What is secret society in Nigeria

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REASONS FOR DECISION:

I. Procedure:

The complainant, a citizen of Nigeria, applied for international protection on August 16, 2015. When first interviewed by public security organs on the same day, he said that he had left Nigeria for fear of a secret cult called "Blue Birds". He did not want to join the secret cult, which is why they wanted to kill him. He had already been injured by cult members with a knife and a piece of wood.

On October 3, 2017, the complainant was questioned in writing by the Federal Office for Immigration and Asylum (hereinafter: BFA) using an English interpreter. The complainant stated that he had been persecuted by the secret cult "Blue Berets" in Nigeria. He was stopped on the street and even forced to get into her car, whereupon he was kidnapped into the bush. He should have given them his blood and his hand was injured. Furthermore, a broken bottle left a scar on his back and he was beaten with sticks. He was once again visited by the group at home and they wanted to persuade him to join. He always found excuses and was threatened with killing.

With the decision of the BFA of April 3, 2018, the complainant's application for the granting of the status of person entitled to asylum in accordance with Section 3 (1) in conjunction with Section 2 (1) no.13 AsylG was rejected (point I.). In accordance with Section 8 (1) in conjunction with Section 2 (1) no.13 AsylG, the application was also rejected with regard to the granting of the status of beneficiary of subsidiary protection with regard to the country of origin Nigeria (point II.). The complainant was not granted a residence permit for reasons worthy of consideration in accordance with Section 57 AsylG (point III.). In accordance with Section 10 (1) no.3 AsylG in conjunction with Section 9 BFA-VG, a return decision was issued against him in accordance with Section 52 (2) 2 FPG (point IV.). It was determined in accordance with Section 52 (9) FPG that his deportation to Nigeria is permissible in accordance with Section 46 FPG (point V.). The deadline for voluntary departure was set at 2 weeks after the return decision became final (point VI.) In accordance with Section 55 (1) to (3). The complainant's arguments were found to be untrustworthy.

The notification was sent on April 5th, 2018 and a complaint was made on May 3rd, 2018. The full extent of the decision was contested. A request was made that the Federal Administrative Court should amend the relevant decision of the authority so that the application for international protection of August 16, 2015 would be followed and the complainant would be granted the status of person entitled to asylum; if necessary, resolve the contested decision of the first authority and refer it back to the first instance for a new negotiation and issue of a new decision; if necessary, amend the contested decision of the first authority so that the complainant is granted the status of beneficiary of subsidiary protection in relation to the country of origin Nigeria in accordance with Section 8 (1) (1) AsylG; if necessary, revoke the return decision made against the complainant in accordance with Section 10 (1) (3) AsylG in conjunction with Section 52 (2) (2) FPG and declare a return decision to be permanently inadmissible; to set up a public oral hearing to give the complainant the opportunity to describe his reasons for flight again personally and directly.

The complaint and administrative act were submitted to the Federal Administrative Court on May 11, 2018.

On May 7th, 2019, an oral hearing took place before the Federal Administrative Court in which the complainant alleged that he was being persecuted by a secret society in Nigeria because he did not want to join it. This secret society has different names "Lord", "Eye" or "blue berrott", but it is always the same. He did not file a report with the police, as they could not do anything anyway. He could not find protection within Nigeria because the cult members were everywhere and would work together. The complainant could not explain why the cult members were looking for him.

Following the negotiation, the objective knowledge was announced orally.

With letters dated May 17, 2019 and May 21, 2019, the complainant requested a written copy of the relevant knowledge.

II. The Federal Administrative Court has considered:

1. Findings:

1.1. About the complainant:

The complainant is of legal age, single, childless, a citizen of Nigeria and professes the Christian faith. He belongs to the ethnic group of XXXX. His identity is not certain.

The complainant is healthy and able to work.

The complainant has been in Austria since (at least) August 16, 2015.

The complainant had twelve years of schooling, studied computer science for three months and then worked temporarily in his parents' clothing store.

The applicant's relatives are still living in Nigeria, including his parents and siblings (four brothers and two sisters) as well as two uncles and two aunts. The complainant occasionally had telephone contact with his relatives and friends in Nigeria.

In Austria, the complainant has no relatives and no significant private or family relationships.

The complainant does not show any significant integration characteristics in terms of language, profession or culture in Austria. Although he has attended several German courses, is a member of a XXXX and has made acquaintances, this alone cannot yet be said to be sustainable.

He does not have any employment in Austria and receives benefits from the state basic provision.

With the judgment of the Regional Court XXXX, Zl. XXXX of May 8th, 2019, legally binding since May 14th, 2019, the complainant was given a conditional prison sentence of three due to § 207a Paragraph 3 1st sentence and Paragraph 1 Z 2 StGB (pornographic representation of minors) Months, with a trial period of three years.

The complainant is criminally innocent.

1.2. Regarding the complainant's motives for fleeing:

In summary, the complainant alleged in the present proceedings that he had fled Nigeria because he had been persecuted by members of a voodoo cult ("Blue Berets") because he did not want to become a member. This argument is based on the proceedings in question, without having finally checked and assessed its credibility.

This claim is not relevant to asylum, as will be shown in the legal assessment, since the complainant could turn to the authorities or evade members of the cult community by moving to a location within Nigeria. If he returns to Nigeria, there is also no real risk that the complainant will be exposed to any other existential threat.

