Drug: stakeholders criticise use of torture in correction

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Some stakeholders in Abuja have kicked against the use of torture and ill-treatment against people who abuse drugs.

The stakeholders, drawn from Nongovernmental Organisations (NGOs) and public agencies made this known at the presentation of the Briefing Paper on Torture and Ill-treatment against People who use Drugs in Nigeria.

The event, which held on Monday, was organised by African Law Foundation (AFRILAW) in collaboration with International Drug Policy Consortium (IDPC) and National Human Rights Commission (NHRC).

The Chief Executive Officer of AFRILAW, Mr Okereke Chinwike, decried the heightened levels of torture meted out to people who used drugs.

He said such people were often subjected to physical, mental, and sexual violence, particularly in the hands of law enforcement agents.

“From the information available, physical and other forms of torture are perpetrated by state law enforcement agencies include beating, starvation, prolonged solitary confinement, humiliation, and rape,

“There is also the gender aspect of the forms of torture with women who used drugs being disproportionately targeted through sexual violence.

“There are reported cases of torture of people who use drugs in closed settings that offer drug rehabilitation services, with a worrying trend reported in both religious centres and in certain state-run facilities,” he said.

Chinwike expressed concern that most survivors were unable to report cases of torture, while many allegations were not followed by a formal investigation.

African Representative of IDPC Maria-Goretti Logo noted that it was a fact that the criminalisation of drug use was a significant driver of policing and incarceration across the world.

Logo stated that there was no available data on the number of people arrested or incarcerated for drug offenses in Africa.

She noted that the United Nations Office on Drugs and Crime (UNODC) estimated that the number of people who use drugs in Africa would rise by 40 per cent in 2030.

Logo, therefore, said that the need to understand the consequences of criminalising people who used drugs in Africa was more important and urgent than ever.

“Punitive laws and policies continue to be used in many parts of Nigeria, resulting in the increase of arbitrary detention.

“The so-called war on drugs has resulted in a further increase in the perpetuating of torture for drug-related offences.

“This has failed to address the drug problem while violating human rights, undercutting public health, and wasting public resources.

“We need to recognise that when we criminalise activities such as drug possession for personal use, the enforcement of this law disproportionately impacts people who struggle the most in our society.

“We must act upon where efforts are most needed and effective by prioritising and investing in evidence and right-based policy and health interventions that focus on harm reduction,” she said.

The Executive Secretary, NHRC, Mr Tony Ojukwu, said social conditions such as lack of access to adequate healthcare, education, and homelessness were key contributors to drug abuse.

Ojukwu, represented by Mr Benedict Agu, the Head of the Monitoring Department of the commission, added that economic conditions such as unemployment often led to rise in the vulnerability of drug users.

According to him, the vulnerability in turn deprived individuals of the income, dignity, and voice to demand and defend their rights.

He gave the assurance of the commission’s commitment to continue to protect the rights of Nigerians.

The Director-General of the National Drug Law Enforcement Agency (NDLEA) retired Brig.-Gen. Buba Marwa, said drug users were recognised as victims of drug cartels.

Marwa, who was represented by the Director of Prosecution and Legal Services, Mr Joseph Sunday, noted that the agency “does not take abusers to court”.

He said the agency was working in collaboration with the Ministry of Health for proper counseling for drug users.
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“NDLEA is working in collaboration with UNODC on guidelines on the consent of drug users.

“This is because the agency does not force individuals to rehabilitation, as they have to appreciate that they have a problem and were ready to be helped,” he said.

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