonged detention without
trial of over 3,000 terror suspects in Giwa Barracks, Maiduguri,
Borno state, to arraign in court all the suspects who have been
indicted in terrorist activities, while the innocent ones should be
released from custody without any further delay.

Falana, in a release, urged the government panel to direct the
office of the Attorney-General of the Federation to liaise with the
Chief of Army Staff on the arraignment and release, and also to
investigate the circumstances of the death of many of the suspects
in custody and recommend the payment of compensation to the
affected families.

According to him, “Pursuant to section 35 of the Constitution of
the Federal Republic of Nigeria, 1999 as amended any person
arrested shall be arraigned in court within 24 hours if there is a
court within a distance of 40 kilometres.

“If investigation is not concluded and the person cannot be
brought to court within the stipulated period of 24 hours the
detaining authorities are required to apply to a magistrate court
for a remand order in line with the provisions of section 293 of
the Administration of Criminal Justice Act, 2015.

“We have established that over 3,000 terror suspects including
children have been subjected to detention for several months in
Giwa Barracks, Maiduguri, Borno state without trial. In spite of
the attention which the prolonged detention of the suspects has
attracted the federal government has not taken any concrete action
to restore the fundamental rights of the victims to personal
liberty” he stated.

Falana, in his release also noted, “In fact, both the Amnesty
International and the Panel set up by the Chief of Army Staff have
confirmed that the detainees are held in dehumanising detention
facilities. Consequently, several detainees have died in the
overcrowded cells. Not surprisingly, the Boko Haram sect had
attacked the detention centre for the purpose of releasing the
suspects. In the process of repelling the insurgents some of the
suspects were killed.

“In strict compliance with the Geneva Conventions and
International Humanitarian Law the detaining authorities ought to
have recognised the categories of the detainees and not lumped them
together in custody. In other words, direct participants in
hostilities; civilians who are indirect participants in
hostilities; and civilians who are non participants in hostilities
ought to have been kept in separate detention facilities.

“Worse still, children were kept together with adults in the
same cells. Thus, by failing to distinguish between civilians and
combatants involved in terrorist activities the principle of
distinction which is a corner stone of International Humanitarian
Law was violated by the federal government which is a party to the
Geneva Convention.

“Since the suspects have not been charged with any criminal
offence whatsoever many local and international human rights
agencies have repeatedly called for their release from custody.

“However, the calls have fallen on deaf ears even though no
explanation has been adduced for detaining the suspects without
trial. To that extent, the detention of the suspects cannot be
justified under section 35 of the Constitution and article 6 of the
African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004”
he added.

“In view of the foregoing, this Honourable Panel should
investigate the circumstances of the death of many of the suspects
in custody and recommend the payment of compensation to the
affected families.

“Furthermore, the Panel should direct the office of the
Attorney-General of the Federation to liaise with the Chief of Army
Staff with a view to arraigning in court all the suspects who have
been indicted in terrorist activities while the innocent ones are
released from custody without any further delay. Although the trial
of the suspects has since commenced in Minna, Niger State let us
join in the campaign to end official impunity in the country,”
Falana concluded.