PROTECTING HUMAN RIGHTS IN TIMES OF INSURGENCY AND CIVIL DISORDER
these investigations concluded that the allegation of 185 extra judicial executions, was exaggerated and there was no documentary evidence to substantiate the allegations.
49. The Board reviewed all the videos received from AI and examined all the documents referenced in the report. It was observed that most of the documents that emanated from MNJTF during his tenure, contained information on NA troops and BHT casualties during encounters, movement of troops and logistics, and arrest of high profile BHT members.
50. The Board finds no document or audiovisual evidence, directly linking the officer to these allegations. As a result of this, the Board is unable to substantiate any of the allegations against the officer.
51. Brigadier General R O Bamigboye (rtd) was Commander 21 Brigade in Giwa Barracks and Land Component Commander from 22 February, 2012 to September, 2013. AI alleges that he was in charge of the barracks during the period when at least 5,000 detainees died in custody, and when torture and ill-treatment were used routinely.
52. The Board noted that most of the military documents used in the AI Report, originated during his tenure. However, it was confirmed that the officer was not directly responsible for the detainees, although he was the Cantonment Commander. The officer served directly under Major General JAH Ewansiha (rtd) who was the JTF Commander.
53. The Board is unable to separate this officer from the efforts by the JTF Commander, towards decongesting Giwa Barracks..
54. The Board further observed that in all the documents referenced in the AI report, and all videos reviewed, none contained any evidence to indict this officer. In view of this, the Board is unable to substantiate the allegations against this officer.
55. Major General L P Ngubane (Rtd) was Chief of Training and Operations (CTOP) in AHQ and later DHQ from 12 May, 2010 to 15 August, 2013. He was not mentioned specifically in any of the AI reports, but he voluntarily appeared before the Board to present his complaint.
56. He affirmed that he was nominated to attend the Senior Leadership Seminar in the USA in 2012. The keynote speaker at the event, held at the African Centre for Strategic Studies, Washington, criticised the NA on its poor handling of the war on terror in North East Nigeria.
57. He said he spoke out during the interactive session in defence of the NA, and insisted that the Nigerian Government was right to use the military to quell the insurgency. His submission was against the general perception of the organisers.
58. The senior officer said that he also led a fact finding team to Baga in April, 2013, following an allegation that the troops of Multi National Joint Task Force (MNJTF) killed 185 persons and burnt 3000 houses, and that the NA denied humanitarian agencies access to the city. The retired senior officer found this to be contrary to what he saw on ground, and refuted the allegation. This, according to him, seemed not to have gone down well with the United States Embassy officials.
59. The retired senior officer told the Board that, he had a meeting with the Deputy Assistant Secretary of State for Democracy, Human Rights and Labour of the USA State Department. The meeting was held on the 8 May, 2013, during which the US officials requested for a copy of the investigation report of the Baga incident, and the senior officer did not oblige them.
60. The senior officer informed the Board that his visa was suspended by the Embassy of the United States, because he defended the use of the military in fighting insurgency, while refuting the allegations of extra judicial killings and mass burials in Baga.
Summary of Findings 61. The Board finds that the current delay in the trials of Boko Harm detainees resulting in some cases in deaths in custody, is unacceptable and a denial of the rights to fair trial of the detainees.
62. The Board finds that the denial of access to legal representation or at least, visitation from legal practitioners including lawyers from the legal aid council, is a violation of human rights. Any attempt to justify this state of affairs, will trivialise the commitment of the NA to the respect of fundamental human rights.
63. The Board finds that the severely overcrowded cells and unsanitary conditions of some of the detention facilities visited, combined with the length of period during which the suspects have been detained, amounted to inhuman and degrading treatment. The deaths in the military detention facilities were mostly caused by sicknesses, due to overcrowding aggravated by poor ventilation, harsh weather, and poor sanitation.
64. The Board is concerned about the continued detention of large numbers of women and children, in Giwa Barracks Detention Facility. In particular, the Board notes that female detainees and children, have different mental, physical and emotional needs. The facility is unable to provide for these needs, or offer appropriate access to feminine hygiene products.
65. The Board is of the opinion that consideration should be given to releasing women and children, who prima facie cases have not been established, and whose presence are not required in the prosecution process, This would also reduce pressure on the medical and other resources of the facilities.
66. The uncoordinated approach to investigation, and the shortage of investigators especially in Giwa Barracks Detention Facility, leaves much to be desired. The Board is of the opinion that, the current composition of the JIC may not achieve the desired aim.
