THE EFFECTS OF DETENTION ON CRIME SUSPECTSA CASE STUDY OF CRIME INVESTIGATION DEPARTMENT

(C I D)

KANO STATE POLICE COMMAND

BY

IDOKO GODWINNOU070033090

BEING A RESEARCH PROJECT SUBMITTED TO

THE SCHOOL OF ARTS AND SOCIAL SCIENCES,

NATIONAL OPEN UNIVERSITY OF NIGERIA

LAGOS, NIGERIA

IN PARTIAL FULFILMENT FOR THE AWARD OF

BACHELOR OF SCIENCE (B.SC) CRIMINOLOGY AND SECURITY STUDIES

NATIONAL OPEN UNIVERSITY OF NIGERIA,

LAGOS, NIGERIA

1

JULY, 2013

DECLARATION

I IDOKO GODWIN humbly declare that this work entitled: The

Effect of Detention on Crime Suspects, a Case Study of Crime

Investigation Department Kano State Police Command is as a result

of my research effort carried out in the School of Art and Social

Sciences National Open University under the supervision of Alhaji

Balarabe Baba Daradara. I further wish to declare that, to the

best of my knowledge and belief, it contains no materials

previously published or written by another person nor material

which to a substantial extent has been accepted for the award of

any other degree or diploma of any University or other institute

of higher learning, except where due acknowledgement has been

made in the text.

2

_________________________

Idoko Godwin

CERTIFICATION

This is to certify that this research project entitled: The

Effect of Detention on Crime Suspects, a Case Study of Criminal

Investigation Department Kano State Police Command was carried

out by Idoko Godwin in the School of Art and Social Sciences,

National Open University of Nigeria, Lagos for the award of

Bachelor of Science in Criminology and Security Studies.

3

___________________

Supervisor

Alh. Balarabe Baba Daradara

____________________

Programme leader’s Signature and date

ACKNOWLEDGEMENT

4

In realizing the success of this research work, I owe a huge debt

of appreciation for the contribution given to me by many people

morally, academically, financially, socially etc.

First of all, my deepest gratitude, appreciation and

praises goes to Almighty God for making my life a success.

My sincere gratitude goes to my Dad and Mummy chief and Mrs.

Matthew Idoko for their moral, religious and financial support,

they accorded me right from my childhood to what I am today. The

same extend to my Brothers Jolly, Raph, Spencer, Kisho, Peter and

Pau from them I have received a sense of inspiration, tremendous

moral and financial support throughout the duration of my

studies. 1 will forever, remain

Grateful to them for making everything worthwhile. While to my

striving siblings,

I pray that the Almighty God will see them through

I am most indebted to Alhaji Balarabe Baba Daradara, my mentor

and role model. His place in my book of record will forever

remain indelible. I am most grateful. Coincidentally too, he

doubled as my facilitator and supervisor. 1 am appreciative of

5

his kindness, especially his useful criticism regarding the

contents and arrangement of this work. As well as his good guide

on how best to put my limited resources to use, in order to

achieve my objectives. 1 say thank you sir!

Thanks are also due to my course mates for their perseverance.

And also to the other students in the faculty, 1 say to you all a

very big thank you. Also worthy of mentioning here are the entire

staff of NOUN Kano Study Centre especially Nasir Mudi for his

kindness and encouragement,

Finally, not left out and worthy, or mention here are the best of

my friends,

Ibro Paul Onuh Abdullahi Nuhu Lawal, Stanley Uja and others,

space would not permit me to mention you all. I am grateful to

every other person who contributed in one or the other to my

success in life. May God Almighty in His infinite mercies reward

you all abundantly,

______________________________

Idoko Godwin

6

ABSTRACT

This research study explain the effects of detention on crime

suspects, through the use of qualitative data collection, which

7

involve the use of in – dept interview of respondents from the

study area, official records and informal discussion. Based on

the findings of the research, majority of the respondents are of

the opinion that the way and manner they are detained has

negative impact in their lives. Physically, psychologically,

sociologically and otherwise.

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TABLE OF CONTENTS PAGES

Title

Page.............................................................

.......................i

Declaration .....................................................

............................ii

Certification ...................................................

............................iii

Acknowledgement..................................................

................iv -v

Abstract.........................................................

..............................vi

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Table of

contents ........................................................

...............vii

CHAPTER ONE

INTRODUCTION

1.1 Introduction/ Background of the study

1.2 Statement of the problem

1.3 Hypothesis / Research Question

1.4 Purpose of the study

1.5 Significance of the study

1.6 Scope of the study

1.7 Research method

1.8 Definition of terms

CHAPTER TWO

LITERATURE REVIEW

10

2.1 Introduction

2.2 Historical causes of the problem in the effect of detention

on crime suspects.

2.3 The police and detention of crime suspects.

2.4 Proffered solutions to the problem of police detention of

crime suspects

CHAPTER THREE

RESEARCH METHODOLOGY

3.1 Introduction

3.2 The study Area

3.3 Research design

3.4 Sample size and sampling

3.5 Data analysis

CHAPTER FOUR

DATA PRESENTATION, ANALYSIS AND FINDINGS

4.1 Data presentation and data analysis

4.2 Findings.

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CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 Introduction

5.2 Summary of work done

5.3 Conclusion

5.4 Recommendations

REFERENCES

APPENDICES

i. QUESTIONNAIRE

ii. BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER

ANY FORM OF DETENTION.

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CHAPTER ONE

INTRODUCTION

1.1 INTRODUCTION/BACKGROUND OF THE STUDY

In every society, there are norms and values, these norms

and values spell out the laws of the society. This is

necessary in order to promote peaceful co-existence among

the people and for a progressive society. Therefore those

who violate the set rules are termed deviants and as such

pose a threat for a harmonious co-existence in the society.

Deviance breaks social norms and values. It is a threat to

social order and should therefore be seen as dysfunctional

13

for society. Crime is seen as any deviance behaviour that

violates the social norm of the society. (Bohn (2002).

However every society has social control mechanism. These

are institutions set aside to keep and deviance behaviour in

check and so protect and ensure social order. (Haralambos

1980).

In Nigeria, we have different institution and organization

vested with the responsibility of ensuring that the society

rules and laws are obeyed and sanctions are enforced. The

institution saddled with these responsibility on behalf of

the society is known as the Nigerian Police Force. (Tamono

197).

The police according to Etannibi Alemika exist primarily to

promote harmony and security of life and property in

society. (Alemika 1993).

The Nigeria police as we know today is a product of colonial

administration. It was born out of a consular guard of

thirty – members formed in 1861 in Lagos colony which was

later transformed into the Hausa Constabulary in 1879,

14

because they were mainly recruited from among the Northern

ethic groups. The Royal Niger Company set up a constabulary

in 1888 in Lokoja. It was in 1896 that the Lagos Police was

established, while earlier in 1894 the Niger Coast

Constabulary was formed in Calabar.

When the final chapter of the amalgamation of Northern and

Southern Nigeria was completed in 1914. It was in 1st April

1930 that both the Northern and Southern police were merged

to form the Nigeria Police Force, a single police

organization in Nigerian with Lagos as the head quarters.

The essence of the British colonial effort to establish

Police Force in Nigeria is mainly for easy colonial

administration in serving the colonial government interests

and this formed the foundation of The Nigeria Police today.

Hill (1985).

From the beginning, their norms of behaviour were purely

colonial and alien to the African way of life, and in total

disregard to their traditional requirements. This fact was

reflected in colonial police training programmes, which the

15

members were expected to use in making the members of their

communities subservient. This observation has also been

brought out by Gololo (1993) a commissioner of police who

state that the Nigeria Police Force was never originally

conceived as a social service organization of people police

the nucleus force which were so formed could best be

described as government force in keeping law and order which

were imposed and sanctioned by the imperial authority backed

by force. The force carried out such duties like waging wars

against local chiefs who refuse to cooperate with British

officials, collection of market levies and taxes

performance, sanitary inspection and other duties which

creates fear and hatred in mind of the ruled.

In short, the early day Police Forces becomes agent of

terror to the members of the public hence the negative image

they had earned themselves and which had remained indelible

in the minds of the people till today despite all forms of

modern reforms

16

The Constitutional establishment of the Nigeria Police

Force is stated in Section 214 sub – section (1) of the

1999 Constitution of the Federal Republic of Nigeria:

“There shall be a Police Force for Nigeria which shall be known as The

Nigerian Police Force and subject to the provisions of this section no other

Police Force shall be established for the Federal or any parts thereof”.

