A human-rights organisation, Speak Out for Justice Advocacy Ltd/Gte (SOJA), has called for an independent investigation into the deaths of suspected illegal miners who died while in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
At least 37 detainees were reportedly among those arrested during enforcement operations conducted by the Niger State Command of the NSCDC around the M.I. Wushishi and Lukoto areas on September 15 and 16.
The deaths were discovered in the early hours of September 17, although conflicting reports have put the number of fatalities at either 33 or 37.
The NSCDC has confirmed that detainees died in custody but said the exact cause of death had not been established. The Corps said medical and laboratory examinations would be required to determine what happened and disclosed that a suspected disease outbreak was among the possible causes being investigated.
SOJA, however, said the uncertainty surrounding the deaths made an independent investigation necessary.
In a statement signed by its Founder and Executive Director, Hameed Ajibola Jimoh, the organisation said the fact that the deceased were suspects did not remove their constitutional rights to life, dignity and humane treatment.
SOJA said it would not assume that the deaths resulted from disease, overcrowding, poor ventilation, negligence, torture or any other factor, stressing that such issues should be determined through evidence.
The group also referenced an account by a survivor alleging that detainees were held in a poorly ventilated cell and experienced difficulty breathing before some of the deaths. It said the allegation was disturbing but required independent verification.
According to SOJA, the state assumes greater responsibility for the safety and wellbeing of anyone held in its custody.
The organisation stressed that efforts to tackle illegal mining and environmental degradation must be carried out within the limits of the law and should not undermine the rights of suspects who have not been convicted by a court.
It cited constitutional protections, the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and Nigeria’s Anti-Torture Act 2017 in support of its position.
SOJA said investigators should establish when the detainees were medically examined, whether any symptoms were noticed before the deaths, whether sick detainees were isolated and whether adequate ventilation, sanitation, food, water and medical care were provided.
It also called for clarification on whether detainees requested medical assistance and whether such requests were responded to promptly.
The organisation urged authorities to determine whether public-health agencies were notified about any suspected disease outbreak and whether surviving detainees and custodial officers could have been exposed to a communicable illness.
While welcoming the NSCDC Commandant-General’s decision to establish an investigative team, SOJA said an internal investigation should not be the only mechanism used to establish what happened.
It called for the participation of the Nigeria Police Force, National Human Rights Commission (NHRC), medical authorities, prosecutorial agencies and other independent institutions.
SOJA also demanded independent post-mortem examinations, proper preservation of forensic and medical evidence and the protection of the chain of custody of samples.
The organisation urged authorities to identify all those who died and promptly notify their families, providing them with accurate information about the circumstances of the deaths, medical findings and post-mortem results where applicable.
It further called for immediate medical screening of surviving detainees, treatment for those who are ill and improved ventilation, sanitation, food and water in the detention facility.
The group also urged authorities to provide detainees with access to legal counsel and communication with their families, while reviewing the legality and necessity of continued detention in each case.
SOJA asked the NHRC to visit the detention facility and independently assess the circumstances surrounding the deaths, saying its involvement could strengthen public confidence in the investigation.
The organisation also called for the preservation of detention registers, CCTV footage where available, medical records, admission records, cell inspection reports, duty rosters, incident reports and other relevant documents.
It said the conduct of officials involved in the detention should be examined and that anyone found culpable should face appropriate criminal or disciplinary proceedings.
SOJA stressed that the purpose of the investigation should be to establish the facts rather than find scapegoats.
It also called for a review of the legality and duration of the continued detention of the surviving suspects, saying allegations of illegal mining alone should not be used to justify detention outside the law.
The deaths occurred amid intensified government operations against illegal mining across Nigeria. Authorities have linked unauthorised mining activities to environmental degradation, revenue losses and other security concerns.
SOJA acknowledged the legitimacy of enforcing laws against illegal mining but maintained that security agencies must conduct such operations in accordance with the law.
The organisation urged the government to provide regular updates on the confirmed number of deaths, identities of the deceased, condition of survivors, medical findings and progress of the investigation.
It also called for the eventual findings to be made public and for measures to be introduced to prevent similar incidents in detention facilities.
SOJA said the investigation should determine not only what caused the deaths but also the circumstances surrounding the detainees’ treatment after they were taken into state custody.
The organisation said that if disease was established as the cause, authorities should determine whether the deaths could have been prevented. If unsafe detention conditions, negligence or criminal conduct contributed to the deaths, those responsible should be held accountable in accordance with the law.
It added that if an independent investigation found no wrongdoing, that conclusion should also be made public.
SOJA said the ultimate objective should be justice for the deceased, protection for surviving detainees, accountability where wrongdoing is established and reforms to prevent similar deaths in the future.
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