1.3. On the situation in Nigeria:

For the complainant, there is no significant change in his situation in the event of a return. On the basis of the country information sheet of the state documentation on Nigeria of April 12, 2019, the following statements are made:

1. Political situation:

Nigeria is subdivided into 36 federal states (ÖB 10.2018; see AA 10.12.2018; AA 9.2018a; GIZ 4.2019a) and a federal capital district as well as 774 Local Government Areas (LGA / districts). The federal states are ruled by directly elected governors (AA 12.10.2018; see AA 9.2018a; GIZ 4.2019a). They also have directly elected parliaments (AA 9.2018a).

Nigeria has a multiparty system. The constitution, which is based on the US system, contains all the attributes of a democratic constitutional state (including a catalog of basic rights, separation of powers). The strong president - at the same time commander-in-chief of the armed forces - and the vice-president face a parliament consisting of a senate and a house of representatives and an independent judiciary (AA 10.12.2018; see AA 9.2018a). Constitutional reality is dominated by the executive in the form of the directly elected president and the directly elected governors. The fight for political office is fought with great intensity, often with undemocratic, violent means. The judiciary is exposed to the influence of the executive and legislative branches as well as individual political leaders (AA December 10, 2018).

Party affiliation is mostly based on leaders, ethnic affiliation and, above all, strategic aspects. Parties are primarily seen as alliances of convenience to gain power. Political leaders switch parties when they see better chances of success elsewhere. Accordingly, none of the parties represents a clear political direction (AA 12/10/2018).

In the presidential elections on February 23, 2019, incumbent Muhammadu Buhari was confirmed in office (GIZ 4.2019a). It received 15.1 million votes and was victorious in 19 states, mainly in the north and southwest of the country. His challenger, Atiku Abubakar, received 11.3 million votes and won in 17 states in the southeast, in the Middle Belt and in the capital Abuja (GIZ 4.2019a; see BBC 26.2.2019). The voter turnout, at 36 percent, was significantly lower than in 2015. The elections were overshadowed by violent incidents with at least 53 dead (GIZ 4.2019a).

The opposition spoke of election rigging. On March 18, 2019, Abubakar challenged the result before the Supreme Court due to irregularities. In accordance with legal requirements, the procedure must be completed within 180 days by mid-September at the latest. The chances that the complaint will be successful are slim. For example, after the elections in 2003, 2007 and 2011, President Buhari, as an opposition candidate, also lodged comparable complaints and lost them (GIZ 4.2019a).

On March 9, 2019, elections were held for regional parliaments and governors in 29 states. In the remaining seven states, the gubernatorial elections had already taken place in the months before. Here, too, there were irregularities and violent excesses (GIZ 4.2019a). Candidates from President Buhari's APC were able to win 15 governor posts, those of the opposition PDP 14 (Stears April 12, 2019).

In addition to modern state power, traditional leaders still have an influence, albeit largely informal. They are considered a communication center and moral authority and can be important mediators in communal and religious conflicts (AA 9.2018a).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AA - Foreign Office (9.2018a): Nigeria - domestic policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/nigeria-node/-/205844, accessed on November 7, 2018

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BBC News (February 26, 2019): Nigeria Presidential Elections Results 2019, https://www.bbc.co.uk/news/resources/idt-f0b25208-4a1d-4068-a204-940cbe88d1d3, accessed April 12, 2019

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GIZ - German Society for International Cooperation (4.2019a): Nigeria - Geschichte und Staat, http://liportal.giz.de/nigeria/geschichte-staat.html, accessed on April 11, 2019

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

-Stears News (April 12, 2019): Governorship Election Results, https://nigeriaelections.stearsng.com/governor/2019, accessed April 12, 2019

2. Security situation:

There are no classic civil war areas or parties in Nigeria (AA 12/10/2018). Essentially, several sources of conflict can be distinguished: that of Boko Haram in the northeast; that between shepherds and peasants in the Middle Belt; as well as tensions in the Niger Delta (AA 10.12.2018; see EASO 11.2018a) and escalating violence in the state of Zamfara (EASO 11.2018a). In addition, there are tensions in the southeast between the government and Igbo groups that advocate an independent Biafra (EASO 11.2018a; see AA 10.12.2018), as well as between the army and the Islamic Movement in Nigeria (IMN) (EASO 11.2018a ). The situation in the south-east of the country ("Biafra"), which was clearly tense in 2017, has now calmed down again with the intervention of the military and the alleged flight of the leader of the strongest separatist group, the IPOB (AA December 10, 2018).

There are frequent suicide attacks in the northeastern states of Adamawa, Borno, Gombe and Yobe (BMEIA April 12, 2019). Foreign ministries warn against traveling there and to the state of Bauchi (BMEIA April 12, 2019; see AA April 12, 2019; UKFCO April 12, 2019). The German Foreign Office also advises against unnecessary travel to the other parts of northern Nigeria (AA April 12, 2019).

Kidnappings and robberies occur in the Niger Delta and some northern states. Affected are: Abia, Akwa Ibom, Anambra, Bauchi, Bayelsa, Cross River, Delta, Ebonyi, Enugu, Imo, Jigawa, Kaduna, Kano, Katsina, Kogi, Nasarawa, Plateau, Rivers and Zamfara. The Austrian Ministry of Foreign Affairs issued a partial travel warning to the north-eastern and northern federal states mentioned, as well as those in the Niger Delta; High security risk (security level 3) in the other parts of the country (BMEIA April 12, 2019).

