CHAPTER ONE
INTRODUCTION
1.0 Background to The Study
The study of human rights and human rights violations are broad areas of concern. Inquiries into human rights, prison and prison reforms have assumed a new dimension and attracted great attention and currency in the world today. This is because the issue of human rights and prison congestion are among the concepts receiving global attention. There are certain rights that all human beings are entitled to in Nigeria. The rights guaranteed by the constitution are found in the Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217 A (iii) of 10 December 1948, and the African Union Charter on Human and Peoples Rights. The rights in the Nigeria’s constitution include:
• Right to Life;
• Right to dignity of the human person which encompass freedom from torture, cruel, inhuman and degrading treatment, slavery, servitude or forced labour;
• Right to personal liberty;
• Right to privacy and family life;
• Right to freedom of thought, conscience and religion;
• Right to freedom of expression;
• Right to fair hearing;
• Right to peaceful assembly and to freedom of association; and
• Right to freedom of movement.
In the case of Nigeria, these rights are enshrined in Section IV of the 1999 constitution and they constitute what are universally called first generation rights. The government is under obligation to provide and safe-guard these rights. If the government fails to safe-guard them, the citizen can seek redress in court because they are justiciable and enforceable. Furthermore, there are second and third generation rights that are not justiciable and enforceable. The second-generation rights are referred to as Fundamental Objectives and Directive Principles of State Policy. Such rights are contained in Section II of Nigerian constitution. They deal with matters like the provision of health care, education, employment, security, farming tools, etc. They are not justiciable and enforceable in Nigeria or other parts of the third world countries. This is mainly to forestall the likelihood of a litany of litigations.
The third-generation rights arise due to the over domineering nature and attitude of the developed nations in world affairs. This group of rights include agitation of the developing nations for rights to such things as right to development, equal recognition, right to culture, freedom from greenhouse emission, pollution-free environment, freedom from imperialism etc, as human rights. They are called third generation being the last to be demanded.
In countries like Nigeria human rights violations is a major problem that affects a substantial number of people. Governments after governments have consistently and persistently failed to observe and respect human rights. Hence, human rights violation today in Nigeria manifest many forms: extra-judicial killings; assassinations; ritual murders; violation of freedom of association and assembly; violation of freedom of expression and the press, etc. The first- and second-generation rights are violated differently. While the first-generation rights are violated at pre-trial and trial stages, second generation rights are violated due the government’s failure/inability to respect these rights. There rights violations that are of interest to this study: arbitrary arrest and detention; denial of bail; torture, cruel, inhuman and degrading treatment; and rights violations in prison in the form of indecent accommodation, poor feeding, absence of medical facilities, mixing of inmates, etc. The extent of the violations manifested in these areas identified has been reported to be high over the years (see Jarma, 2000; Ajomo and Akagbue, 1991; Adeyemi, 1974; Odekunle, 2000; CLO, 1990; CDHR, 2001, etc).
There are a large number of people that pass through the criminal justice system whose rights may not necessarily be protected and promoted as provided for by international instruments and the laws of the country. The safe-guards, both international and local, are many (see Universal Declaration of Human Rights: Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 18; Article 19, Article 20, Article 21, etc; Standard Minimum Rules for the Treatment of Offenders: Sections 15,16, 20, 21, 26, 38, 79, etc; African Union Charter on Human and Peoples Rights: Article 3, Article 4, Article 5, Article 6, Article 7, etc; Nigeria’s 1999 Constitution: Section 33, Section 34, Section 35, Section 36, etc; Nigerian Prison Service Standing Order Section 268). The provisions mainly focus on fair hearing and humane treatment of detainees.