The statutory functions of the Nigeria, Police as

embodied in Section 4 of the Nigeria Police Act (1943) as

printed in 1967 include:

- Prevention and detection of crime.

- Apprehension of offenders.

- Preservation of law and order.

- Protection of life and property.

- Enforcement of all laws and regulation with which they

are charged.

- Military duties within or without Nigeria as may be

required of them. (Police Act cited in Alemika EEO and

chukwma I.C ( 2000).

17

At the course of discharging their numerous functions the

police sometimes arrest and detain crime suspects in police

cells. But certain conditions surrounding the detainees and

their cells have to met in line with the Universal

Declaration of Human Rights, which provides for the right of

everyone to have the highest attainable standard of Social,

Physical And Mental health condition. This Universal

Declaration also provides the legal basis for states to

respect, protect and fulfill equitably in a non-

discriminatory manner towards the detainees as seen in the

“Body of Principles for the Protection of All Persons Under

Any Form of detention” United Nations General Assembly

Resolution 43/173. (See Appendix ii)

Therefore the study will focus on the Effects of Detention

on Crime Suspects, with the Criminal Investigation

Department CID Kano State Police Command as a case study.

1.2 STATEMENT OF THE PROBLEM

Although the Nigerian Police Force is aware of Universal

Declaration of Human Rights and Civic Right of citizens as

18

enshrined in the various UN declaration, Conventions and

Protocols. (Alemika 2005), the important questions to ask

is how effective has the Nigeria Police Force carried out

its role of detaining crime suspect in line with these

International Standards, Charters, Convention and Protocols

comparing these with the state at which crime suspects are

detained?

Judged by the yardsticks outlined in these various UN

Declaration, Protocols, Charters, Convention and Nigerian

Constitution, it has been clear to a majority of Nigerians

that the Nigeria Police Force falls short of optimum

performance relating to detaining crime suspects. Femi

Odekunle (2005)

There are major inadequacies, problems and obstacles that

are responsible for this situation.

Material inputs in terms of funding crime prevention,

detection, investigation and data gathering research needs,

are not only inadequate but are unrealistic as well .

19

The problem of corruption, brutality, poor recruitment

policy and indiscipline in the force can affect the manner

the police detain crime suspect which can hinder the

attainment of internationally and approved standard of

detaining crime suspects.

Another problem that can affect the detention of crime

suspects is the lack of coherent policing philosophy and

inherited practice which are grossly incongruous with

democratic police, values and expectation. In other words it

negates democratic idea rule of law and respect for citizens

including crime suspects

Having observed the problem and the facts about the problem

as it relates to causes, trend and patterns, there is need

to note that problem has resulted to some consequences.

The implication of the problem and its causes centers on

abuse of the fundamental human right of crime suspects. This

is true where crime suspects are detained in dehumanizing

conditions that fall short of National and International

provisions. Also crime suspects may suffer punishment even

20

before they are tried. This contravances Section 34 (5) of

the 1999 Nigeria Federal Constitution which states that:

“Every person who is charged with a criminal offence shall be presumed to be

innocent until he is proved guilty”.

In Nigeria, crime suspects in some instances suffer

punishment before investigation and trial is concluded. This

situation has led to lack of legitimacy of the police by the

citizens who sees and treat them as their enemies rather

than friends, their tormentors rather than protectors,

violators rather than enforcement of their rights. Alemika

(2006)

1.3 HYPOTHESIS/RESEARCH QUESTION

The study intended to address a wide range of issue

concerning the effect of detention on crime suspects in

Crime Investigation Department CID Kano State Police

Command. The research attempt to answer the following

question:

i. What is the power of detention possessed by the police?

21

ii. Is the power of detention exercised fairly by the

police?

iii. What is the impact of detention on suspects?

1.4 PURPOSE OF THE STUDY

The general aim of the study is to examine the impact of

detention by the police on suspect by selecting Crime

Investigation Department (CID) Kano Police Command as the

study area. Specific objectives of the study are:

i. To examine the power of detention possessed by the

police

ii. Analyses the impact of detention by the police

iii. Assess the impact of detention on suspects

iv. Make recommendation and suggest ways that will ensure

the proper use of power of detention by the police.

1.5 SIGNIFICANCE OF THE STUDY

This study is important in number of ways. Firstly, the

study will contribute to the general knowledge of policing

in Nigeria. In other words, the study will add to the

existing body of knowledge of policing in Nigeria.

22

Secondly, the study is important because it intends to

appraise the effect of detention on crime suspects in Crime

Investigation Department CID, Kano State Police Command and

to see how it meet up with National and International

standard.

Finally, the research has both theoretical and practical

significance to the study of the effect of detention on

crime suspects and it will serve as a reference material for

researchers that bothers on the impact of detention by the

police on crime suspect

1.6 SCOPE OF THE STUDY

In studying the effect of detention on crime suspects there

is need for us to identify the institution, arm or

organization which we will be considering. This is because

in Nigeria, issue of detention cuts across The Nigerian

Prison Service, The Nigeria Police Force and recent time The

Economic and Financial Crime Commission (EFCC)

23

However, our focus will be on the effects of detention on

crime suspects as it concerns the Nigeria Police Force using

the Crime Investigation Department CID as area of study. The

time frame for study will be between January to June 2013.

1.7 RESEARCH METHODS

This study will employ the method of qualitative data

collection which will also involve the use of both the

primary and secondary source of data collection. The

primary source involve the use of in-dept interview (IDI).

The main aim of the interview is to obtain detailed and

direct information. The study will also use official records

and informal discussion which are the secondary source of

data collection.

1.8 DEFINITION OF TERMS

For the purpose of this research, the following concept are

explained as used in the text, thus,

Crime: This is an act or omission which contravenes

stupefied laws in society, for which a punishment may

ultimately be prescribes by some government authority

24

Detention: This refers to a situation where a person is

enclosed in a particular area deprived of personal liberty

as a result of an offence he or she alleged to have

committed or by the action of an authority and under a

strict guard or armed men.

Effects: This refers to situation of getting feedback from

an action carried out

Suspects: These are persons who violates the law (s) in a

society but he/she is not guilty until proven other wise in

a court of law.

CHAPTER TWO

LITERATURE REVIEW

2.1 INTRODUCTION

In reviewing available literature on the effects of

detention on crime suspects, emphasis must be given to what

other scholars and researchers have opined as it relates to

the topic under study.

25

Doing this will enable us to know the historical causes of

the problem of ineffective and indiscriminate use of the

power of detention by the police and to present us with

knowledge of these problems and lastly a proffered solutions

advanced to solve it.

2.2 HISTORICAL CAUSES OF THE PROBLEM IN THE EFFECT OF DETENTION

ON CRIME SUSPECT

To start with, one might ask what is crime? In a strict

legal definition, however, a crime is a violation of the

criminal law, which is subsequently followed by legal

punishment. In original law, a crime is an act of omission

which attracts sanctions such as fine, imprisonment, or

even death. Dambazau (2011)

Durkheim define crime within a social context. He saw crime

as a social product determined by social conditions capable

of being controlled only in social terms. Crime is therefore

normal in all societies. According to Durkheim crime as an

act which offends the strong and defined state of collective

conscience (Durkheim 1933). This is basically the

26

Functionalist or Consensus view, which sees the society

functioning as an integrated, stable structure because of

agreement or consensus among its members on certain rules

and value recognized and respected by all. Shepherd (1981).

A crime is therefore, a violation of the rules agreed to be

respected by all members of the society, and upon which the

rest members of society mete sanctions upon those guilty of

violations Dambazau (2011).

From the foregoing, crime invites punishment. The police is

the arm of government that is charged with the

responsibility of ensuring punishment and conformity to laid

down laws.

Consensus- functionalist perspective in social theory,

portrays

state laws as products and expression of consensus among

the disparate classes and social groups in society over

norms governing their social, political and economic

institutions. According to this school of thought, the

Police being law enforcers are responsible for the

27

enforcement of laws that promote the common interests of

these different classes and groups. For example, in

democratic societies, John Aderson advocates that the police

should;

a. Contribute towards liberty and equality help reconcile

freedom with security and to uphold the rule of law.

b. Facilitate human dignity through upholding and

protecting human right pursuit of happiness. Provide

leadership and participation in dispelling crimogenic

social conditions.

c. Contribute towards the creation or reinforcement of

trust in communities. Strengthen the security of

persons and property and the feeling of security of

persons.

d. Investigate, detect and activate the prosecution of

offenders, within the rule of law.

e. Facilitate free passage and movement on highways and

roads and on streets and avenues open to public

passage.

