Protection of human dignity246
What does it mean to treat an accused person humanely?
The ACJA‟s feature of humane or compassionate treatment of an accused person or a suspect
means the determination to: (a) accord civilized management, with regards to his right to the
self-esteem of his person; (b) not to subject him to any form of torture, cruel, inhuman or
degrading treatment. Thus, (2) suspect shall not be arrested merely on a civil wrong or breach of
contract, nor (3) shall a suspect be brought before the court as prescribed by this Act or any other
law or otherwise released conditionally or unconditionally. (4) The arraignment and trial of a
suspect for a crime shall be in accordance with the provisions of this Act unless otherwise stated
in this Act.247 Again, the “humane treatment248” is a constitutionally strengthened under the
ACJA to include absence of unnecessary restraint; notification of cause of arrest; prohibition of
arrest in lieu; recording of statements suffice the above mentioned as rights of a suspects on the
basis of principle of human dignity under law. Accordingly Christopher McCrudden249made this
submission and observed that:
“The concept of dignitas hominis in classical Roman thought largely meant
„status‟. Honour and respect should be accorded to someone who was worthy of
that honour and respect because of a particular status that he or she had. So,
appointment to particular public offices brought with it dignitas. As Cancik
writes, the term „denotes worthiness, the outer aspect of a person's social role
which evokes respect, and embodies the charisma and the esteem presiding in
office, rank or personality‟. Indeed, dignitas was not confined to humans and
applied to institutions and the state itself. This concept of dignity has long been
245 S.36 (12) of CFRN
246 Falana, F. (2015), Using Human Rights To Promote Corruption And Impunity, available at
http://saharareporters.com/2015/12/10/using-human-rights-promote-corruption-and-impunity-femi-falana retrieved on
24/08/2016
247 S.8(1)(2)(3)(4) ACJA
248 Chapter I: Human and Peoples' Rights; The African Charter on Human and Peoples' Rights (also known as the
Banjul Charter)
249 *FBA; Professor of Human Rights Law, Oxford University; Fellow, Lincoln College, Oxford; Overseas Affiliated
Professor, University of Michigan Law School
incorporated in some legal systems in the private law context as the basis for
providing protection for dignity in the sense of „status‟, „reputation‟, and
„privileges‟. The English Bill of Rights of 1689, for instance, referred to „the
Crown and royal dignity‟. In legal systems based on Roman law, dignity was
seen as a right of personality and status, and criminal and civil remedies were
frequently provided if dignity in this sense was infringed. In South Africa, for
example, it was recognized in the private-law sphere, deriving from Roman-
Dutch law, that „[i]nfringement of a person's dignitas constituted a delict and
compensation could be claimed with the actio iniuriarum‟. In the international
sphere, this concept of „dignity‟ was frequently used to refer to the status of
sovereign states and, by extension, to the status of ambassadorial and consular
staff serving their countries abroad.250
The significance of humane treatment is derivative of “natural law conception where law is
identified with moral principles”251 and the rights of man which further convey the freedoms,
immunities and benefits that all human beings are capable to claim as a matter of right in the
society in which they live, according to modern values.252
To be humane imports; being compassionate, involving minimal pain with emphasis on liberal
values. It is given consideration to persons or animal or relating to humanities, mankind and
kindness to other people253 with behaviours in a specified manner like; to give attention to
someone or something. In lieu of this, medicine or medical practitioners pay attention to patients
and treat them with care.254 Invariably, humane treatment means showing kindness or
consideration in a manner specified. The question then is whether criminal suspects or accused
and defendant are to be shown kindness; which kind of kindness and to what extent? Or what
does ACJA mean by „humane treatment‟?
The law ought to give every man his due and since decency demands that men be treated equal. But
this due is deservedly according to the person‟s conduct and behaviours. The criminal justice in
order to protect the ligament which holds civilized beings and civilized nations together ensure that
brutality is not made a procedure of criminal prosecution. The kindness envisaged and allowed is
such that is recognised by law under the context of presumption of innocence to those
250 Christopher McCrudden 2008, Human Dignity and Judicial Interpretation of Human Rights Ear J Int. Law
(2008) 19 (4): 655-724. doi: 10.1093/ejil/chn043 available at http://ejil.oxfordjournals.org/content/19/4/655.full
retrieved on 25/08/2016
251 Sypnowich op. cit.
252 Garner, Bryan 20 Black‟s Law Dictionary 10th ed., p. 809
253 The New Webster‟s Dictionary of the English Language, p. 471
254 Webster op. cit. 1050
arrested or accused of crime even when pressure brays for their blood extra-judicially. Law is to wear
a human face even though justice is blind-folded. Frank Wright said that after all “humanity is
not a mob. A mob is a degeneration of humanity. A mob is humanity going the wrong way.”255
Furthermore, “the right in law,”256 its worth and value, avails any person who is first a human, a
protection which can only be overridden by the operation of law. Humanity should not lose hope to
become hasty like the recent mob activities in Kano, Abuja and now Zamfara, where a woman was
decapitated, another killed for preaching and 8 people killed for blasphemy, respectively.