The German Foreign Office advises against traveling to the states of Kaduna (especially South Kaduna), Plateau, Nasarawa, Benue, Delta, Bayelsa, Rivers, Imo (especially the capital Owerri), Abia, Anambra, Ebonyi, Edo, Enugu, Delta, Kogi, the southern part of Cross Rivers, Ogun and Akwa Ibom (AA April 12, 2019). The British Foreign Office warns (in addition to the northern states mentioned above) against traveling to the riverside regions of the states of Delta, Bayelsa, Rivers, Akwa Ibom and Cross River in the Niger Delta. We also advise against all unnecessary trips to the states of Bauchi, Zamfara, Kano, Kaduna, Jigawa, Katsina, Kogi, Abia, in the 20 km border strip to Niger in the states of Sokoto and Kebbi, areas of the Delta, Bayelsa and Rivers that are not riverside (UKFCO 11/29/2018).

In Nigeria, unpredictable local conflicts can break out in all regions. The causes and causes of the conflicts are mostly political, economic, religious or ethnic. Most of the time, these disputes only last a few days and are limited to individual locations or individual districts. In particular, the states of Zamfara, the Sokoto (northern part) and Plateau (southern part) are currently affected by armed conflicts (AA April 12, 2019).

In the period from April 2018 to April 2019, the following Nigerian states stand out with a high number of deaths

Acts of violence particularly highlighted: Borno (2,333), Zamfara (1,116), Kaduna (662), Benue (412), Adamawa (402), Plateau (391). The following

States stand out with a low number: Jigawa (2), Gombe (2), Kebbi (3) and Osun (8) (CFR 2019).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AA - Federal Foreign Office (April 12, 2019): Nigeria - Travel and safety information,

https://www.auswaertiges-amt.de/de/aussenpolitik/laender/nigeria-node/nigeriasicherheit/205788#content_6, accessed on April 12, 2019

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BMEIA - Austrian Foreign Ministry (April 12, 2019):

Travel Information - Nigeria,

https://www.bmeia.gv.at/reise-lösungen/reiseinformation/land/nigeria/, accessed on April 12, 2019

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CFR - Council on Foreign Relations (2019): Nigeria Security Tracker,

https://www.cfr.org/nigeria/nigeria-security-tracker/p29483, accessed April 12, 2019

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EASO - European Asylum Support Office (11.2018a): Country of Origin Information Report - Nigeria - Security Situation, https://www.ecoi.net/en/file/local/2001366/2018_EASO_COI_Nigeria_SecuritySituation.pdf, accessed April 12, 2019

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UKFCO - United Kingdom Foreign and Commonwealth Office (April 12, 2019): Foreign Travel Advice - Nigeria - summary, https://www.gov.uk/foreign-travel-advice/nigeria, accessed April 12, 2019

3. Legal protection / judicial system:

The constitution distinguishes between federal courts, courts of the capital district and courts of the 36 federal states (AA 12/10/2018). The latter have the power to set up courts of first instance by law (AA 10.12.2018; see ÖB 10.2018). In addition, each of the 774 LGAs has its own district courts (ÖB 10.2018). Federal courts that only apply state-codified law are the Federal High Court (legislative matter of the federal government, tax, corporate and also administrative matters), the Court of Appeal (appeals matters including the State Court of Appeal and the State Sharia and Customary Court of Appeal ) as well as the Supreme Court (revision matters, organ complaints) (AA 10.12.2018). There are separate military courts for members of the military (USDOS 13.3.2019).

With the introduction of the expanded Sharia law in nine northern states and the predominantly Muslim parts of three other states in 2000/2001, the state Sharia courts were given criminal powers, whereas they were previously limited to Islamic civil status law (AA December 10, 2018). According to the federal constitution, since 1999 the constitution and jurisdiction of the courts with regard to the applicable legal system ("Common Law" or "Customary Law") has been determined by the laws of the member states.Individual states have created "Sharia courts" alongside "Common Law" and "Customary Courts". Several states, including the mixed denominational states of Benue and Plateau, have also set up Sharia appeals courts (ÖB 10.2018).

The constitution provides for the separation of powers and the independence of the judiciary (AA December 10, 2018; see FH 1.2019; ÖB 10.2018; USDOS March 13, 2019). In reality, however, the judiciary is exposed to the influence of the executive and legislative branches as well as individual political leaders (AA December 10, 2018; see USDOS March 13, 2019; FH 1.2019). Politicians are trying to influence the judiciary, especially at the state and district level (LGA) (USDOS March 13, 2019). The overall inadequate human and financial resources as well as insufficient training impede the functionality of the judicial system and make it chronically prone to corruption (AA December 10, 2018; see FH 1.2019; USDOS March 13, 2019; ÖB 10.2018). Salaries in the judiciary are low and there is a lack of infrastructure (ÖB 10.2018; see USDOS 13.3.2019). In addition, the legal systems sometimes contradict each other (ÖB 10.2018). Despite everything, the judiciary has achieved a certain degree of independence and professionalism in practice (FH 1.2019).

Arbitrary criminal prosecution or sentencing practice by the police and judiciary that discriminates according to race, nationality or the like is not discernible. However, the existing system tends to discriminate against the uneducated and poor who cannot buy themselves free from accusations, obtain bail or obtain legal counsel. In addition, many are unable to adequately safeguard their rights due to a lack of knowledge of even the most elementary basic and procedural rights (AA 10.12.2018). The law provides procedural rights such as the presumption of innocence, timely information on the charges, the right to a fair and public trial, the right to a lawyer, the right to adequate time to prepare the defense, to question witnesses and the right to appeal. However, these rights are not always guaranteed (USDOS 13.3.2019). Even legally guaranteed access to legal counsel or family members is not always possible (AA December 10, 2018).