28

f. Curb public disorder.

g. Deal with major and minor crises and help and advise

those in distress, where necessary activating other

agencies.

This is an idealistic vision of police role, which is

characteristic of Consensus – Functionalist perspective of

state and law as supra-class mediating and integrating

forces for harmonious existence in society.

Social conflict perspective in social theory postulates that

society is divided into groups and class with conflicting

interests in distribution of economic and socio-political

resources. It has therefore been argued that the police were

not created to serve society: or the people but to serve some

part of society and some people at the expenses of others.

Alermika (2006).

Police roles vary across societies with different political

and economic organizations for example it has been argued

that in capitalist societies. The main function of the

police has been to protect the property and well being of

29

those who benefit most from an economy based on the

extraction of private profit.

According to Bowden (1978) the roles of police include the

repression of the poor and powerless in order to protect the

interests of the rulers. To stand as a “buffer between elite

and masses”.

The social conflict theorist concentrate on the repressive

aspects of police work in a society characterized by class

conflict, underlined by unequal and inequitable economic and

power relation among groups in society. Their view explain

why the poor and the powerless are more likely to be victims

of detention than the elite is. Brodgen (1982).

2.3 THE POLICE AND DETENTION OF CRIME SUSPECTS

The setting up of the Nigeria Police Force was done with

specific functions accorded the police which will help in

determining the stability and social order of the society

for harmonious co-existence and social development.

30

The functions of the police as outlined in section 4

(General duties of the police) of the Police Act (2004)

includes the following.

- Prevention and detection of crime.

- Apprehension of offenders.

- Preservation of law and order.

- Enforcement of all laws and regulations with which they

are charged.

- Military duties within or without Nigeria as may be

required of them by or under the authority of the act

or any other act. (Police Act cited in Alemika EEO and

Chukwuma IC (2000).

Even though the functions of the Nigeria Police has been

outlined above, the Nigeria police cannot carry out these

functions without assuming legitimacy. Therefore legitimacy

can only be attained within the context of the law which has

empower the police. The Nigeria Police Force therefore have

powers vested on it whether by the Nigeria constitution or

by an Act of Parliament.

31

From constitutional provision, the constitution of the

Federal Republic of Nigeria 1999, Section 214 (1) states

that: “There shall be a Police Force for Nigeria, which shall be known as the

Nigeria Police Force and subject to the provision of this section no other Police

Force shall be established for the Federation or any part thereof”.

Furthermore, Section 214 (2) provides that “subject to the

provision of this constitution;

a. The Nigeria Police Force shall be organized and

administered in accordance with such provisions as may

be prescribed by an Act of the National Assembly.

b. The member of the Nigeria Police Force shall have such

power and duties as may be conferred upon them by law.

c. The National Assembly may make provisions for branches

of the Nigeria police force forming part of the armed

forces of the federation or for protection of Harbors,

Water Ways, Railways and Air Fields.

From the above constitutional provision, the powers of the

Nigeria Police Force is valid, guaranteed and established

based on Section 214 of the 1999 Nigeria constitution.

32

The Nigeria police force is further guaranteed by the

National Assembly’s act of police, also known as Police Act

(2004). Under this act the powers and establishment of the

police force is guaranteed in Part II Section 3 of the Act.

Therefore the power of the Nigeria Police Force is

constitutional and by an Act of National Assembly.

Apart from the power of the Nigeria Police as agent of

government as stipulated by the Constitution and the Police

Act the activities of the police ought to be backed up the

law. Since our focus is on crime suspects, what is /are the

powers of detention by the police in Nigeria?

Even though Part iv of the Police Act (2004) focuses on

powers of officers in relation to arrest, prosecutions,

warrant, summonses, search and detention, one would argue

that the power of the police to detain and search suspected

persons is under section 29 part iv of the Police Act

(2004). This provision therefore empowers the police to

search and detain suspected persons.

33

Even though section 29, part iv of the Police Act (2004)

provides the police with the power of detention, certain

provisions can serve as constraint in exercising this power

of detention.

Section 35 (1) of the 1999 Nigeria Constitution which is

based on Fundamental Human Rights, points to the fact that:

“Every person shall be entitled to personal liberty and no person shall be

deprived of such liberty”. However, there are exceptions where a

person who has been found guilty of committing a criminal

offence he/she loses such liberty.

Furthermore, Section 35 (4) and (5) provides for the prompt

release of detained person (s) within a reasonable time of

two days or longer as determine by the court. In other

words, the continuous detention of crime suspects without

trial or for more than two days without trial could serve as

constitutional constraints on police reports of detention.

Therefore, crime suspects with good knowledge of the law

could evoke these provisions constraining the police powers

of detention in the court of law.

34

Also section 36 (5) of the 1999 Nigeria constitution could

be a constrain on police power of detention. It stated that:

“Every person who is charge with a criminal offence shall be presumed to be

innocent until he is proved guilty”. By this provision, the very act

of detention on crime suspects by the police for more than

two days or the reasonable time as determined by courts

implies that the crime suspect is already declared guilty by

the police even without the court deciding so. Therefore

crime suspects with good knowledge of the law could evoke

this provision, constraining the police power of detention

in court of law.

Section 41 of the 1999 Nigeria Constitution provides for the

right to freedom of movement. Even though it is not

absolute. Section 41 (2) (a) provide for; “Imposing restrictions

on the residence or movement of any person who has committed or is

reasonably suspected to have committed a criminal offence in order to prevent

him from leaving Nigeria”. In other words, if the crime suspect

would reside within Nigeria, there is no need of detaining

such a person. Therefore crime suspects with good knowledge

35

of the law could also evoke these provisions constraining

the police power of detention in the court of law.

A suspect’s first contact with the criminal justice system

is with the police. The police can exercise tremendous

discretion in deciding who to arrest and who not to arrest

even though it is clear that a law has been violated. Poplin

(1978). It is in line with this argument that Member (1982)

observes “by law, the police is obliged to enforce all laws

and lawful commands even if it offends against the

fundamental right or liberty of the citizen, or was

blatantly design to silence on oppress those opposed to the

government”. He further advice that “the only place such a

citizen could enforce his/her constitutional right is the

court of law”

In as much as there is an increase in public awareness and

human right consciousness, there are still unwarranted

treatment and abuse of these rights in the police detention.

36

Alemika (1990) holds that not withstanding the enormous

progress and growth of Nigeria Criminal Justice System, it

can still be summarized as intimidation, brutalization and

incarceration of the poor. In other words, detention by the

police is oppressive and suppressive instrument. Even though

in colonial times, detention were enforced as part of the

designs of the British to ensure economic exploitation and

colonial domination. After colonialism, detention became

issue of class distinction which has become subject of

suppression and oppression of the poor. This is because most

crime suspects detained are of the lower class whose

accusation bothers on petty stealing, theft, house –

breaking, cheating etc.

PROFERED SOLUTIONS TO THE PROBLEMS OF POLICE DETENTION OF

CRIME SUSPECTS

The role of the police and how they perform them are

expressions of the character of the government in a society.

Alemika (2006) opines that it is unrealistic to expect a

police force in a authoritarian society to substantially

37

respect the socio-economic, political and civic rights of

citizens as enshrined in the various UN declaration,

Charters, Conventions and Protocols. This has made the

Nigeria police to be quick in detaining crime suspects even

though such persons have not been been tried and convicted

of the crime in question. Therefore, Alemika (2006) stated

that the public police and policing should meet to National

and International legal instruments on human rights policing

and treatment of persons under detention within the Criminal

Justice System.

Detaining crime suspects without trial for more than the

stipulated period can have its impact on the crime suspects.

The manifest implication on them could be physical,

psychological and social.

The physical pain, couple with a lot of deprivation and

torture could lead to stress and trauma on the suspect.

Detention in the police cell prior to prosecution and

conviction, frustrates the accused person. Detention can

aggravate human reactions and aggression, which are

38

frequently connected with a long history of prior

frustration in the life of the suspect.

