DEATH OF 33 MINING SUSPECTS IN NSCDC CUSTODY: SOJA DEMANDS INDEPENDENT PROBE

By: Michael Mike

The deaths of at least 33 persons arrested over alleged illegal mining activities in Niger State have triggered fresh demands for an independent investigation into conditions inside the custody of the Nigeria Security and Civil Defence Corps (NSCDC).

Speak Out for Justice Advocacy Ltd/Gte (SOJA), a human-rights organisation, yesterday called for a transparent probe into the deaths, insisting that the fact that the deceased were suspects could not extinguish their constitutional right to life, dignity and humane treatment.

The organisation’s demand came amid conflicting reports over the number of persons who died after being arrested during enforcement operations conducted by the Niger State Command of the NSCDC around the M.I. Wushishi and Lukoto areas of the state on September 15 and 16.

The deaths were reportedly discovered in the early hours of September 17.

While reports have cited different figures, SOJA noted that the exact number of fatalities remained unresolved, with reports putting the toll at either 33 or 37.

The NSCDC has confirmed deaths in custody but said the precise cause of the fatalities had yet to be established, adding that medical and laboratory examinations were necessary to determine what happened.

The Corps has also announced an investigation into the incident and indicated that a suspected disease outbreak could have been responsible for the deaths.

However, SOJA, in a statement signed by its Founder and Executive Director, Hameed Ajibola Jimoh, yesterday, argued that the uncertainty surrounding the cause of death made an independent investigation imperative.

The organisation said it would not prejudge whether the deaths resulted from disease, overcrowding, poor ventilation, negligence, torture or any other factor, stressing that those questions must be settled by evidence.

It said a survivor’s account alleging that detainees were packed into a poorly ventilated cell and experienced difficulty breathing before some of the deaths was disturbing, but emphasised that the allegation also required independent verification.

According to SOJA, the fundamental issue was that the deceased were in the custody and under the control of a state security institution at the time they died.

“Once the State takes a person’s liberty into its custody, the State assumes a heightened responsibility for that person’s life, safety, health, dignity and humane treatment,” the group said.

It maintained that the fight against illegal mining, environmental degradation and associated criminality could not justify the abandonment of constitutional safeguards.

The organisation drew attention to the distinction between persons suspected of committing offences and those convicted by a competent court, noting that the individuals arrested in Niger had been described as suspected illegal miners and had not been convicted.

It cited the constitutional protection of life as well as provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR), which protect the rights of persons deprived of liberty and require humane treatment.

SOJA also invoked Nigeria’s Anti-Torture Act 2017, saying the law places obligations on government to safeguard the rights of suspects, detainees and prisoners and prohibits their subjection to physical harm, violence, threats and intimidation.

The organisation, however, was careful not to characterise the Niger deaths as torture or murder, saying such conclusions could only be reached after the facts had been properly established by competent authorities.

It argued that even if a disease outbreak was ultimately found to have caused the deaths, the investigation would still need to determine whether adequate precautions and medical interventions had been taken.

Among the questions it said investigators should answer were when the detainees were medically examined, whether symptoms had been observed before the deaths, whether sick persons were isolated, whether the detention cells were adequately ventilated and whether sufficient sanitation, water, food and medical care were available.

It also demanded clarification on whether detainees had requested medical assistance and, if so, whether their requests were acted upon promptly.

SOJA further called for investigation into whether relevant public-health authorities had been notified and whether surviving detainees and custodial personnel had been exposed to any communicable disease.

While welcoming the decision of the NSCDC Commandant-General to establish a high-powered investigative team, the group said an internal investigation by the institution whose conduct was under scrutiny should not be the sole mechanism for determining what happened.

It urged the Nigeria Police Force, National Human Rights Commission (NHRC), medical authorities, prosecutorial bodies and other relevant independent institutions to participate in the investigation within their statutory mandates.

“Where evidence suggests criminal conduct, the matter must proceed beyond an administrative report,” SOJA said.

The organisation also called for independent post-mortem examinations of the deceased, proper preservation of medical and forensic evidence and maintenance of the chain of custody of relevant samples.

It urged the authorities to establish the identities of all those who died and ensure that their families were promptly informed.

Families, it said, should be given accurate information about the identities of the deceased, the time and place of death, medical findings, post-mortem results where applicable, circumstances preceding the deaths and arrangements for the release of remains.

SOJA also raised concern about the detainees who survived, demanding immediate medical screening, treatment for those who are ill, isolation where medically required and improved ventilation, sanitation, food and water.

It further called for legal counsel and family communication for detainees in accordance with the law, as well as an immediate review of the legality and necessity of continued detention of each surviving suspect.

The organisation urged the NHRC to urgently visit the relevant detention facility and independently examine the circumstances surrounding the deaths.

It said the Commission’s involvement would help strengthen public confidence in the process, particularly because the incident involved deaths of persons while under the control of a state security agency.

SOJA also demanded preservation of detention registers, CCTV footage where available, medical records, admission records, cell inspection reports, duty rosters, incident reports and relevant communications that could shed light on the events.

It said the conduct of every official connected to the detention and deaths should be examined and that anyone found culpable should face appropriate criminal or disciplinary proceedings.

The organisation stressed that accountability should be based on evidence and due process rather than a search for scapegoats.

“The objective is not to find a scapegoat. The objective is to establish the truth,” it said.

It further called for a review of the legality, duration and procedural basis of each detainee’s detention, saying that continued detention could not be justified merely by allegations of illegal mining.

The controversy comes against the backdrop of intensified government efforts to curb illegal mining across Nigeria, where authorities have increasingly linked unregulated mining to environmental degradation, loss of public revenue and other security concerns.

Security agencies, including the NSCDC, have continued to conduct operations against suspected illegal miners and other actors involved in unauthorised exploitation of the country’s mineral resources.

SOJA said such enforcement remained legitimate but insisted that law-enforcement operations must themselves be conducted within the framework of the law.

The organisation said the government must provide periodic factual updates on the number of confirmed deaths, identities of the deceased, condition of surviving detainees, medical findings, scope and composition of the investigation and any criminal proceedings arising from the incident.

It also called for publication of the eventual findings and implementation of measures to prevent similar deaths in detention facilities.

SOJA said the central question should go beyond determining what killed the detainees to examining what happened to them after they entered state custody.

“If they died from disease, tell the nation the truth and establish whether their deaths were preventable,” the organisation said.

“If they died because of unsafe detention conditions, establish responsibility. If negligence contributed to their deaths, hold those responsible accountable. If criminal conduct occurred, prosecute those responsible in accordance with law.”

It added that if an independent investigation established that no wrongdoing occurred, that conclusion should equally be made public.

The group concluded that the deaths should not become another unexplained statistic, calling for “justice for the dead, protection for the living, accountability for wrongdoing and reform to prevent recurrence.”

DEATH OF 33 MINING SUSPECTS IN NSCDC CUSTODY: SOJA DEMANDS INDEPENDENT PROBE