Access to government legal aid is limited in Nigeria: the Compulsory Defense Institute was only recently introduced in some states. Only in the provincial capitals do NGOs exist, some of which are provided with state funding to provide legal advice to the accused or defendants. In rural areas in particular, however, there are numerous proceedings in which the accused and accused without legal assistance remain defenseless due to a lack of knowledge of their rights (AA 10.12.2018). The right to expeditious proceedings is guaranteed by the constitution, but it is hardly guaranteed. Permanent imprisonment without charge or judgment, some of which stretch over several years, is widespread (AA December 10, 2018; see USDOS March 13, 2019). Contrary to legal requirements, pre-trial detention is often longer than the maximum expected statutory maximum sentence for the offense in question. In addition, many prisoners remain in custody even after they have served their sentences because their prison records cannot be found (AA December 10, 2018).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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FH - Freedom House (1.2019): Freedom in the World 2018 - Nigeria, https://freedomhouse.org/report/freedom-world/2019/nigeria, accessed March 20, 2019

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

3.1. Sharia:

With the reintroduction of Sharia criminal law at the state level in the twelve predominantly Muslim northern states, Sharia courts of first instance also received criminal powers (e.g. imposition of corporal punishment up to death sentences such as stoning); However, this generally only applies to Muslims (AA December 10, 2018). Sharia or common law courts can only be invoked if both parties consent (ÖB 10.2018). While Muslims must submit to Sharia courts, Christians living in the twelve states are free to submit to Sharia or state court proceedings. Sharia courts are often chosen because they come to a judgment more quickly than the courts of the state judicial system (AA 9.2018a).

The rigorous threats of punishment of the Sharia are set against just as rigorous evidence requirements, so that in the case of procedurally impeccable Sharia proceedings, sufficient witness evidence for a conviction is often not available. In the past, due to the complexity of the Islamic law of evidence, which was initially still new for many judges, especially in the first instance, the judgments were often unsatisfactory and tainted with legal errors. However, investigations and charges of so-called Hudud criminal offenses (e.g. extramarital sex, theft, street robbery, alcohol consumption) have attracted far less public attention in recent years than in the first few years after the reintroduction of Islamic criminal law (AA December 10, 2018). Due to better training of the judiciary and depoliticization of the criminal law aspect of the Sharia, there have been no more spectacular cases in recent years (AA 9.2018a).

Sharia appeals courts consistently convert stoning and amputation judgments into other sentences. There were no reports of corporal punishment in 2018 (USDOS 3/13/2019). The sharia court appeal ends at the level of a state appeals court, against whose judgments appeals are admissible before the (secular) federal appeals court in Abuja (AA 10.12.2018). Judgments by Sharia courts can therefore also be challenged in the formal legal system, but the conversion of the stoning and amputation judgments is made for procedural and evidence reasons, a fundamental violation of the constitution has not yet been questioned (USDOS 13.3.2019).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AA - Foreign Office (9.2018a): Nigeria - domestic policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/nigeria-node/-/205844, accessed on November 7, 2018

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

4. Security authorities:

The general police and orderly tasks are incumbent on the around 360,000 strong (Federal) Police (National Police Force - NPF), which is subordinate to the Inspector General of the Police in Abuja (AA December 10, 2018; see USDOS March 13, 2019). In addition to the usual police responsibility for maintaining law and order in the states and in the Federal Capital Territory (FCT), the Inspector General oversees law enforcement agencies across the country who are involved in border protection, counter-terrorism and naval matters (navigation) (USDOS 3/13/2019) . Around 100,000 police officers are said to be working as security forces for public figures and influential private individuals (AA December 10, 2018).

In addition to the police, military, state security and paramilitary units (so-called Rapid Response Squads) are also deployed inside (AA December 10, 2018). The Department of State Service (DSS), which reports to the President via a national security advisor, is also responsible for internal security. The police, DSS and the military are subordinate to civil authorities, but they operate temporarily outside of civil control (USDOS 13.3.2019). The National Drug Law Enforcement Agency (NDLEA) is responsible for all drug-related offenses. The NDLEA, which is responsible for decree 33, is stated to be professional (ÖB 10.2018).

The NPF and the Mobile Police (MOPOL), on the other hand, are characterized by low professionalism, lack of discipline, frequent arbitrariness and low eagerness to serve (ÖB 10.2018). The police are characterized by low pay, poor equipment, training and housing. The state law enforcement officers are not in a position to comprehensively control or contain violent crime in terms of personnel, technology and finance. In addition, the general opinion is that the security forces are partly responsible for the crime themselves (AA 10.12.2018). Since the police are often unable to stop violence caused by social conflicts, the government in many cases relies on the support of the army (USDOS March 13, 2019). However, in general the Nigerian authorities are willing and able to offer protection from non-state actors (UKHO 8.2016a).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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UKHO - United Kingdom Home Office (8.2016a): Country Information and Guidance Nigeria: Women fearing gender-based harm or violence, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/595734/ CIG _-_ Nigeria _-_ Women.pdf, accessed on November 13, 2018

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

5. Torture and Inhuman Treatment:

Torture and other inhumane treatment are prohibited by the constitution and law. Since December 2017, penalties have been provided under the Anti-Torture Act. The law does not allow the use of confessions obtained under torture in trials. However, the authorities do not respect this regulation (USDOS 13.3.2019).

