This Response deals with the general situation of prisons in Nigeria during the past few years. No specific information on prisons in the State of Osun could be found among the sources consulted by the Research Directorate.

Statistics

According to recent statistics, Nigeria has 147 to 150 prisons (Sunday Times 15 Mar. 2004; ICPS 19 Apr. 2004) and "83 satellite institutions" (ibid.). According to the International Centre for Prison Studies, a British non-governmental organization that advocates prisoners' rights, the prison population in Nigeria was 40,447 on 30 September 2003, that is, an average of 33 prisoners per 100,000 (ibid.). Country Reports 2003, for its part, estimated the number of persons in custody in Nigeria at 60,000 (25 Feb. 2004, Sec. 1.c).

However, one source reported that the number of prisoners has consistently fallen since 1996: there were 55,000 prisoners in 1996, 44,797 in 1999 and 33,368 in 2002-an overall decrease of 35 per cent during those six years (ICPS 19 Apr. 2004).

Prison conditions

Various sources indicated that overcrowding is the main problem in the Nigerian prison system (Sunday Times 15 Mar. 2004; Vanguard 27 Jan. 2004; P.M. News 15 Jan. 2004; Country Reports 2003 25 Feb. 2004, Sec. 1.c). The Nigerian newspaper Vanguard noted in its 27 January 2004 issue that the population at Kirikiri and Port Harcourt prisons totalled 1,800 each, but that these prisons were designed with the capacity for only 800 and 304, respectively. According to P.M. News, Kirikiri, Ikoyi and Badagry, three prisons in Lagos, were built with a capacity for 3,000 prisoners, but they actually hold twice that number; prisons in the State of Ogun with a capacity for 2,000 prisoners had populations of 5,500 (15 Jan. 2004). Country Reports 2003 estimated that "[s]ome prisons held 200 to 300 percent more persons than their designed capacity" (25 Feb. 2004 Sec. 1.e).

The problem of overcrowding in Nigerian prisons is compounded by the lack of basic facilities and poor sanitary conditions (Country Reports 2003 25 Feb. 2004; Sunday Times 15 Mar. 2004; AI 10 Feb. 2004). Reports described life-threatening conditions, such as a lack of drinking water (ibid.; Country Reports 2003 25 Feb. 2004, Sec. 1.c) and inadequate sewage facilities (ibid.). Prisoners were denied access to medical treatment (ibid.; AI 10 Feb. 2004; Sunday Times 15 Mar. 2004), and infectious diseases, such as tuberculosis and HIV/AIDS, were common (ibid.; AI 10 Feb. 2004).

Some sources described Nigerian prison conditions as "atrocious" (Sunday Times 15 Mar. 2004), "inhuman" (AI 10 Feb. 2004), "very poor" (HRW 2003), and "cruel and life-threatening" (Country Reports 2003 25 Feb. 2004, Sec. 1.c).

Pre-trial detention

Sources indicated that most inmates in Nigerian prisons are held awaiting trial (HRW 2003; Vanguard 27 Jan. 2004; ICPS 19 Apr. 2004; AI 10 Feb. 2004) and their proportion varies between 60 and 80 per cent (ibid.; HRW 2003; Vanguard 27 Jan. 2004). Amnesty International noted that "the average pre-trial waiting time in Nigerian detention centers and prisons varies from state to state, but it is rarely less than five years" (10 Feb. 2004). A 15 March 2004 article in the Sunday Times indicated that "death-row prisoners can be incarcerated for over 20 years while waiting for appeal hearings."

Treatment of prisoners

Some reports from non-governmental human rights organizations indicated that Nigerian prisoners are often subjected to ill-treatment and "torture" (HRW 2003; AI 10 Feb. 2004; ibid. Dec. 2002). In a December 2002 report, Amnesty International (AI) noted that suspects endured [Amnesty English version] "torture and cruel, inhuman and degrading treatment" while in custody at police detention centres. The same source reported the cases of four people who died after they were arrested and held in custody at police detentions centres; two were held at centres in the State of Enugu and the other two at centres in the city of Lagos (AI Dec. 2002). According to Human Rights Watch (HRW), "ill-treatment and torture of detainees were widespread" in Nigerian prisons (2003).

