An extrajudicial killing is the murder of a person for an alleged crime
or offence carried out either by an individual or a group of persons without
any official backing, directive or supervision from a court of law of competent
jurisdiction through a legal proceeding.
Extrajudicial killing or punishment also known as ‘Jungle justice’,
which is usually carried out either by a government agency or an angry mob or
sometimes by an individual, has been on the rampage in recent times in such a
manner that it requires a severe and drastic approach by the apt authority.
Extrajudicial punishment used to be a feature of politically repressive
regimes, but lately even self-proclaimed or internationally recognized
democracies have been known to use the measure under certain circumstances. But
the truth of the matter is that, it is illegal and barbaric; hence,
unacceptable.
Such actions typically happen quickly with security forces acting on a
covert basis, performed in such a way as to avoid a massive public outcry
and/or international criticism that would reflect badly on the state or country.
Sometimes, the killers are agents outside the government; some criminal
organizations have reportedly been employed for such a purpose.
In most cases, it is carried out by uniformed security forces in order
to punish a victim, but under circumstances that would make it appear as
self-defence or suicide. The former can be accomplished by planting recently
fired weapons near the dead body, while the latter is observed via fabrication
of evidence suggesting suicide. In such cases, it could be difficult to prove
that the perpetrators acted wrongly.
Because of the dangers inherent in armed confrontation, even police or
soldiers as the case may be, who might strongly prefer to take an enemy or a
suspect alive may still be tempted to kill under a certain circumstance to
protect themselves or the affected civilians, and potentially cross the line
into extrajudicial murder.
In some cases, someone may be
declared missing having been murdered by a certain group. A disappearance
occurs where someone who is believed to have been targeted for extrajudicial
execution is nowhere to be found. Their ultimate fate is thereafter unknown or
never fully confirmed.
Extrajudicial punishment may be planned and carried out by a particular
branch of a state without informing other branches, or even without having been
ordered to commit such atrocity. Other branches sometimes tacitly approve of
the punishment in retrospect; they can also genuinely disagree with it
depending on the circumstances, especially when complex intra-government or
internal policy struggles exist within a state’s policymaking apparatus.
In times of war, natural disaster, societal collapse, anarchy, or in the
absence of an established system of criminal justice, as the case may be, there
may be increased incidences of extrajudicial punishment. In such circumstance,
the Police or military personnel may be unofficially authorized to punish
severely individuals involved in looting, riot as well as other violent acts
such as massacre, especially if caught red-handed. This measure is sometimes
itself corrupted resulting in the death of innocent persons who probably were
just in the wrong place at the wrong time.
More so, someone whose case is in court may be brutally murdered in cold
blood by the aggrieved party or the plaintiff owing to inconsequential and
unbearable delay of the court proceeding/hearing. This is why the various
judicial custodians must be more proactive in discharging their official duties
come rain come shine.
Currently, the most alarming aspect of extrajudicial killing or
punishment is the one being carried out by a group of civilians referred to as
‘Angry mob.’ It is usually observed on the street, inside a motor park, or in a
market arena when one is accused of stealing, pick-pocketing, or any form of
jungle crime.
The mob often accomplish their
mission by setting the suspect ablaze at the scene of the incident using fuel
and condemned tyre, prior to the arrival of security personnel. The most
painful part of the illogical act is that, an innocent person is mostly
mistaken for the person who actually committed the crime.
It is worth noting that constitutionally if a suspect is allegedly
guilty of a certain crime, he or she shall remain innocent until otherwise proven
by any court of competent jurisdiction. Prior to the pronouncement of the final
judgement by the concerned judicial custodian, the accused person/group is
meant to be free in respect to civil cases or to be kept under the care of the
appropriate security agency regarding a severe criminal case. Another fact we
must note is that, sparing the life of a culprit would help the relevant
security agency to apprehend his/her partners in crime.
Against this backdrop, and considering the enormous negative implication
of extrajudicial punishments, there is a pressing need for the appropriate
authorities to look inwards toward eradicating the anomaly, which has caused an
unquantifiable damage to countries where it is harboured, particularly Nigeria.
Thus, special court especially mobile courts ought to be instituted to
try anyone accused of any form of extrajudicial act without any fear or favour
irrespective of his/her status or age. On their part, the various security
agents must be fast enough while attending to any security call/invitation and
should endeavour to live up to the expectation at all cost.
In addition, the civil society is required to sensitize the general
public on the dangers of taking the law into their hands; they ought to be made
to understand that no individual or group is above the law. By so doing,
justice would be given its due regard thereby ushering in a country we have
longed awaited. Think about it!
COMR FRED D.N NWAOZOR
(The Media Ambassador)
_____________________________________
frednwaozor@gmail.com
+2348028608056 Follow:
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