TORTURE : UNLAWFUL

[Olajire Deborah]

TORTURE
Torture in any form is totally frowned upon and disallowed by law. It is one of the acts declared as wrongful and unconstitutional, and heavily punished under the criminal as well as civil law.

Contrary to general belief, torture is not carried out only by the police or security agencies, but also by civilians. I was told by a victim of how he was tied up, both arms and legs, by a vigilante group on a complaint by another person in respect of a business transaction. Another person told of how he was tied to a tree for days like an animal, denied food and attention by a group of people intent on punishing him for an alleged criminality.

Torture is not only physical but could be psychological or emotional. We will, however, restrict ourselves to physical torture, which comes in various forms. The problem here is that most people who suffer grievous torture fail/neglect to make claims for this, even when the torture results in permanent injuries or incapacitation. Some bear this pain for life, and take it as God’s will. Some are even too timid to tell others what they suffered, for fear of reprisals.

Instances of torture include unlawful beating, whipping, denial of food or even medical attention. It includes any type of degrading and inhuman treatment which results in pain and suffering to the victim. It does not matter that the victim was indeed guilty of the allegation against him or that he is a criminal. Torture under any guise is unlawful and not allowed by law. A victim of torture is, therefore, entitled under the law to make claims for trespass to the person.

A form of torture which is rampart in our society is what the law calls trial by ordeal. This involves a situation where a person is alleged to have done some wrong, and he is then put through some ordeals in order to make him confess or admit to the crime. Such ordeals include beating/whipping with brooms for people accused of witchcraft, forcing the victim to drink poisonous substances or other concoctions, putting the victim through some rituals which are harmful, locking the victim in dreadful places, etc,. All these are wrongful and not permitted by law. A victim of any of these illegalities is entitled to claim damages against the perpetrators of the act.

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