67. The Board notes AI reference to military documents, internal memo, video, photographs, satellite images as evidence of rights violations against military personnel. AHQ should consider the desirability of a forensic, legal and human rights audit of these documents and visuals.
68. The Board is of the opinion that, Op SAFE CORRIDOR could be resuscitated and modified, to provide opportunity for the insurgents to surrender.
69. The Board notes that the NA is currently involved in Internal Security Operations in all the 36 States of the Federation, including taking over ordinary police functions. This increasing visibility of the NA is directly responsible for allegations of rights violations. The AHQ should advice the Commander-inChief, on the need for fundamental police reforms, including developing the capacity of the Nigeria Police to respond effectively to law and order situations. This will enable the NA to focus on its core mandate.
70. The Board notes that, the SBOI is a creation of the AHQ. In the course of its consultations, there have been issues about the independence of the Board, and the capacity of the Board to thoroughly investigate all allegations of human rights violations against the Nigerian Military since 2011. In order to achieve closure of these allegations, the Board invites the AHQ to consider advicing the DHQ to engage the Presidency on the desirability of a Presidential Panel of Inquiry, to review all allegations of Human Rights Violations against the Nigerian Military.
Recommendations The Board recommends that Army Headquarters should:
71. Convene and institutionalise a quarterly ‘High Level Meeting on Access to Justice for the Insurgents’, for the purpose of creating a platform for enhanced coordination, better collaboration and cooperation among Federal Ministry of Justice and security institutions, with a view to decongesting detention facilities and facilitating speedy trials
72. Reengage the DHQ on the desirability of appointing a Military Human Rights Adviser, for the purpose of advicing the AHQ on human rights matters, and developing the capacity of the NA Human Rights Desks to conduct human rights investigations and human rights training for military personnel.
73. Hand over surrendered BH suspects including women and children with no case to answer, to their various State Governments, through a well- structured programme of deradicalisation towards reintegration into the society.
74. Request DHQ to resuscitate and modify Op SAFE CORRIDOR to accommodate more BHTs who surrender willingly, and a channel for deradicalisation and reintegration of suspects with no case to answer.
75. Continue to support collaboration with ICRC, NHRC and other relevant human rights groups, to further entrench human rights culture in the NA.
76. Allow lawyers from the NHRC and Legal Aid Council access to the BH Detainees.
77. Ensure that reports of investigations by HQ NACMP on human rights violations, are made public periodically.
78. Direct HQ TC/HQ 7 Div to ensure that all BHT suspects in Giwa Barracks Detention Facility, are profiled and their bio-data captured before admission into the facility.
79. Draw the attention of the HAGF to the plight of 103 BHT suspects presently detained in the Kirikiri Maximum and Medium Security Prisons.
80. Expand and re-equip the Giwa Detention Centre Medical Facility
81. Encourage AI to cover NA’s operational activities, but to take appropriate steps to verify their reports before publication.
82. Increase the number of MP handlers in Giwa Barracks Detention Facility, procure suitable vehicles and more handcuffs and leg chains for the military detention facilities.
83. Direct the immediate installation of CCTV cameras and a monitoring room at the Giwa Barracks Detention Centre, and repair the damaged ones at Wawa Detention Facility.
84. Request the IGP and CG NSCDC to deploy more of their personnel to IDPs camps in Yobe and Adamawa States, to relieve soldiers for operational deployment.
85. Engage the Ministry of Foreign Affairs on the desirability of holding formal discussions with the Diplomatic Community in Nigeria, about concerns of profiling Nigerian Military Personnel.
86. Direct HQ NAMC to ensure paediatricians and gynaecologists are available at medical centres of military detention facilities that have women and children.
87. Document all IS operations on video and in photographs, and ensure that arrest of civilians is done in line with laid down procedures.
88. AHQ is encouraged to make the major findings of this SBOI report public, to put the records straight.
89. Advice DHQ to engage the Presidency on the desirability of a Presidential Panel of Inquiry, to investigate all cases of human rights violations against the Nigeria Army.
"THE BOARD INVITES THE AHQ TO CONSIDER ADVICING THE DHQ, TO ENGAGE THE PRESIDENCY ON THE DESIRABILITY OF A PRESIDENTIAL PANEL OF INQUIRY, TO REVIEW ALL ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS AGAINST THE NIGERIAN MILITARY"