The Nigerian security forces are repeatedly confronted with the accusation of committing the most serious human rights violations: According to all credible evidence, torture, arbitrary arrests and extrajudicial killings are still part of the repertoire of government security agencies (AA December 10, 2018; see AI February 22, 2018; USDOS March 13, 2019), from which the poorer sections of the population in particular suffer (AA December 10, 2018). In addition to the police, the military is also accused of using extrajudicial killings, torture and other ill-treatment, including in operations against insurgents in the northeast and against separatist movements in the southeast (FH 1.2019). In response to attacks by Boko Haram and ISIS-WA, the security forces are committing extrajudicial executions and using torture, sexual exploitation and ill-treatment, arbitrary detention, and mistreatment of prisoners. There is also looting and property destruction (USDOS 9/19/2018). The security forces remain largely unpunished for offenses (USDOS 13.3.2019). Trust in the security apparatus is underdeveloped due to repeatedly reported cases of unlawful killings, torture and inhuman treatment in police custody (ÖB 10.2018).

Extrajudicial killings by the security forces can still be seen, but the number is on the decline. In 2012 there were around 5,000 cases. Nevertheless, there is still a high number of extrajudicial killings by the police, some NGOs even estimate the current number to be higher than that from 2012 (AA December 10, 2018). The Special Anti-Robbery Squad (SARS) cracks down on suspects. Torture, forced confessions or killings often occur on the pretext that prisoners wanted to flee (AA December 10, 2018; see GIZ 4.2019a; USDOS March 13, 2019). The national human rights commission is currently investigating this police unit. It has already been restructured, the effects of which cannot yet be assessed. The perpetrators act in the certainty of extensive impunity, as there are only in the rarest of cases independent investigations, let alone disciplinary or even criminal consequences. When police officers are accused of being involved in extrajudicial killings, they are covered by their superiors and are often deliberately transferred to other regions to prevent the allegations from being clarified. The main victims are usually people who are suspected of a violent crime; these are often still executed in police custody after a confession (often obtained through torture) has been made (AA December 10, 2018). Torture and other ill-treatment reportedly resulted in death in custody in some cases (AI 22/02/2018). It also happens again and again that security forces suddenly open fire at roadblocks they have set up, for example when someone refuses to pay a requested bribe (AA December 10, 2018).

There are reports of enforced disappearances (AI February 22, 2018). There is no reliable knowledge about the systematic disappearance of undesirable persons by state organs. Nigerian human rights groups regularly accuse the police, in particular, of the disappearance of detainees on remand and other people in police custody. Cases of enforced disappearances of alleged Boko Haram members in the north of the country are reported, for which the Joint Task Force is held responsible. In general, the police and the military often act with disproportionate severity in the fight against Boko Haram (AA 10.12.2018).

The police are trying to extort money from them by mistreating civilians (USDOS 13.3.2019). Despite the prohibition of torture in the constitution, there is often severe mistreatment of (arbitrarily) detainees, prisoners on remand, prison inmates and other people in the custody of the security organs. The reasons for this behavior lie on the one hand in the poorly developed human rights culture of the security forces, and on the other hand in the inadequate equipment, training and equipment in particular of the police, which in many cases makes them the illegal means of forcibly extorting confessions as the only promising route "Evidence" can take hold. The large number of credible and consistent reports of the use of torture in prisons and police stations across the country, supported by forensic evidence and partially admitted by the police, confirm the impression that the use of torture is an integral part of the work of the security forces ( AA 12/10/2018).

The constitution and laws prohibit arbitrary arrests, but the police and security forces practice these practices. Thousands of people have been arbitrarily detained in northeastern Nigeria since 2013 during the fight against Boko Haram. They are in unsupervised military detention centers (USDOS 3/13/2019). Numerous children and young people were arrested - without charge or conviction (AA December 10, 2018). The army illegally detained hundreds of women without charge, including because they were believed to be related to members of Boko Haram. Women and girls who reported having been victims of Boko Haram were also among the detainees (AI February 22, 2018).

Boko Haram has increasingly targeted women and children over the past two years. The government of the northeastern state of Borno estimates the number of women and girls kidnapped by Boko Haram at a total of 3,000. In October 2016 and May 2017, over a hundred of the girls abducted from Chibok in 2014 were released. In March 2018, 110 girls were kidnapped from a school in Dapchi, most of them were released shortly afterwards. Boko Haram also uses children specifically as porters, in combat operations and especially girls in suicide bombings. Girls are also frequently sexually abused and forcibly married to members of the Boko Haram (AA December 10, 2018).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AI - Amnesty International (February 22, 2018): Amnesty International Report 2017/18 - The State of the World's Human Rights - Nigeria, https://www.ecoi.net/de/dokument/1425079.html, accessed November 8, 2018

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FH - Freedom House (1.2019): Freedom in the World 2018 - Nigeria, https://freedomhouse.org/report/freedom-world/2019/nigeria, accessed March 20, 2019

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GIZ - German Society for International Cooperation (4.2019a): Nigeria - Geschichte und Staat, http://liportal.giz.de/nigeria/geschichte-staat.html, accessed on April 11, 2019

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

-USDOS - U.S. Department of State (September 19, 2018): Country Report on Terrorism 2017 - Nigeria,

https://www.refworld.org/docid/5bcf1f8e13.html, accessed on November 30, 2018

6. Corruption:

The law provides penalties for corruption (USDOS 13.3.2019). Nevertheless, corruption remains widespread (USDOS March 13, 2019; cf. FH 1.2019; GIZ 4.2019a) and thus an important obstacle to development in Nigeria (GIZ 4.2019a) - especially in the oil and security sector (FH 1.2019).In Transparency International's corruption perception index for 2018, Nigeria ranks 144th out of 180 countries examined with a rating of 27 (out of 100) points (0 = highly corrupt, 100 = very clean) (TI 29.1.2019).

