SPONSORED TORTURE

AN EXAMINATION OF STATE SPONSORED TORTURE: A COMPARATIVE ANALYSIS OF NIGERIA AND SOUTH AFRICA

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Abstract
State sponsored torture remains a serious human rights concern despite its clear prohibition under international and regional law. In Nigeria and South Africa, reports of torture by state agents, especially police and security personnel, continue to raise questions about respect for human dignity, the rule of law and accountability within state institutions. This study examines state sponsored torture through a comparative analysis of Nigeria and South Africa in order to understand why the practice persists and how both countries have responded to it. The study aims to examine the nature and justification of state sponsored torture and to assess the effectiveness of the legal and institutional frameworks designed to prevent it in Nigeria and South Africa. A doctrinal and comparative research approach is adopted, drawing on legislation, court decisions, international conventions, official reports and relevant academic writings. The study finds that although both countries have formally committed themselves to the prohibition of torture and have put legal safeguards in place, enforcement remains weak in practice. South Africa has recorded more progress, largely due to its strong constitutional culture and oversight mechanisms, while Nigeria continues to struggle with poor implementation of laws, limited accountability for offenders and deep rooted institutional impunity. In both jurisdictions, torture is still commonly justified on the grounds of security, crime control and public order. The study concludes that ending state sponsored torture requires more than legal prohibition. It demands genuine political will, effective oversight of security agencies and a culture of respect for human rights. The study recommends stronger institutional accountability, improved enforcement of existing laws and continuous human rights training as practical steps toward addressing torture in both Nigeria and South Africa
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