A COMPARATIVE APPRAISAL OF TORTURE AS A PROCEDURAL CLOG TO THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA AND RUSSIA

Abstract

The phenomenon of torture remains a serious concern to human rights scholars, activists and practitioners. The United Nations Convention against Torture, Inhuman or Degrading Treatment or Punishment, 1984 (UNCTIDTP, 1984) is a ratified Convention by Russia and Nigeria. While Russia is yet to domesticate the Convention, Nigeria has in accordance with section 12 of its Constitution albeit with some of the provisions of the Convention excised. This paper appraises the concept of torture in both Russia and Nigeria within the context of the administration of criminal justice and compares the countries legal regimes against the use of torture in criminal investigation. The paper found that torture delays criminal trials, occasionally occasions miscarriage of justice and Nigeria’s domestication UNCTIDTP, 1984 remained a lesson for Russia. While Russia needs to domesticate the UNCTIDTS, 1984 like Nigeria has done, both countries should put in place strong enforcement mechanisms, criminalizing torture with stiff penalties like a life sentence or death penalty.