The government does not effectively enforce anti-corruption laws, and officials often go unpunished. The massive, widespread and far-reaching corruption affects all levels in the authorities and the security forces (USDOS 13.3.2019); it is widespread among the police; Blackmail at roadblocks is the order of the day (AA 10.12.2019). Corruption also prevails in the judiciary (USDOS March 13, 2019; see AA December 10, 2018). There is a widespread belief that judges are easy to bribe and that litigants should not rely on courts for impartial judgment. Citizens have to be prepared for long delays and report that judicial clerks are demanding bribes for speeding up the process or for pleasant judgments (USDOS 13.3.2019).

Few successes in the fight against corruption have been recorded since 1999 (GIZ 4.2019a). However, the government has declared this to be part of its economic policy (AA 9.2018c). In 2018 she continued her fight against corruption and for more transparency (FH 1.2019). The Independent Corrupt Practices and Other Related Offenses Commission (ICPC) has a broad mandate to prosecute almost all forms of corruption, while the Economic and Financial Crimes Commission (EFCC) is limited to financial crimes. Although the efforts of the EFCC and ICPC focus on low and middle-ranking government officials, both organizations have started investigations and indictments against various high-ranking government officials (USDOS 3/13/2019). The two commissions opened new investigations against high-ranking and former civil servants in 2018 (FH 1.2019).

Swell:

-

AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AA - Foreign Office (9.2018c): Nigeria - Economy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/nigeria-node/-/205790, accessed on November 9, 2018

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FH - Freedom House (1.2019): Freedom in the World 2018 - Nigeria, https://freedomhouse.org/report/freedom-world/2019/nigeria, accessed March 20, 2019

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GIZ - German Society for International Cooperation (4.2019a): Nigeria - Geschichte und Staat, http://liportal.giz.de/nigeria/geschichte-staat.html, accessed on April 11, 2019

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TI - Transparency International (January 29, 2019): Corruption Perceptions Index 2018, https://www.transparency.org/cpi2018, accessed March 21, 2019

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

7. NGOs and human rights activists:

In addition to the National Human Rights Commission (NHRC), there are a large number of human rights organizations that can in principle operate freely (AA December 10, 2018; see USDOS March 13, 2019). Around 42,000 national and international NGOs are registered in Nigeria; they are not subject to any legal restrictions (ÖB 10.2018). The NGOs are very different in type, size and direction and range from nationwide organizations such as the CLO (Civil Liberties Organization), CD (Campaign for Democracy) and LEDAP (Legal Defense Aid Project), which are primarily involved in educational work , through organizations that primarily campaign for the rights of certain ethnic groups, and women's rights groups through to groups that primarily represent specific development concerns of certain communities. Church and other religiously motivated groups are also active in human rights work (AA December 10, 2019).

NGOs monitor the human rights situation, investigate incidents and publish their findings. Government representatives react sporadically to allegations (ÖB 10.2018; see USDOS 13.3.2019), but usually do not pay attention to them, but threaten individual NGOs (USDOS 13.3.2019).

Swell:

-

AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

8. Ombudsman:

The task of the National Human Rights Commission (NHRC) is the promotion and protection of human rights (AA December 10, 2018; see USDOS March 13, 2019) as well as human rights education (AA December 10, 2019) and the monitoring of the human rights situation (USDOS March 13, 2019 ). The NHRC is currently concentrating on the use of violence by security forces, discrimination in business life, violence against women, and human rights education and awareness raising (AA December 10, 2018). The NHRC has offices in the country's six political zones. It publishes periodic reports on specific human rights violations (including torture or detention conditions) (USDOS 13.3.2019). The work of the commission was limited by the fact that its leadership was vacant for two years. Since April 2018, however, a new head has been in office who is particularly concerned with the topic of human rights

Would like to dedicate to attacks by the military and police (AA 10.12.2018). In practice, the NHRC plays more of an advisory, training and lobbying role. In 2018 there were no reports of investigations by the Commission with legal consequences (USDOS 13/3/2019).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

9. General human rights situation:

The Nigerian constitution, which came into force on May 29, 1999, contains a comprehensive catalog of fundamental rights. In some cases, however, this is subject to far-reaching restrictions. The right to physical integrity granted in Article 33 of the Constitution is, for example, subject to the proviso that the person concerned has not lost his or her life while using legally exercised state violence to "suppress rioting or mutiny". In many areas, the implementation of the numerous human rights obligations that have been entered into remains well below international standards. In addition, obligations under international law have in some cases only been implemented incompletely in national law. Some federal states have expressed reservations about some international agreements and regionally prevent implementation. Even in states that generally support implementation, the enforcement of guaranteed rights is often not guaranteed (AA December 10, 2018).