Saliently, Charles Summer had argued that, the true grandeur of humanity is moral elevation,
sustained, enlightened or decorated by intellect. Justice holds civilized beings and nations
together but force of any kind can only protected in time of emergency, humanity does not abide
in emergencies forever excepting justice, fairness, consideration and corporation can guarantee
eternal peace.257 This is neither a means for law to condone illegality nor leant itself to
“moderate rule of law” but due process, comprehensive and detail preparation. In china, For
instance, where it is reported that corrupt politicians are often decapitated, the law will be followed before
the guillotine. Thus, the process is commenced that:
After a first trial conducted by an intermediate people's court concludes with a
death sentence, a double appeals process must follow. The first appeal is
conducted by a high people's court if the condemned appealed to it, and since
2007, another appeal is conducted automatically (even if the condemned oppose
the first appeal) by the Supreme People's Court of the People's Republic of
China (SPC) in Beijing, to prevent the awkward circumstances in which the
defendant is proved innocent after the death penalty - an obviously irrevocable
punishment - has been administered.
When a case involving the death penalty is sent to the SPC for mandatory
review, the case is delivered to one of the court‟s five divisions according to the
geographic origin of the case or, in some cases, the type of crime involved. The
SPC's second criminal division is dedicated to handling review of some of the
most sensitive cases. Each case is then assigned to a panel of three judges, one
of whom is designated as the principal case manager. Since 2012, judges are
also required to interview defendants before deciding whether or not to confirm
a death sentence. The judges write reports summarizing the case, discuss the
255 Frank Lloyd Wright Webster‟s dictionary of Quotations QD58
256 Henry W. Becher Webster‟s op. cit. p.QD59.
257 D.D. Eisenhower
case, and then report the decision to the division head, SPC vice president, and
finally the SPC president.
If the lower court death sentence is upheld, the execution is carried out shortly
thereafter and is fairly automated (in 7 days). As a result of its reforms, the
PRC's government claims, the Supreme People's Court overturned about 15 per
cent of the death sentences handed down by high courts in the first half of 2008.
In a brief report in May, Xinhua quoted anonymous sources as saying Chinese
courts handed down 30 per cent fewer death sentences in 2007 compared with
2006. The cases of Li Yan (2014) and Wu Ying (2012) are two examples in
which the Supreme People's Court reversed a death sentence pronounced by
lower courts.258
The principle of human dignity is one of the pillars of justice and sanctity of democratic systems;
aimed at reforming the mind alongside with the man. The idea of extremism is not the focus of
law than reason. Extremism has never brought the world any good. In this country, instances
abound that, whether official or mob orchestrated, „have never blown anybody any good,‟ a
la the extra judicial killings of the foremost Niger-Delta agitators –Isaac Adaka Boro, Ken Saro-
wiwa and Ogoni nine and Mohamed Yusuf the founder of Boko Haram has never douse any
agitations. Much the same history is told that the killing of Jesus Christ has even increased those
principles which he espoused more than those that thought otherwise. This why; presumption of
innocence and humane treatment are on the radar of modern democratic realities. The lessons
from this is that a man could be kill but not the principle which he believes if there are people
who had believed it with him. Killing or punishment has never eradicated crime nor will it ever.
But appropriate management can reduce crime. This is what modern law envisages as its
incorporate the preservation and regard for human dignity in its provisions. Mohandas Gandhi
once said that:
“Eye for an Eye will make the whole world go blind”259
258 Hogg, Chris (25 February 2011). "China ends death penalty for 13 economic crimes". BBC. Retrieved 22 February
2015. Trevaskes, Susan (May–June 2008). "The Death Penalty in China Today: Kill Fewer, Kill Cautiously". Asian Survey. 48
(3): 393–413. doi: 10.1525/as.2008.48.3.393. "Deciding Death: How Chinese Judges Review Capital Punishment Cases". Dui
Hua Human Rights Journal. Dui Hua Foundation. Retrieved 2 March 2015. Available at
https://en.wikipedia.org/wiki/Capital_punishment_in_China retrieved on 25/08/2016
259 Fred R. Shapiro editor of the Yale Book of Quotations (YBQ) available at
http://quoteinvestigator.com/2010/12/27/eye-for-eye-blind/ retrieved of 25/08/16.
However, the law provides that any person alleged of having committed a crime to be reasonably
tried and given the opportunity to defend self and if found guilty, punished that in the long run he
may turn a new leaf. A law can be repealed if not for anything by reasons to correct the policy
focus where it is inhibiting progress of the society. It is this that Nelson Mandela is celebrated
the world over. For it was by law, though obnoxious, he was unnecessarily clamped into jail and
by law the world over benefitted from such a world of experience. According to Globe and Mail:
“Words like „generosity,‟ „fortitude,‟ and „patience‟ ring through this
moving account of Mandela‟s life and struggle. . . . All hail to the man who
could wait so long, and who knew what would be worth waiting for…”260
Moreover, the Constitution provides for the dignity of persons to be respected and limits torture,
inhuman treatment and upholds that the sanctity of human person shall be recognized,
maintained and enhanced, so that every citizen should have equality of rights, obligations and
opportunities before the law. In any situation, only on the execution of the sentence of a court
order in respect of a criminal offence where the person has been found guilty can the person be
deprived of such rights.
Conclusion
In effect, humanitarian actions should be based on those permitted by the law as reasonably
necessary. For example, the presumption of innocence until found guilty, prompt information,
detail and nature of offence, adequate facilities to prepare a defence, access to a legal
representation of choice, examination of witness, access to judgments a week after the
conclusion of the case to enabled preparation for appeal. The crime must have first of all been
defined, prohibited and penalty imposed or prescribed in a written law, either as an Act of the
parliament, a law of a state assembly or any other subsidiary or delegated legislation.
260 Mandela, N.R. 1995, Long Walk To Freedom The Autobiography of Nelson Mandela, Little, Brown and
Company