Furthermore, after being detained for a period of time along

with others before being finally set free, one may likely

put to practice what he/she has learnt or acquire from co-

suspects. According to Sutherland (1939), crime is basically

a learned behaviour. People learn criminal behaviour through

contact with other criminals.

Another effect of detention on suspects is the issue of

stigmatization. Crime suspects are in most cases labeled as

criminals this may lead to rejection from many social

groups. And may encourage further deviance. Becker (1963).

When crime suspects are detained without trial, it suggests

that crime suspects are treated as criminals already by the

police. This can be seen from the Labeling Theory

Perspective.

Becker (1963) one of the early exponents of this theory

argues that social group creates deviance by making the

rules whose infraction constitutes deviance or criminal

39

behaviour and by applying those rules to particular people

and labeling them as outsider. Thus deviance is not a

quality of the act but rather a consequence of the

application and stigmatization by others on the suspects.

According to Stephens (2001) the implication of the labeling

theory is that, when the law has to intervene it should try

to avoid giving people a self – concept in which they view

themselves as criminals. Haralabous (2004). Furthermore,

that the labeling theory suggest how labeling can actually

increase offending by those determined to punish suspected

offenders.

From Alemika’s position (2006) crime is only a subset of all

behaviours that inflict harm or injury on all or most of

citizens. That subset is produced through the exercise of

political power by means of criminal law. The labeling

school of criminology describe crime as label imposed on a

given act and is actored by the state as social control

agents.

40

CHAPTER THREE

41

RESEARCH METHODOLOGY

3.1 INTRODUCTION

This chapter focuses on the method of data collection. It

deals with the various steps involved in the research

process. They include the study area, research design,

sources and method of data collection as well as sampling

techniques.

In this chapter also the size of the sample will be

mentioned and the characteristics of the respondents will be

evaluated and discussed. The reason for this details is to

enable the reader a greater level of reliability and

validity of the methods adopted in the study. More so it

creates an avenue for easy evaluation of the study towards

carrying out further research work in the area.

3.2 STUDY AREA

The study area simply refers to the area on which all the

study will be concentrated. (Bichi 2004)

The study area in this research is the Crime Investigation

Department. CID. Kano State Police Command. Kano.

42

3.3 RESEARCH DESIGN

Design of the study is plan, strategy and structure of

investigation conceived so as to obtain answers to research

questions and to control variance. (Odu 2002).

The phases to be looked into this area include the problems

to be studied, the sampling technique to be adopted, the

sample size to be taken from the population the instrument

used in the study (eg questionnaire, interviews, participant

observation etc) and the statistical measure for the

analysis of the study among others.

For the purpose of the research the two methods of data

collection will be used, namely: Primary and Secondary

sources. The primary source involves a direct process of

gathering information from the respondents which are carried

out through the instruments of questionnaire, through

observation and interview. We shall therefore elicit

information from the detained suspects using unstructured

questionnaire and interview. This way will enable the

43

researcher to have a personal contact with the respondents.

The choice of this instrument is also based on its relative

advantages in terms of cost and it reliability with respect

to relative ease in coding responses from which effective

representation can be guaranteed.

The unstructured interview method is referred to as face to

face interaction of collecting data between the interviewer

and the respondents (Osuala, 1982). The research however

used this method for easy elicitation of information from

detained respondents whose liberty and other basic rights

have been cased. The detained respondents in the police

cells could also find it easier to answer questions the

researcher might put to them rather than involving the in

writing as they might not be psychologically composed to do

so. On the other hand, similar unstructured questionnaire

was administered to the officers directly incharge with the

investigation of such detainees. This class of investigators

known as the Investigation Police Officers (IPOs) helped

the researcher by giving information pertaining to the

44

circumstances for detention length of detention, categories

of people detained, how frequent some suspects were detained

and what happened thereafter.

The secondary sources of date collection deals with

documentary source. For this reason, the researcher

collected ready made information pertaining to the number of

times a particular suspect has been arrested and detained

and probably charge to court. In line with this information

will be received from the Crime Recording Book of the

station. Also Police Detention Register referred to as the

Detainee’s Lock – up Register is consulted for evaluation of

facts and figures. The record also gave us an expeditionary

knowledge and information about the research.

3.4 SAMPLE SIZE AND SAMPLING

This study aimed at finding out the effect of police

detention on suspected criminals. Consequently the target

population for the study where the detained suspects, those

earlier detained but subsequently charge to court or

released on bail to be constantly reporting at the station

45

and to some extent the police within the station, charged

with the responsibility of investigation case.

The Criminal Investigation Department Kano State Police

Command, have on the average 10 suspects on a daily basis.

The research noted that women suspects are not always

detained more than necessary and are usually kept behind the

counter referred to as the open cells except in an extreme

case that are very serious in nature.

Based on the available number of respondents (ie 100

detained suspects) the researcher has a sizable number of

respondents for the study. The choice of this 100

respondents was made to enable the researcher have a

moderate sample size that will produce greater level of

representation of general opinion. It also enables the

detained suspects to have an exhaustive discussion on a face

level with the researcher. In the same manner, the police

officers directly involves in the investigation (IPOs) were

interviewed to enable us have a wider insight into the

study.

46

The sample selection procedure will be a combination of non

probability sampling. Due to the nature of information the

researcher wants to elicit from the respondents, the

purposive random sampling method was adopted for the

research. This had enable the researcher the use of

discretion to select a sample that is believed (based on

prior information) will provide the data needed. Fraenkel

and Wallen (1996).

3.5 DATA ANALYSIS

The raw data collected based on this study would have to be

processed and sorted out to make them more meaningful and

amenable for providing answers. Thus the researches will

adopt simple percentage as the statical measure. All data

collected will be converted into percentage for easy

interpretation of research findings. The decision to use

percentage is also based on the fact that it is less complex

and enables the research to avoid ambiguities prevalent in a

research of this nature.

47

CHAPTER FOUR

DATA PRESENTATION, ANALYSIS AND FINDINGS

4.1 DATA PRESENTATION AND DATA ANALYSIS

This section is aimed at the presentation and analysis of

the data collected through the instruments of both the in –

dept interview and the use of unstructured questionnaire. It

is therefore aimed at analyzing the effects of detention on

crime suspects in Crime Investigation Department Kano State

Police Command.

48

Here data are analyzed based on the responses from

individual suspects via administration of in – depth

interview. All the respondents responses are presented based

on the responses from the crime suspects. It is important at

this point to present the frequency distribution of these

respondents, by using figures and percentages on which data

obtained from the research are presented for easy

comprehension. It is material to mention that 100 detained

suspects were in detention and were covertly interviewed

using unstructured questionnaire.

TABLE 4.1: BACKGROUND OF RESPONDENT

NO. OF RESPONDENTS %

Age 15 -24 year 15 15%

25 -34 year 49 49%

35 – 44 year 25 25%

45 and older 11 11%

TOTAL 100 100

Sex Male 100 100%

Female - -

49

TOTAL 100 100

Marital

status

Single 63 63%

Married 37 37%

TOTAL 100 100

Educationa

l

background

None 5 5%

Non formal or

religious

8 8%

Primary 18 18%

Secondary 37 37%

Post –

secondary

12 12%

TOTAL 100 100

Nationalit

y

Nigeria 100 100

Non – Nigeria - -

TOTAL 100 100

Occupation Unemployed 45 45%

50

Background

Employees 35 35%

Self employed 20 20%

TOTAL 100 100

Religion Christianity 45 45%

Islam 45 45%

Others 10 10%

TOTAL 100 100

From the above table 4:1 on background of the respondents, the

interpretation shows that most crime suspects are between the

ages of 25 – 34 years. With 49 respondents representing 49% of

the total age-categories of crime suspects.The table also shows

that majority of crime suspects are male because the respondents

were 100 in the category representing 100%.

From the table most crime suspects are singles with 63

respondents representing 63% of marital status.

From the table most crime suspects fall under secondary school

category for educational background because 37 respondents are of

51

this category representing 37% of the total number for

educational background.

From the table most crime suspects fall under the unemployed

category for occupational background because 45 respondents are

of the category representing 45% of the total number of

occupation background.

From the table the crime suspects are all Nigerians because 100

respondents representing 100% are of Nigerian nationality.

From the table also most crime suspect practice Christianity and

Islam because they both have 45 respondents each representing 45%

each which translate to 90%.

