Law enforcement in Niger
Encyclopedia
Law enforcement in Niger
is the responsibility of the Military of Niger
though the Gendarmerie Nationale
and the Ministry of the Interior through the National Police
and the National Forces for Intervention and Security (FNIS), a Paramilitary police force. While both Human Rights
and effectiveness of Law Enforcement has improved since the 1999 creation of the Fifth Republic, western monitors generally regard Nigerien law enforcement and ineffective and at times corrupt.
who police urban areas, as well as local civilian police forces.
The Ministry of Defense includes the Gendarmerie Nationale
which is responsible for national policing outside urban areas. The system of law enforcement and criminal justice
are similar to the systems of Law enforcement
and Justice in France
, the former colonial power
in Niger.
The police emergency telephone number is 17.
The police force, which is under the direction of the Ministry of Interior, is ineffective in the assessment of foreign governments, primarily because of inadequate resources. Basic supplies, such as vehicle fuel, radios, uniforms, handcuffs, batons, and badges are scarce. Patrols are sporadic, and emergency response time in Niamey
can take 45 minutes. Police training is minimal, and only specialized police units had basic weapons handling skills. In December 2003, the National Assembly adopted legislation granting police more decision-making authority and increased compensation; however, corruption has remained pervasive.
is available for crimes carrying a penalty of less than 10 years' imprisonment. Widespread ignorance of the law and lack of financial means prevents many of the accused from taking full advantage of these rights.
Security forces, acting under government direction, have occasionally detained journalists and opposition politicians. Police, acting under authority granted them by the Security Law, occasionally conduct sweeps to detain suspected criminals. Police and Military roadblocks and checkpoints are a common sight on Niger's roads, both to check papers and to collect tolls or internal tax on goods, but also to enforce laws and regulations. Accusations of corruption in such incidents are common.
The law generally requires that police conducting a search have a warrant, normally issued by a judge; however, according to foreign observers, police reportedly often conduct routine searches without warrants. Under the State Security Law, police may conduct searches without warrants when they have strong suspicion that a house shelters criminals or stolen property.
Defendants have the right to counsel, to be present at trial, to confront witnesses, to examine the evidence against them, and to appeal verdicts. The Constitution affirms the presumption of innocence. The law provides for counsel at public expense for minors and indigent defendants charged with crimes carrying a sentence of 10 years or more. Although lawyers complied with government requests to provide counsel, the Government generally did not remunerate them. Widespread ignorance of the law prevented many accused from taking full advantage of these rights. There was only one defense attorney known to have a private practice outside the capital, although lawyers traveled to various locations of the country to provide legal assistance as requested.
In civilian matters, there are reports, judged credible by the United States government, that family and business ties influenced lower court decisions. Judges sometimes fear reassignment or having their financial benefits reduced if they rendered a decision unfavorable to the Government. Nevertheless, there continued to be evidence of increased judicial independence. In May 2003, the Constitutional Court of Niger ruled against changes proposed by the Government to the Electoral Code. In 2002, the Constitutional Court noted that the Government did not have the right to remove the Sultan of Zinder from his position; the Sultan still faced fraud charges.
A military court, the Special Security Court, was reestablished in November 2003 and provides the same rights as civilian courts; however, it cannot try civilians. The Special Security Court functioned previously under the Military government established by General Seyni Kountché
, but was outlawed with the coming of democracy in 1991.
Niger
Niger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...
is the responsibility of the Military of Niger
Military of Niger
The Niger Armed Forces comprises both the military and national police services of the West African nation of Niger, totaling around 12,000 active personnel and 5,000 reservists...
though the Gendarmerie Nationale
Gendarmerie Nationale (Niger)
The Gendarmerie Nationale is the national paramilitary police force of Niger. One of two paramilitary police units of the nation, the Gendarmerie Nationale is modeled on the Gendarmerie of former colonial power, France...
and the Ministry of the Interior through the National Police
National Police (Niger)
The National police of Niger are one of two Police forces, previously under the control of the Armed Forces of Niger, but following the Constitution of 1999, come under the control of the Ministry of the Interior...
and the National Forces for Intervention and Security (FNIS), a Paramilitary police force. While both Human Rights
Human rights in Niger
According to the Republic of Niger's Constitution of 1999, most human rights, as defined by the Universal Declaration of Human Rights, are upheld and protected...
and effectiveness of Law Enforcement has improved since the 1999 creation of the Fifth Republic, western monitors generally regard Nigerien law enforcement and ineffective and at times corrupt.
Structure
Following the 1999 Constitution, other police forces were removed from the Ministry of Defense and placed under control of the Ministry of the Interior. These are the FNIS, a Paramilitary police force, the National PoliceNational Police (Niger)
The National police of Niger are one of two Police forces, previously under the control of the Armed Forces of Niger, but following the Constitution of 1999, come under the control of the Ministry of the Interior...
who police urban areas, as well as local civilian police forces.