The human rights situation has improved in some cases considerably since a civilian government took office in 1999 (AA 9.2018a; see GIZ 4.2019a), especially with regard to the release of political prisoners and freedom of the press and freedom of expression (GIZ 4.2019a). However, human rights organizations criticize the way the armed forces deal with Boko Haram suspects, the Shiite minority, Biafra activists and militants in the Niger Delta. The general living conditions, which are influenced by poverty, illiteracy, violent crime, ethnic tensions, an ineffective judiciary and Sharia legal practice in the north of the country, remain difficult (AA 9.2018a). There are many question marks about compliance with human rights, such as: B. the practice of Sharia law (death by stoning), kidnappings and hostage-taking in the Niger Delta, mistreatment and injuries by police officers and soldiers, and the arrest of members of militant ethnic organizations (GIZ 4.2019a).

The strict criminal law provisions of the Sharia law introduced in 2000/2001 have not led to a sharp increase in human rights violations, the few stoning sentences have each been overturned by a higher authority, and amputation sentences have not been enforced in recent years (AA December 10, 2018; cf. USDOS 13.3.2019).

Nigerian organizations such as CEHRD (Center for Environment, Human Rights and Development), CURE-NIGERIA (Citizens United for the Rehabilitation of Errants) and HURILAWS (Human Rights Law Services) campaign for the observance of human rights in their country. The Nigerian Labor Congress (NLC) trade union movement is also active in the area of ​​human rights issues (GIZ 4.2019a).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AA - Foreign Office (9.2018a): Nigeria - domestic policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/nigeria-node/-/205844, accessed on November 7, 2018

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GIZ - German Society for International Cooperation (4.2019a): Nigeria - Geschichte und Staat, http://liportal.giz.de/nigeria/geschichte-staat.html, accessed on April 11, 2019

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

10. Freedom of expression and freedom of the press:

Freedom of opinion and freedom of the press are guaranteed by the 1999 constitution and are also fundamentally reflected in constitutional reality (AA December 10, 2018). However, these rights are restricted by laws against riot, criminal defamation and the publication of false news (FH 1.2019).

The Nigerian press can operate largely freely (HRW January 17, 2019). The media landscape is diverse and extremely active (AA 9.2018b) and is characterized by an abundance of private daily newspapers and weekly magazines, radio stations and television stations, which report broadly and relatively freely on political, economic and cultural topics (AA 10.12.2018; cf. . ÖB 10.2018). They make a major contribution to ensuring that all political questions in the country can be discussed openly and critically. Radio is the most important medium in Nigeria because it can also be received in rural areas. However, the quality and scope of the press and media are impaired by difficult framework conditions (AA 9.2018b).

However, there are cases of government restrictions on freedom of expression and freedom of the press (USDOS 13.3.2019). These take the form of public criticism, harassment and arrest of journalists by civil servants (FH 1.2019; see USDOS April 20, 2018; HRW January 17, 2019), especially if they are about corruption scandals, human rights violations, or separatist and communal violence or other politically sensitive ones Report topics (FH 1.2019). Critics report facing threats, intimidation and sometimes violence. Journalists practice self-censorship (USDOS 13.3.2019).

The Freedom of Information Act guarantees everyone the right to request access to official information through the authorities. The hopes associated with this law for a more open information policy by the government have not yet been fulfilled (AA December 10, 2018).

Swell:

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AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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AA - Federal Foreign Office (9.2018b): Nigeria - Culture and Education, Media,

https://www.auswaertiges-amt.de/de/aussenpolitik/laender/nigeria-node/-/205846, accessed on November 9, 2018

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FH - Freedom House (1.2019): Freedom in the World 2018 - Nigeria, https://freedomhouse.org/report/freedom-world/2019/nigeria, accessed March 20, 2019

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HRW - Human Rigths Watch (January 17, 2019): World Report 2019 - Nigeria, https://www.ecoi.net/en/document/2002184.html, accessed April 11, 2019

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

11. Freedom of assembly and association:

Freedom of assembly is guaranteed by the constitution. However, it is sometimes restricted by the intervention of the security organs against politically unpleasant assemblies (AA December 10, 2018; see USDOS March 13, 2019; FH 1.2019). For example, the government bans gatherings which it believes could lead to unrest. In areas with outbreaks of violence, the police and security forces decide on the approval of public gatherings and demonstrations on a case-by-case basis. When breaking up demonstrations, security forces use excessive force, which sometimes leads to fatalities and injuries (USDOS March 13, 2019).

The constitution and laws guarantee freedom of association and the government largely respects this right in practice (AA December 10, 2018; see USDOS March 13, 2019; ÖB 10.2018). This has led to the development of a lively civil society with countless NGOs (AA December 10, 2018; cf. FH 1.2019, ÖB 10.2028). The right is only occasionally restricted in relation to certain organizations (USDOS 13.3.2019).

Swell:

-

AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

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FH - Freedom House (1.2019): Freedom in the World 2018 - Nigeria, https://freedomhouse.org/report/freedom-world/2019/nigeria, accessed March 20, 2019

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

11.1. Opposition including MASSOB and IPOB:

The constitution and laws allow the free formation of political parties, trade unions or interest groups. Usually the government respects this right, but it is restricted for some groups (USDOS 13.3.2019). There is no evidence of the persecution of politicians in exile by the Nigerian government. In Nigeria, too, the political opposition can in principle operate freely. This applies not only to the parliamentary opposition but also to extra-parliamentary parties and groups. So far, groups - mostly marginal - with secessionist goals (e.g. Biafra) have been largely tolerated (AA December 10, 2018).