TABLE 4.2: DURATION OF DETENTION BY THE POLICE

NO. Of

Respondents

%

How long were

you detained

1 day 10 10%

2 days 25 25%

More than

2 days

65 65%

52

TOTAL 100 100

From table 4.2 above on the duration of detention by the police,

the interpretation has show us that most crime suspect were been

detained for more than 2 days. The respondents under this

category are 65 representing 65% of total number.

TABLE 4.3: CONTACT WITH VISITORS

NO. Of Respondents %

Access to

your visitor

Yes 20 20%

No 80 80%

TOTAL 100 100

From the above table 4.3, most crime suspects have asserted

that they have been denied access to their visitors and were

held incommunicado while in detention. 80 respondents

representing 80% are of this position.

TABLE 4.4: POSITION ON DETENTION

53

NO. Of

Respondents

%

How do you feel

about your detention

Happy 5 5%

Sad 75 75%

Indiffer

ent

20 20%

TOTAL 100 100

From the above table, most crime suspects are not happy with

the manner of their detention by the Police. 75 respondents which

represent 75% of the total population are of this purpose.

TABLE 4.5: CONSIDERING IMPACT OF CELLMATES IN CELLS

NO. Of Respondents %

Considering many

cellmates as

nuisance/uncomfor

table

True 88 88%

False 12 12%

54

TOTAL 100 100

From the above table, most suspects are of the view that having

many people in the same cell can makes them uncomfortable. 88

respondents representing 88% of the total percentages agree with

this view.

TABLE 46: RELATIONSHIP WITH OFFICERS

NO. Of Respondents %

How is your

relationship

with the

officers

Good 6 6%

Fair 16 16%

Poor 78 78%

TOTAL 100 100

In the course of their detention, most crime suspects

consider the impact of their relationship with police officers as

poor. 78 respondents which represent 78% of the total percentage.

55

TABLE 4.7: RELATIONSHIP WITH CELLMATES

NO. Of Respondents %

How is your

relationship

with

cellmates

Good 12 20%

Fair 27 17%

Poor 61 61%

TOTAL 100 100

From the above table, 61 respondents representing 61% concluded

that their relationship with other cellmates are poor.

TABLE 4.8: OPINION ABOUT THE CELL

NO. Of Respondents %

Suspect

opinion about

the cell

Good 8 8%

Fair 18 16%

Poor 74 74%

56

TOTAL 100 100

From the above table, 74 respondents representing 74%

concluded in their opinion that the cell are in poor

conditions.

FINDINGS

This section is aimed at explaining and discussing the

result obtain based on what the researcher actually found.

According to criminologist, people between 25 to 34 years

falls within the criminal active-age bracket and are more

prone to criminal behaviour than people who are either

younger or older. Ologe (2004).

Men are more vulnerable to committing crime they are more

prone to violence and likely to be detained due to social

and cultural factors in our society.

Many criminologist have assumed that marriage helps reduce

crime because married people feel they have more to lose by

committing crime or tends to think about how their spouses

might react when deciding how to act in different

57

situations. Those who are married also spend less time in

situations that might lead to crime.

Crime suspects detained by the police are mostly people of

low educational background. They comprises of persons with

primary and secondary educational qualification.

A secular saying that say an idle mind is the devils workshop,

explain why the unemployed and idle individuals are

vulnerable to committing crime and likely experience

detention.

Most crime suspects are been detained for more than two

days. By interpretation, this has contravened the provision

of their Fundamental Human Rights as stipulated in the 1999

Constitution of the Federal Republic of Nigeria especially

Section 35(1), 35 (4), 35(5) and Section 36 (5). Article 6

and 7 of the African Charter on Human and Peoples Rights.

Furthermore, this has also contravened Principle 38 of “Body

of Principle for the Protection Of All Person Under Any Form

Of Detention (a UN General Assembly Resolution 43/173).” Of

which Nigeria is a signatory. See Appendix ii.

58

Most crime suspects have asserted that they have been denied

access to their visitors while in detention. Meaning that

there has been violation of their rights to visit by family

members, friends and loved ones. This has also contravened

Principle 19 of Body Of Principle for the Protection of All

Persons Under Any form of Detention (a UN General Assembly

resolution 43/173) of which Nigeria is a signatory. See also

Appendix ii.

Most crime suspects are not happy with the way and manner of

their detention by the police. In others words detention of

crime suspects by the Police contravenes their Human Rights.

A clear example is comparing Section 35 of the 1999 Nigeria

Federal Constitution with the way and manner the police

carry out detention of crime suspects. This also has

contradicted Principle 1 of Body of Principle for Person

Under Any Form of Detention, of which Nigeria as a

signatory. See also Appendix ii.

59

Most crime suspects are of the view that having many people

in the same cell can make them uncomfortable and therefore

impact negatively on them.

In the course of their detention, most crime suspects

consider the impact of their relationship with police

officers as poor. This may be due to brutalization and other

form of inhumane treatments they suffered from the Police.

The relationship with other cell mate which are poor and has

negative impact with regard to detention on crime suspects.

This could be as a result of overcrowding and poor condition

in the cell.

Most crime suspects are of the opinion that their

environments of detention weakens their personal condition.

The isolation from the outside-world and the disruption of a

life plan, lead to mental health impacts such as depression,

self-uncertainty and psychological stress as well as

physical health impacts such as decreased appetite and

varying degrees of insomnia.

60

CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 INTRODUCTION

In this final chapter, the researchers’ summary is done by

highlighting on the findings and main issues discussed. The

chapter also includes the conclusion and recommendations,

which the researcher feels if followed will further provide

us with a good understanding of the effect of detention on

crime suspects and offer us with proffered solutions.

5.2 SUMMARY OF WORK DONE

61

The summary of work done lays emphasis on summarizing the

finding the researcher had carried out on the effects of

detention on crime suspects.

It can be seen that most of the crime suspects detained are

between 25-34 years of age. They fall within the criminal

active – age bracket and are more prone to criminal

behaviour. Crime suspects detained by the police are

mostly; male, unmarriaged and of low educational background.

They are also unemployed individuals and mostly Nigerians

In the face of the law an accused person is presumed to be

innocent until his/her guilt has been proved beyond

reasonable doubt. But most detained person are held in the

police cell beyond the stipulated two days and as such

their Fundamental Human Rights has been abused. Since the

accused person is expected to be accorded with every right

which a normal party should enjoy.

The researcher have discovered that most detainees in the

police cell are denied contact with visitors including ;

family members and friends, personal medical attention and

62

right to counsel. This is contrary to section 36 (6)(c) of

the 1999 Nigeria Federal Constitution which state that;

Every accused person charge with a criminal offence is entitled to defend himself

in person or by legal practitioner of his/her own choice.

Most crime suspect are never happy with the way and manner

of their detention by the police. The cells are unconducive,

uncomfortable and over – crowded. There are issues of

brutalization and other form of in - human treatment by the

police. As majority of the suspects are of the opinion that

the environment of detention weakens their personal

condition, isolate them from the out side world, disrupt

their life plan, lead to mental healthy impacts such as

depression uncertainty and psychology stress as well as

physical health impact such as decrease appetite and varying

degree of insomnia.

5.2 CONCLUSION

The primary thrust of this study was anchored on the

assumption that the police are the custodians of the law of

63

the country. And as a result, they play enormous role in

enforcing the law of the Land. These roles make them

(Police) in valuable to the society and Criminal Justice

System as a whole. They are the hub of the whole Criminal

Justice without which the Judiciary and the Prison will not

adequately function. This is because they are the ones

directly involve in having contact with criminals or

suspected criminals.

Though Crime is generally a social phenomenon in all

societies. It becomes a social problem when it has acquired

a status of a higher magnitude in its consequences. People’s

lives and properties are not safe and unwanted destruction

of people’s properties and insecurity becomes the order of

the day.

As a result of the preceding, the laws of the land which

frown at such incidents become the guiding principles. And

the police being the watchdogs of the society begin to

arrest, detain and prosecute.

64

Crime as an act of deviance is defined by the society, the

suspects thus when arrested is labeled so. Otite (1994 p36)

notes that labeling suggests that the only difference

between criminals and non-criminals and the only

characteristics that criminals have in common, is that they

have been labeled criminals.

Thus, criminality is not a quality of the act a person

commits but rather a consequence of the application by

others of rules and sanctions as offenders.

