A/HRC/13/40/Add.1
were asked questions by the security forces. Each of the three was then reportedly shot at
close range, while unarmed and kneeling.
186. On 29 July 2009, members of the security forces disarmed and detained five alleged
members of Boko Haram in a suburb of Maiduguri called Customs Bridge. The detained
individuals were ordered to lie down. One of the security force members yelled “fire”, and
the soldiers shot and killed the five men.
187. Mr. Mohammed Yusuf, the leader of the Boko Haram group, was apprehended by
the military on 30 July 2009. He was captured by the commander of the military operations
against Boko Haram, and transferred over to police in Maiduguri (Borno state) that same
day. Photographic evidence of Mr. Yusuf’s capture by the military indicates that he was
alive and did not have any injuries at that time, except for a wound in his arm which had
been treated. After his transfer to police custody, Mr. Yusuf was stripped naked,
interrogated, and then shot at close range numerous times by police. A few hours later, the
body was shown to journalists. According to some police accounts of the death, including
by the Police Commissioner of Borno state, Mr. Yusuf was not shot by police, but sustained
injuries during his capture by the military, and subsequently died from those wounds.
However, Regional Police Assistant Inspector-General stated that Mr. Yusuf was killed by
police while trying to escape from custody.
188. On 31 July 2009, a former Commissioner of Religious Affairs in Borno state, Mr.
Alhaji Buji Fai, was killed by police. He was accused of having close ties to, or being a
supporter of, the Boko Haram group. He was arrested on 31 July 2009 in a joint militarypolice operation (“Operation Flush”), and taken to Police Force Headquarters in Maiduguri.
According to information received, he was there stripped of his shirt, interrogated, and
executed at the entrance to the police station.
189. The Special Rapporteurs urged the Government to conduct an impartial and
transparent inquiry into the circumstances surrounding the deaths of all those killed during
the fighting, including Mr. Mohammed Yusuf, Mr. Buji Fai, and the eight unidentified
individuals, with a view to taking all appropriate disciplinary and prosecutorial action and
ensuring accountability of any person guilty of unlawful killings, as well as to compensate
the families of the victims. The Special Rapporteurs also asked the Government to indicate
if any measures were envisaged to prevent the recurrence of violent clashes, including interreligious ones.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
190. The Special Rapporteur regrets that she has so far not received a reply from the
Government of Nigeria concerning the above mentioned allegations. She wishes to refer to
the recommendations in her mission report of her country visit to Nigeria in
February/March 2005 (see E/CN.4/2006/5/Add.2, paras. 103-115), especially with regard to
religious tensions and communal violence.
191. The Special Rapporteur would like to recall that the Human Rights Council, in its
resolution 6/37, urges States to “take all necessary and appropriate action, in conformity
with international standards of human rights, to combat hatred, intolerance and acts of
violence, intimidation and coercion motivated by intolerance based on religion or belief, as
well as incitement to hostility and violence”.
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