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 increase in recent times in such a
manner that it requires a severe and drastic approach by the appropriate
authorities.
Extrajudicial punishment used to
be a feature of politically repressive regimes, but lately even
self-proclaimed or internationally recognised 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 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 organisations 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 policemen 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.
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 cases of extrajudicial punishment. In an such
circumstance, the police or military personnel may be unofficially
authorised 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.
Fred Nwaozor
Owerri, Imo State
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