The detention of suspected criminals in itself labels the

suspected persons as a criminal. The psychological

consequence of it is that such a person has been recorded as

being detained by the police. The confidence reposed in such

a person could gradually be eroded.

The various aspects of deprivations meted on such a suspect

cause such person some psychological trauma. The fear of

being accepted as an innocent person and how the confidence

once lost be regained becomes issue that will caused him

psychological pains.

65

Actually, in the police cell there are reasons to believe

that the suspects are unduly neglected. The feeding

arrangements are poorly made to the extent that some of

these suspects refused to eat the quality of food served

them. It is evident that these suspects are treated as non-

humans whose dignity, health and existences are of no use.

In most case, class position feature in detaining suspects,

while some suspects are kept incommunicado no matter how

little or minor their offences could be. Some are treated as

V.I.Ps while in police detention. The dividing line being

their economic power. But in all, majority of the

respondents opined that police detention has psychological

and sociological effect on the suspected criminals as

discovered in this research work.

From the foregoing, one cannot but conclude that the human

right constitutional provisions and other statutory

enactments are aimed at giving better and human treatment to

suspected criminals which the police should adhere to. The

sociological damage and psychological trauma caused on these

66

suspects are very great and invariably affects the nation.

Beaker (1963 p 63) affirms that deviant is one to whom that

label has successfully been applied. The police should not

treat the so labeled as condemned people.

5.3 RECOMMENDATIONS

In the light of the analysis findings of this study as well

as insight derived from the literature and against the

backdrop of these effects of detention on crime suspects,

the following recommendations are put forward as framework

for the restructuring and reforming of the effects of the

detention on crime suspects:

* The researcher will not hesitate to mention that prevention is

better than cure. In that respect, the police should adopt

preventive measures rather than proactive system where some

innocent people are arrested and treated as criminals. This

can be done by embarking on effective foot and vehicular

patrol to effectively deter criminals from carrying out

their nefarious activities.

67

* Also related to the above suggestion the police should

recruit and train more competent hands in order to properly

cover all the nooks and crannies of the cities where

criminal activities are more prevalent.

* The curriculum of Police Colleges and Academics should be

enlarged and upgraded to adequately deal with Human Rights

education and ethics of law enforcement officer.

* In order to enhance the effectiveness of the police, the

Nigeria Police should be well funded and equipped. This will

boast the morale of the officers, enhance their performance,

and promote positive evaluation of police by Citizens.

* Moreso the police should recruit highly educated citizens

who could develop ideas ahead of criminals. The force should

get rid of these uneducated illiterates which hold

tenaciously to the modus operandi that are not functional. By

this, the police should be organizing seminars to discuss

the current operational strategies of suspected or potential

offenders.

68

* The suspected criminals so arrested should be decently

treated. In doing so, the mutual respect for the police will

be held in high esteem in as much as the police are

courteous in dealing with the people.

*. Most importantly, it is proper and just if police could see

detention as the last resort. Monitoring of people from

their residents could be a better way to detention. Colson

(1980) reason that:

It is infact an utterly preposterous process to put human being in cages

like zoo animals, strip them of their dignity and decision making power,

allow their families to disintegrate, subject them to violence and

submerge them to corruption of all kind. – quoted in Alemika (1999).

* The government on its part should try to reduce the rate of

unemployed in the country. Researches have confirmed to it

that unemployment directly lead to increase in crime rate in

the society. If there is gainful employment for unemployed

graduate, better retirement benefit for all retired officer

both in the military and civil service, the rate of crime

will be drastically minimized.

69

* Human right education should be extended to the grass roots

and to all agencies involved in the administration of

Criminal Justice in Nigeria

* The national human right commission should be adequately

funded, made autonomous and empowered so that the commission

can perform its functions effectively

* Members of the public should be educated on the role and

powers of police.

* Several legislature initiatives are needed to promote police

effectiveness, civility and accountability and reduce police

brutality and inhumane treatment of suspects.

* The Police Act should be reviewed to bring it to conformity

with International Conventions and Principles, and the

Nation’s Constitutional provisions on human Rights, law

enforcement, Criminal Justice Administration and treatment

of offenders.

* The civil society organizations should create programmes and

mobilize the public against the abuse of authority/power,

brutality, incivility and ineffectiveness of the police.

70

Civil society institutions should maintain a strong

monitoring, research, training and advocacy capacity on

police work in the country.

* On a final note, the remuneration of the police should be

raised, to enable them carry out their heinous task of

combating crime in this ever changing society. The police

should also be equipped with modern crime detection

equipments.

This is also the position of Chibogo (1985, 1990) as he

summarizes these recommendations. According to him there is

need for a change in and of the system

The police should endeavour to change the present system as

to meet the dynamic nature of the society as the society now

emphasizes on human rights.

REFERENCE

A.B Dambazau (2011): Criminology and Criminal justice. Spectrum

Books Ltd Ibadan (Pg 48-52).

71

Alemika EEO (2006): Disorder and transformation of the Nigeria

criminal justice system. Inaugural lecture

series 30: 28 -31

Alemika EEO (2006): Police – Community Violence in Nigeria.

CLEEN Foundation Nigeria (Pg 15 -24)

Alemika EEO (1999): Criminology, Criminal Justice and Philosophy

of Policing. CLEEN Foundation Nigeria (Pg 54

– 59)

Alemika EEO (1990): Police force and policing in Nigeria.

Unpublished research university of Jos

Beckers H.S (1963): Outsiders’ studies in the sociology of

deviance. The free press New York: (pg 41-

50)

Bohn RM & Haley K.N (2002):Introduction to criminal justice

Nigeria Defense Academy press Kaduna (pg 49)

Chibogu N. (1985, 1990): Non Institutionalization of

Offenders and Crime Court. Paper at Seminar

by Department of Sociology and Anthropology

O.A.U Ile-Ife

72

Constitution of the Federal Republic of Nigeria (1999)

Denis E Polin (1978): Social Problem : Ark Publisher London

(pg 113)

Durkheim (1933): The division of labour in society. The free

Press New York (pg 28-48)

Femi odekunle (2005): An over – view of Policing in Nigeria,

ABU Press Zaria (pg 22- 30)

Fraenkel J.R and Wallen N.E (1996):How to design and evaluate

research in education. USA; Mc Graw – Hill,

(Pg 28)

Haralabos and Halborn (2004): Sociology: Themes and perspective.

6th Edition (pg 337-340)

Hamper – Collins: Criminology. Effects Publications London (pg

26-28)

Hill RS Maori (1985): Policing in Nineteenth Century. New Zea

Land. (pg 54)

John Alederson (1979): Policing freedom, London: Macdonald and

Evans (pg 11)

73

M Haralambos Sociology Themes and perspective, Oxford Uniersity

press RM Heald (1980): London (pg 411 – 420)

Membere C.F.L (1982): Standard Police Studies Manual volume 1:

Koda Publication limited Nigeria: (pg 29-35)

Otite (1994): Social Problems. Appleton century Inc New

York (pg 36)

Police Act (2004):

Professor K.O Ologe (2004): Geography of Nigeria CSS 134

National Open University of Nigeria Heinemann

Educational Books (Nig) Plc (Pg 44)

Shepard Jones (1981): Sociology. St Paul Mina: West publisher

(pg 113)

Stephen Box (2007): Recession, Crime and Punishment. Macmillan

publishers: London (pg 62)

Sutherland E.H (1939): Principles of Criminology.

Philadelphia , PA: Lippincott (pg 345 – 346)

T Bowden (1978): Beyond the limited of Law. Hammondsworth:

Penguin Book Ltd (pg 189 – 205)

APPENDIX i

74

QUESTIONNAIRE

Idoko Godwin: Researcher

Dear Respondent,

This study is design to determine the effects of police detention

on crime suspects. You are requested to please assist by

providing honest answer to the following questions. Your answers

to these questions will be highly appreciated and treated with

absolute confidentiality and will be used extensively for

academic purpose.