Specific information on political prisoners was limited among the sources consulted by the Research Directorate. Furthermore, correspondence from representatives of Human Rights Watch (HRW) and the International Centre for Prison Studies indicated that they did not have information of this kind (HRW 16 Mar. 2004; ICPS 22 Mar. 2004). However, recent sources reported that Buba Galadima, Chairman of the mobilization committee of the Conference of Nigerian Political Parties (CNPP), was arrested in Abuja on 29 April 2004 by officers from the State Security Services (SSS) (AI 30 Apr. 2004; Weekly Trust 1 May 2004; BBC 4 May 2004). According to Amnesty International, Buba Galadima is suspected of being involved in an anti-government protest, and [Amnesty International English version] "is being held incommunicado detention without charge and is at risk of torture or ill-treatment" (AI 30 Apr. 2004).

Some sources published in 1998 and 1999 noted that most political prisoners in Nigeria had been released (WRM Apr. 1999; BBC 25 June 1998; Washington Post 4 July 1998; CNN 2 July 1998). Country Reports 2003 indicated that "[t]here were no reports of political prisoners" in Nigeria (25 Feb. 2004, Sec. 1.e).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 30 April 2004. "Nigéria : craintes de torture, détention au secret. Buba Galadima (h), chef de file de l'opposition." http://web.amnesty.org/library/print/FRAAFR440132004 [Accessed 7 May 2004]

_____. 10 February 2004. "Nigeria: The Death Penalty and Women under the Nigeria Penal Systems." (AI Index: AFR 44/001/2004) http://web.amnesty.org/library/Index/ENGAFR440012004 [Accessed 7 May 2004]

_____. December 2002. "Nigeria. Forces de sécurité : au service de la protection et du respect des droits humains?" (AI Index: AFR 44/23/2002)

BBC. 4 May 2004. "Nigeria Politician in 'Coup Link,' One of Nigeria's Opposition Leaders Is Being Investigated Over Possible Links to Recent 'Security Breaches,' the State Security Services Say." http://news.bbc.co.uk/1/hi/world/africa/3682177.stm [Accessed 7 May 2004]

_____. 25 June 1998. "Nigeria Frees More Prisoners." http://news.bbc.co.uk/1/hi/world/africa/120433.stm [Accessed 6 May 2004]

CNN. 2 July 1998. "UN: Nigeria to Release All Political Prisoners." http://edition.cnn.com/WORLD/africa/9807/02/nigeria.01 [Accessed 6 May 2004]

Country Reports on Human Rights Practices for 2003. 25 February 2004. United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2003/27743.htm [Accessed 12 Mar. 2004]

Human Rights Watch (HRW). 16 March 2004. Correspondence sent to the Research Directorate.

_____. 2003. World Report 2003. "Africa: Nigeria." http://www.hrw.org/wr2k3/africa8.html [Accessed 12 Mar. 2004]

International Centre for Prison Studies (ICPS). 22 March 2004. Correspondence sent to the Research Directorate.

_____. 19 April 2004. "Prison Brief for Nigeria." http://www.kcl.ac.uk/depsta/rel/icps/worldbrief/africa_records.php?code=38 [Accessed 5 May 2004]

P.M. News [Lagos]. 15 January 2004. "40,000 Detainees Await Trial in Prisons." http://allafrica.com/stories/200401150666.html [Accessed 12 Mar. 2004]

Sunday Times [Johannesburg]. 15 March 2004. Festus Eriye. "Call for Nigeria to Reform 'Inhuman Jails.'" http://allafrica.com/stories/200403150295.html [Accessed 6 May 2004]

Vanguard [Abuja]. 27 January 2004. Chioma Obinna. "CLO Decries Living Conditions in Nigerian prisons." http://www.vanguardngr.com/articles/2002/southwest/sw127012004.html [Accessed 12 Mar. 2004]

Washington Post. 4 July 1998. James Rupert. "Nigerian Candidate to Be Freed." http://www.washingtonpost.com/wp-srv/inatl/longterm/nigeria/strories/nigeria070498.htm [Accessed 6 May 2004]

Weekly Trust [Kaduna]. 1 May 2004. Suleiman Mohammed. "Mass Action: Galadima, CNPP Top-Shot Still in Custody." http://allafrica.com/stories/200405030343.html [Accessed 7 May 2004]

World Rainforest Movement (WRM). April 1999. Bulletin No. 22. "Human Rights Abuses in Nigeria Continue." http://www.wrm.org.uy/bulletin/22/Nigeria2.html [Accessed 6 May 2004]

Additional sources Consulted

Publications: Africa Confidential, Africa Research Bulletin, Jeune Afrique/L'Intelligent, Resource Centre country file

.

Internet sites, including: Allafrica; Amnesty International, Dialog, European Country of Origin Information Network, Human Rights Watch (HRW), International Centre for Prison Studies, Nigeria Daily, ReliefWeb.