ANTI-TORTURE ACT

Section 2: Acts of Torture.

2017Section 2 of 14Federal Republic of Nigeria

(1) Torture is deemed committed when an act by which pain or suffering, whether physical or mental, is intentionally inflicted on a person to-
(a) obtain information or a confession from him or a third person ;
(b) punish him for an act he or a third person has committed or is suspected of having committed ; or
(c) intimidate or coerce him or a third person for any reason based on discrimination of any kind.
when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity provided that it does not include pain or suffering in compliance with lawful sanctions.
(2) For the purpose of this Act, torture includes—
(a) physical torture, which refers to such cruel, inhuman or degrading treatment which causes pain, exhaustion, disability or dysfunction of one or more parts of the body, such as—
(i) systematic beatings, head-bangings, punching, kicking, striking with rifle butts and jumping on the stomach,
(ii) food deprivation or forcible feeding with spoiled food, animal or human excreta or other food not normally eaten,
(iii) electric shocks,
(iv) cigarette burning, burning by electrically heated rods, hot oil, acid, by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wounds,
(v) the submersion of the head in water or water polluted with excrement, urine, vomit or blood,
(vi) being tied or forced to assume fixed and stressful bodily positions,
(vii) rape and sexual abuse, including the insertion of foreign bodies into the sex organs or rectum or electrical torture of the genitals,
(viii) other forms of sexual abuse,
(ix) mutilation, such as amputation of the essential parts of the body such as the genitalia, ears or tongue and any other part of the body,
(x) dental torture or the forced extraction of the teeth,
(xi) harmful exposure to the elements such as sunlight and extreme cold,
(xii) the use of plastic bags and other materials placed over the head to the point of asphyxiation;
(xiii) the use of psychoactive drugs to change the perception, memory, alertness or will of a person, such as administration of drugs to induce confession or reduce mental competency, or the use of drugs to induce pain or certain symptoms of disease, or
(xiv) other forms of aggravated and deliberate cruel, inhuman or degrading physical or pharmacological treatment or punishment: and
(b) mental or psychological torture, which is understood as referring to such cruel, inhuman or degrading treatment calculated to affect or confuse the mind or undermine a person's dignity and morale, such as—
(i) blindfolding.
(ii) threatening a person or such persons related or known to him with bodily harm, execution or other wrongful acts,
(iii) confinement in solitary cells put up in public places,
(vi) confinement in solitary cells against their will or without prejudice to their security,
(v) prolonged interrogation to deny normal length of sleep or rest,
(vi) causing unscheduled transfer of a person from one place to another, creating the belief that he shall be summarily executed,
(vii) maltreating a member of the person's family,
(viii) causing the torture sessions to be witnessed by the person's family, relatives or any third party,
(ix) inducing generalised fear among certain sections of the population,
(x) denial of sleep or rest,
(xi) inflicting shame by stripping a person naked, parading him in a public place, shaving his head or putting marks on his body against his will, or
(xii) confinement in jails and prisons under intolerable and inhuman conditions or degrading mental treatment or punishment.

Cite this section

Section 2, ANTI-TORTURE ACT (2017).

https://repo.podus.ai/laws/anti-torture-act/section/2/