With the ban on the Indigenous People of Biafra (IPOB) in September 2017 and the Shiite IMN, clear borders have now been marked (AA December 10, 2018). In addition to the IPOB, the second secessionist movement in southeast Nigeria is the Movement for the Actualization of the Sovereign State of Biafra (MASSOB) (EASO 2.2019; cf. ÖB 10.2018). Both are dominated by the Igbo ethnic group, but compete with each other (ÖB 10.2018). The activities of IPOB or MASSOB themselves do not involve acts of persecution or serious human rights violations (EASO 2.2019). Since the change of government in 2015, there have been increasing numbers of political demonstrations by supporters of the Biafra movement, whom the government is said to have met with violence (AA 9.2018a). After the temporary release in spring 2017 of the leader of the IPOB, Nnamdi Kanu, who has been imprisoned since autumn 2015, the situation came to a head again around the 50th anniversary of the beginning of the Biafra War. Troops were sent to ensure public safety and order, the IPOB was declared a terrorist organization (ÖB 10.2018). The police take action against members of both groups by means of imprisonment (HRW January 17, 2019). According to the police chief of the state of Abia, 59 suspected IPOB members have meanwhile been arrested for murder, arson and other crimes. Since then, IPOB and MASSOB have made only a few attempts to publicize the (unconstitutional) independence of a fictitious state "Biafra". These were regularly stopped by the Nigerian security authorities. Overall, however, these movements can be viewed as relatively insignificant marginalized groups (ÖB 10.2018).

The most recent example of its diminishing influence was a largely unnoticed "sit-at-home order" by the IPOB in September 2018. However, a total of 19 militant members of the organization were arrested as part of this action Truck drivers are said to have kidnapped. These arsonists and kidnappers will be brought to justice in due course. Arrests or arrests of IPOB members solely because of their membership in the organization have not yet become known (ÖB 10.2018).

The IPOB leader Nnamdi Kanu, who had disappeared without a trace since September 2017, surprisingly appeared again in Jerusalem in October 2018 (ÖB 10.2018; see BBC 22.10.2018). Due to a controversial statement by Kanus in an interview, the IPOB subsequently distanced itself from its (former) leader (ÖB 10.2018). The Federal High Court in Abuja issued an arrest warrant against him on March 28, 2019. At the same time, the court revoked Kanu's release on bail, which had been granted for health reasons, in April 2017, as he had not obeyed several summons from the court since then (BAMF 1.4.2019).

Swell:

-

AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

-

BBC News (22.10.2018): Nnamdi Kanu, Nigerian separatist leader, resurfaces in Israel, https: //

www.bbc.com/news/world-africa-45938456, accessed on December 17, 2018

-

BAMF - Federal Office for Migration and Refugees (1.4.2019):

Briefing Notes,

https://www.ecoi.net/en/file/local/2006127/Deutschland Bundesamt_f

% C3% Bcr_Migration_und_Fl% C3% Bcchtlinge% 2C_Briefing_Notes% 2C_01.04.2019_

% 28deutsch% 29.pdf, accessed April 12, 2019

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EASO - European Asylum Support Office (2.2019): Country Guidance:

Nigeria,

https://www.ecoi.net/en/file/local/2004112/Country_Guidance_Nigeria_2019.pdf, accessed April 12, 2019

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HRW - Human Rigths Watch (January 17, 2019): World Report 2019 - Nigeria, https://www.ecoi.net/en/ document / 2002184.html, accessed April 11, 2019

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ÖB - Austrian Embassy Abuja (10.2018): Asylum Country Report Nigeria

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USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

12. Conditions of detention:

The conditions of detention in the inadequately equipped, often chronically overcrowded and largely colonial prisons are extremely poor (AA December 10, 2018). Conditions remain harsh and life threatening. The prisoners, many of whom have not yet been convicted (around 68 percent are remand prisoners), are exposed to torture, overcrowding, food and water shortages, inadequate medical care and inadequate sanitary conditions (USDOS March 13, 2019). These conditions also lead to deaths (USDOS March 13, 2019; see AA December 10, 2018). The prisoners must be supplied with food and medication through relatives and charitable institutions (AA December 10, 2018). The poorly paid prison and security personnel take advantage of their position to extort money from the prisoners (AA December 10, 2018; see USDOS March 13, 2019). At least in some prisons men, women and minors are detained together (AA December 10, 2018; see USDOS March 13, 2019). Female prisoners are at risk of rape (USDOS 3/13/2019).

There is only a limited ability to independently monitor prisons by observers. The International Committee of the Red Cross (ICRC) has access to police prisons and facilities of the Nigerian Prison Service as well as some military prisons (USDOS 13.3.2019).

Swell:

-

AA - Federal Foreign Office (December 10, 2018): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria (as of October 2018)

-

USDOS - U.S. Department of State (March 13, 2019): Country Report on Human Rights Practices 2018 - Nigeria, https://www.ecoi.net/en/document/2004182.html, accessed March 20, 2019

13. Death penalty:

Nigeria continues to adhere to the death penalty (AA December 10, 2018; see AA 9.2018; AI February 22, 2018). It can be imposed by ordinary courts and Sharia courts of first instance for certain offenses (murder, high treason, treason, torture resulting in death, aggravated robbery) (AA 10.12.2018; see AA 9.2018a). There is currently a trend in some southern states to expand the scope of the death penalty to include other criminal offenses (especially kidnapping). The 2012 revised Terrorism (Prevention) Act 2011 also provides for the death penalty for terrorist crimes (AA December 10, 2018).