Thank you for your cooperation

SECTION A (PERSONAL INFORMATION)

1. Age

a. 15 – 24 year

b. 25 - 34 year

c. 35 – 44 yea

d. 45 and older

2. Sex [ ] Female [ ]

3. Educational background Primary [ ] Secondary [

] Tertiary [ ]

75

None [ ] none formal or religious [ ]

4. Marital status a. Single [ ] b. Married

[ ]

5. Nationality a. Nigeria [ ] b. none Nigeria

[ ]

6. Religion a. Christianity [ ] b.

Islam [ ]

c. Others [ ]

SECTION B

INFORMATION ON THE TOPIC (TICK OR COMPLETE THE GAP AS

APPROPRIATE)

7. When were you detained?_______________________________

8. For what offence were you detained?

__________________________

9. Have you ever been arrested before the last incident? Yes

[ ] No [ ]

10. How many times you have been detention in the Police

Station? Write in number [ ]

11. How many times you fed a day while in detention?

76

12. What is the quality of the food you were given? (a) very

good [ ] (b) good [ ] (c) poor [ | (d)

very poor [ ]

13. Are you allowed access to your people/visitors? Yes [

] No [ ]

14. How do you feel since you were detained? (a) happy

[ ] (b) sad [ ] (c) indifferent I ]

15. How many of you stay in the same cell on the average? [

]

16. What is your relationship with other cell mattes? _

17. How do you relate with T.P.O.?

18. How do you relate with other officers of the state?

19. On the whole, how do you compare the life in the cell

with outside world? (a) same [ ] (b) little

different [ ] (c) very different [ ]

20. What is your general opinion about the state of the cell?

______________________________________________________

21. What do you say about the offences you are being alleged

of?

77

a. Guilty [ ] b. Innocent [ ]

22. What do you think could make you stop being victim of

police arrest and detention?

___________________________________________

23. What is your suggestion for improving the relationship

between the police and detainees

_________________________________________________________

_____

_________________________________________________________

_____

78

APPENDIX ii

Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment

SCOPE OF THE BODY OF PRINCIPLES

These principles apply for the protecting of all persons under my

form of detention or imprisonment.

Use of the Body of Principles

For the purposes of the Body of Principles:

(a) Arrest means the act of apprehending a person for the alleged

commission of an offence or by the action of an authority;

79

(b) Detained person means any person deprived of personal liberty

except as a result of conviction for an offence;

(c) Imprisoned person means any person deprived of personal

liberty as a result of conviction for an offence;

(d) Detention means the condition of detained persons as defined

above;

(e) Imprisonment means the condition of imprisoned person as

defined above;

(f) A judicial or other authority means a judicial or other

authority under the law whose status and tenure should afford the

strongest possible guarantees of competence, impartiality and

independence.

Principle 1

All persons under any form of detention or imprisonment shall be

treated in a humane manner and with respect for the inherent

dignity of the human person.

Principle 2

80

Arrest, detention or imprisonment shall only be carried out

strictly in accordance with the provisions of the law and by

competent officials or persons authorized for that purpose.

Principle 3

There shall be no restriction upon or derogation from any of the

human rights of persons under any form of detention or

imprisonment recognized or existing in any State pursuant to law,

conventions, regulations or custom on the pretext that this Body

of Principles does not recognized such rights or that it

recognizes them to a lesser extent.

Principle 4

Any form of detention or imprisonment and all measures affecting

the human rights of a person under any form of detention or

imprisonment shall be ordered by, or be subject to the effective

control of, a judicial or other authority.

Principles 5

These principles shall be applied to all persons within the

territory of any given State, without distinction of any

81

authority under the law whose status and tenure should afford the

strongest possible guarantees of competence, impartiality and

independence.

TS under any form of detention or imprisonment shall in a humane

manner and with respect for the inherent: the human person.

fention or imprisonment shall only be carried out accordance with

the provisions of the law and by t officials or persons

authorized for that purpose.

11 be no restriction upon or derogation from any of n rights of

persons under any form of detention or nent recognised or

existing in any State pursuant to ntions, regulations or custom

on the pretext that this rinciples does not recognised such

rights or that it s them to a lesser extent.

of detention or imprisonment and all measures he human rights of

a person under any form of >r imprisonment shall be ordered fay,

or be subject to •e control of, a judicial or other authority.

principles shall be applied to all persons within the ry of any

given State, without distinction of any kind, such as race,

82

colour, sex, language, religion or religious belief, political or

other opinion, national, ethnic

or social origin, property, birth or other status.

2. Measures applied under the law and designed solely to

protect the rights and special status of women, especially

pregnant women and nursing mothers, children and juveniles, aged,

sick or handicapped persons shall not be deemed to be

discriminatory. The need for, and the application of, such

measures shall always be subject to review by a judicial or other

authority.

Principle 6

No person under any form of detention or imprisonment shall be

subject to torture or to cruel, inhuman or degrading treatment or

punishment.* No circumstance whatever may be invoked as a

justification for torture or other cruel, inhuman or degrading

treatment or punishment.

Principle 7

1. States should prohibit by law any act contrary to the

rights and duties contained in these principles, make any such

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act subject to appropriate sanctions and conduct impartial

investigations upon complaints.

2. Officials who have reason to believe that a violation of

this Body of Principles has occurred or is about to occur shall

report the matter to their superior authorities and, where

necessary, to other appropriate authorities or organs vested with

reviewing or remedial powers.

3. Any other person who has ground to believe that a violation

of this Body of Principles has occurred or is about to occur

shall have the right to report the matter to the superiors of the

officials involved as well as to other appropriate authorities or

organs vested with reviewing or remedial powers.

Principle 8

Persons in detention shall be subject to treatment appropriate to

their unconvicted status. Accordingly, they shall, whenever

possible, be kept separate from imprisoned persons.

Principle 9

The authorities which arrest a person, keep him under detention

or investigate the case shall exercise only the powers granted to

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them under the law and the exercise of these powers shall be. 1

subject to recourse to a judicial or other authority.

Principle 10

Anyone who is arrested shall be informed at the time of his

arrest of the reason for his arrest and shall be promptly

informed I of any charges against him.

Principle 11

1. A person shall not be kept in detention without being

given I an effective opportunity to be heard promptly by a

judicial I or other authority. A detained person shall have the

right I to defend himself or to be assisted by counsel as

prescribed I by law.

2. A detained person and his counsel, if any, shall receive

prompt and full communication of any order of detention, together

with the reasons therefore

3. A judicial or other authority shall be empowered to review as

appropriate the continuance of detention.

Principle 12

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There shall be duly recorded:

(a) The reason for the arrest;

(b) The time of the arrest and the taking of the arrested

person to a place of custody as well as that of his first

appearance before a judicial or other authority;

(c) The identity of the law enforcement officials concerned;

and

(d) Precise information concerning the place of custody.

2. Such records shall be communicated to the detained person,

or his counsel, if any, in form prescribed by law.

Principle 13

Any person shall, at the moment of arrest and at the commencement

of detention or imprisonment, or promptly thereafter, be provided

the authority responsible for his arrest, detention or

imprisonment respectively with information on and an explanation

of his rights and how to avail himself of such rights.

Principle 14

A person who does not adequately understand or speak the language

used by the authorities responsible for his arrest, Mention or

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imprisonment is entitled to receive promptly in a language which

he understands the information referred to in

principle 11, paragraph 2; principle 12, paragraph 1; and principle 13 and to have

the assistance, free of charge, if necessary, of an interpreter

in connection with legal proceedings subsequent to his arrest.

Principle 15

Notwithstanding the exceptions contained in principle 16, paragraph 4,

and principle 18, paragraph 3, communication of the detained or

imprisoned person with the outside world, and in particular his

family or counsel, shall not be denied for more than a matter of

days.

Principle 16

1. Promptly after arrest and after each transfer from one

place of detention or imprisonment to another, a detained or

imprisoned person shall be entitled to notify or require the

competent authority to notify members of his family or other

appropriate persons of his choice of his arrest, detention or

imprisonment or of the transfer and of the place where he is kept

in custody.

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2. If a detained or imprisoned person is a foreigner, he

shall also be promptly informed of his right to communicate by

appropriate means with a consular post or the diplomatic mission

of the State of which he is a national or which is otherwise

entitled to receive such communication in accordance with

international law or with the representative of the competent

international organization, if he is a refugee or is otherwise

under the protection of an intergovernmental organization.

3. If a detained or imprisoned person is a juvenile or is

incapable of understanding his entitlement, the competent

authority shall on its own initiative undertake the notification

referred to in the present-principle. Special attention shall be

given to notifying parents or guardians.

4. Any notification referred to in the present principle shall be

made or permitted to be made without delay. The competent

authority may however delay a notification for a reasonable

period where exceptional needs of the investigation so require.