The Ministry of Defense includes the Gendarmerie Nationale
Gendarmerie Nationale (Niger)
The Gendarmerie Nationale is the national paramilitary police force of Niger. One of two paramilitary police units of the nation, the Gendarmerie Nationale is modeled on the Gendarmerie of former colonial power, France...
which is responsible for national policing outside urban areas. The system of law enforcement and criminal justice
Judiciary of Niger
The current Judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999...
are similar to the systems of Law enforcement
Law enforcement in France
Law enforcement in France is conducted at the national and municipal level, and is the responsibility of a variety of law enforcement agencies. Three agencies operate at the national level, and at the local level each commune is able to maintain their own municipal police...
and Justice in France
Justice in France
In France, judges are considered civil servants exercising one of the sovereign powers of the state, and, accordingly, only French citizens are eligible for judgeship. France's independent judiciary enjoys special statutory protection from the executive branch...
, the former colonial power
French colonial empire
The French colonial empire was the set of territories outside Europe that were under French rule primarily from the 17th century to the late 1960s. In the 19th and 20th centuries, the colonial empire of France was the second-largest in the world behind the British Empire. The French colonial empire...
in Niger.
The police emergency telephone number is 17.
Functioning
The police of all branches have consistently been accused of inadequate training and equipment, and ineffectiveness. Foreign governments have described police corruption, especially the demand of bribes for services as endemic.The police force, which is under the direction of the Ministry of Interior, is ineffective in the assessment of foreign governments, primarily because of inadequate resources. Basic supplies, such as vehicle fuel, radios, uniforms, handcuffs, batons, and badges are scarce. Patrols are sporadic, and emergency response time in Niamey
Niamey
-Population:While Niamey's population has grown steadily since independence, the droughts of the early 1970s and 1980s, along with the economic crisis of the early 1980s, have propelled an exodus of rural inhabitants to Niger's largest city...
can take 45 minutes. Police training is minimal, and only specialized police units had basic weapons handling skills. In December 2003, the National Assembly adopted legislation granting police more decision-making authority and increased compensation; however, corruption has remained pervasive.
Human rights, denial of fair public trial
If police failed to gather sufficient evidence within the detention period, the prosecutor can give the case to another officer, and a new 48 hour detention period begins. Poor communications can hinder accurate identification of detainees and can result in prolonging the 48 hour detention period. A defendant has the right to a lawyer immediately upon detention, and bailBail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
is available for crimes carrying a penalty of less than 10 years' imprisonment. Widespread ignorance of the law and lack of financial means prevents many of the accused from taking full advantage of these rights.
Security forces, acting under government direction, have occasionally detained journalists and opposition politicians. Police, acting under authority granted them by the Security Law, occasionally conduct sweeps to detain suspected criminals. Police and Military roadblocks and checkpoints are a common sight on Niger's roads, both to check papers and to collect tolls or internal tax on goods, but also to enforce laws and regulations. Accusations of corruption in such incidents are common.
The law generally requires that police conducting a search have a warrant, normally issued by a judge; however, according to foreign observers, police reportedly often conduct routine searches without warrants. Under the State Security Law, police may conduct searches without warrants when they have strong suspicion that a house shelters criminals or stolen property.
Pretrial detention and charge
There were serious backlogs in the judicial system. Despite legal limits to the pretrial confinement period of indicted persons, detention frequently lasts months or years; some persons have been waiting as long as 6 years to be charged.Trial
The Constitution provides for an independent judiciary; however, the executive branch has been accused by foreign observers of sometimes interfering with the judicial process. Defendants and prosecutors can appeal a verdict, first to the Court of Appeals, then to the Supreme Court. The Court of Appeals reviewed questions of fact and law, while the Supreme Court reviewed only the application of the law and constitutional questions. There also were customary courts.Defendants have the right to counsel, to be present at trial, to confront witnesses, to examine the evidence against them, and to appeal verdicts. The Constitution affirms the presumption of innocence. The law provides for counsel at public expense for minors and indigent defendants charged with crimes carrying a sentence of 10 years or more. Although lawyers complied with government requests to provide counsel, the Government generally did not remunerate them. Widespread ignorance of the law prevented many accused from taking full advantage of these rights. There was only one defense attorney known to have a private practice outside the capital, although lawyers traveled to various locations of the country to provide legal assistance as requested.
In civilian matters, there are reports, judged credible by the United States government, that family and business ties influenced lower court decisions. Judges sometimes fear reassignment or having their financial benefits reduced if they rendered a decision unfavorable to the Government. Nevertheless, there continued to be evidence of increased judicial independence. In May 2003, the Constitutional Court of Niger ruled against changes proposed by the Government to the Electoral Code. In 2002, the Constitutional Court noted that the Government did not have the right to remove the Sultan of Zinder from his position; the Sultan still faced fraud charges.
A military court, the Special Security Court, was reestablished in November 2003 and provides the same rights as civilian courts; however, it cannot try civilians. The Special Security Court functioned previously under the Military government established by General Seyni Kountché
Seyni Kountché
Seyni Kountché was a Nigerien military officer who led a 1974 coup d'état that deposed the government of Niger's first president, Hamani Diori. He ruled the country as military head of state from 1974 to 1987...
, but was outlawed with the coming of democracy in 1991.