Page:Anti-Torture Act, 2017.pdf/8

A 210

(3) The medical reports shall, among others, include the—
 * (a) name, age and address of the patient;
 * (b) name and address of the next of kin of the patient;
 * (c) name and address of the person who brought the patient for physical and psychological examination;
 * (d) nature and probable cause of the patient's injuries and trauma;
 * (e) approximate time and date when the injury or trauma was sustained;
 * (f) place where the injury or trauma was sustained;
 * (g) time, date and nature of treatment necessary; and
 * (h) diagnosis, the prognosis or disposition of the patient.

(4) A person who does not wish to exercise the rights under this section may knowingly and voluntarily waive such rights in writing.

8.—(1) A person who actually participates in the infliction of torture or who is present during the commission of the act is liable as the principal.

(2) A superior military, police or law enforcement officer or senior government official who issues an order to a lower ranking personnel to torture a victim for whatever purpose is equally liable as the principal.

(3) An order from a superior officer or from a superior in the office or public authority shall not be invoked as a justification for torture.

(4) The immediate commanding officer of the unit concerned of the security or law enforcement agencies is held liable as an accessory to the crime for any act or omission or negligence on his part that may have led to the commission of torture by his subordinates.

9.—(1) A person who contravenes section 2 of this Act commits an offence and is liable on conviction to imprisonment for a term not exceeding 25 years.

(2) Torture resulting in the loss of life of a person is considered as murder and shall be tried and punished under the relevant laws.

(3) The penalties specified under this section shall be without prejudice to the prosecution of other crimes and other legal remedies available to the victim under other existing laws, including the right to claim for compensation.

10. The Attorney-General of the Federation and other law enforcement and investigative agencies shall ensure that the function of overseeing the implementation of this Act shall be specifically assigned to a particular office or unit of the agency concerned.