Principle 17

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1. A detained or imprisoned person shall be entitled to have the

assistance of a legal counsel. He shall be informed of his

right by the competent authority promptly after arrest and

shall be provided with reasonable facilities for exercising

it.

2. If a detained person does not have a legal counsel of his own

choice, he shall be entitled to have a legal counsel assigned

to him by a judicial or other authority in all cases where the

interests of justice so require and without payment by him if

he does not have sufficient means to

Principle 18

1. A detained or imprisoned person shall be entitled to

communicate and consult with his legal counsel.

2. A detained or imprisoned person shall be allowed adequate

time and facilities for consultation with his legal counsel.

3. The right of a detained or imprisoned person to be visited by

and to consult and communicate, without delay or censorship

and in full confidentiality, with his legal counsel may not be

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suspended or restricted save in exceptional circumstances, to

be specified by law or lawful regulations, when it is

considered indispensable by a judicial or other authority in

order to maintain security and good order.

4. Interviews between a detained or imprisoned person and his

legal counsel may be within sight, but not within the hearing

of a law enforcement official.

5. Communications between a detained or imprisoned person and his

legal counsel mentioned in the present principle shall be

inadmissible as evidence against the detained or imprisoned

person unless they are connected with a continuing or

contemplated crime.

Principle 19

A detained or imprisoned person shall have the right to be

visited by and to correspond with, in particular, members of his

family and shall be given adequate opportunity to communicate

with the outside world, subject to reasonable conditions and

restrictions as specified by law or lawful regulations.

Principle 20

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If a detained or imprisoned person so requests, he shall if

possible be kept in a place of detention or imprisonment

reasonably near his usual place of residence.

Principle 21

1. It shall be prohibited to take undue advantage of the

situation of a detained or imprisoned person for the purpose

of compelling him to confess, incriminate himself otherwise or

testify against any other person.

2. No detained person while being interrogated shall be subject

to violence, threats or method of interrogation which impair

his capacity of decision or his judgment.

Principle 22

No detained or imprisoned person shall, even with his consent, be

subjected to any medical or scientific experimentation which may

be detrimental to his health.

Principle 23

1. The duration of any interrogation of a detained or

imprisoned person and the intervals between interrogations as

well as the identity of the officials who conducted the

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interrogations and other persons present shall be recorded and

certified in such form as may be prescribed by law.

2. A detained or imprisoned person, or his counsel when

provided by law, shall have access to the information described

in paragraph 1 of the present principle.

Principle 24

A proper medical examination shall be offered to a detained or

imprisoned person as promptly as possible after his admission I

to the place of detention or imprisonment, and thereafter medical

care and treatment shall be provided whenever •necessary. The

care and treatment shall be provided free of Barge.

Principle 25

A detained or imprisoned person or his counsel shall, subject

only to reasonable conditions to ensure security and good order

in the place of detention or imprisonment, have the right to

request or petition a judicial or other authority for a second

medical examination or opinion.

Principle 26

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The fact that a detained or imprisoned person underwent medical

examination, the name of the physician and the results of such an

examination shall be duly recorded. Access to such records shall

be ensured. Modalities therefore shall be in accordance with

relevant rules of domestic law.

Principle 27

Non-compliance with these principles in obtaining evidence shall

be taken into account in determining the admissibility of such

evidence against a detained or imprisoned person.

Principle 28

A detained or imprisoned person shall have the right to obtain

within the limits of available resources, if from public sources,

reasonable quantities of educational, cultural and informational

material, subject to reasonable conditions to ensure security and

good order in the place of detention or imprisonment.

Principle 29

1. In order to supervise the strict observance of relevant

laws and regulations, places

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of detention shall be visited regularly by qualified and

experienced persons appointed by, and responsible to, a competent

authority distinct from the authority directly in charge of the

administration of the place of detention or imprisonment.

3. A detained or imprisoned person shall have the right to

communicate freely and in full confidentiality with the

persons who visit the places of detention or imprisonment in

accordance with paragraph 1 of the present principle, subject

to reasonable conditions to ensure security and good order in

such places.

Principle 30

1. The types of conduct of the detained or imprisoned person

that constitute disciplinary offences during detention or

imprisonment, the description and duration of disciplinary

punishment that may be inflicted and the authorities competent to

impose such punishment shall be specified by law or lawful

regulations and duly published.

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2. A detained or imprisoned person shall have the right to be

heard before disciplinary action is taken. He shall have the

right to bring such action to higher authorities for review.

Principle 31

The appropriate authorities shall endeavour to ensure, according

to domestic law, assistance when needed to dependent and, in

particular, minor members of the families of detained or

imprisoned persons and shall devote a particular measure of care

to the appropriate custody of children left without supervision.

Principle 32

1. A detained person or his counsel shall be entitled at any time

to take proceedings according to domestic law before a

judicial or other authority to challenge the lawfulness of his

detention in order to obtain his release without delay, if it

is unlawful.

2. The proceedings referred to in paragraph 1 of the present

principle shall be simple and expeditious and at no cost for

detained persons without adequate means. The detaining

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authority shall produce without unreasonable delay the

detained person before the reviewing authority.

Principle 33

1. A detained or imprisoned person or his counsel shall have

the right to make a request or complaint regarding his treatment,

in particular in case of torture or other cruel, inhuman or

degrading treatment, to the authorities responsible for the

administration of the place of detention and to higher

authorities and, when necessary, to appropriate authorities

vested with reviewing or remedial powers.

2. In those cases where neither the detained or imprisoned

person nor his counsel has the possibility to exercise his rights

under paragraph 1 of the present principle, .ij member of the

family of the detained or imprisoned person or any other person

who has knowledge of the case may exercise such rights.

Confidentiality concerning the request or complaint shall be

maintained if so requested

by the complainant.

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4. Every request or complaint shall be promptly dealt with and

replied to without undue delay. If the request or complaint is

rejected or, in case of inordinate delay, the complainant shall

be entitled to bring it before a judicial or other authority.

Neither the detained or imprisoned personal nor any complainant

under paragraph 1 of the present

principle shall suffer prejudice for making a request or

complaint.

Principle 34

Whenever the death or disappearance of a detained or imprisoned

person occurs during his detention or imprisonment, an inquiry

into the cause of the death or disappearance shall be held by a

judicial or other authority, either on its own motion or at the

instance of a member of the family of such a person or any person

who has knowledge of the case. When circumstances so warrant,

such an inquiry shall be held on the same procedural basis

whenever the death or disappearance occurs shortly after die

termination of the detention or imprisonment. The findings of

such inquiry or a report thereon shall be made available upon

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request, unless doing so would jeopardize an ongoing criminal

investigation.

Principle 35

1. Damage incurred because of acts or omissions by a public

official contrary to the rights contained in these principles

shall be compensated according to the applicable rules or

liability provided by domestic law.

2. Information required to be recorded under these principles

shall be available in accordance with procedures provided by

domestic law for use in claiming compensation under the present

principle.

Principle 36

1. A detained person suspected of or charged with a criminal

offence shall be presumed innocent and shall be treated as

such until proved guilty according to law in a public trial

at which he has had all the guarantees necessary for his

defense

2. The arrest or detention of such a person pending

investigation and trial shall be carried out only for the

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purposes of the administration of justice on grounds and

under conditions and procedures specified by law. The

imposition of restrictions upon such a person which are not

strictly required for the purpose of the detention or to

prevent hindrance to the process of investigation or the

administration of justice, or for the maintenance of

security and good order in the place of detention shall be

forbidden.

Principle 37

A person detained on a criminal charge shall be brought before a

judicial or other authority provided by law promptly after his

arrest. Such authority shall decide without delay upon the

lawfulness and necessity of detention. No person may be kept

under detention pending investigation or trial except upon the

written order of such an authority, detained person shall, when

brought before such an authority, have the right to make a

statement on the treatment received by him while in custody.

Principle 38

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A person detained on a criminal charge shall be entitled to trial

within a reasonable time or to release pending trial.

Principle 39

Except in special cases provided for by law, a person detained on

a criminal charge shall be entitled, unless a judicial or other

authority decides otherwise in the interest of the administration

of justice, to release pending trial subject to the conditions

that may be imposed in accordance with the law. Such authority

shall keep the necessity of detention under review.

General Clause

Nothing in this Body of Principles shall be construed as

restricting or derogating from any right defined in the

International Covenant on Civil and Political Rights.

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