Welcome to the 55th edition of The Monitor, and its first editorial column – “The Monitorial”. This column essentially summaries the contents of the newsletter, and provides a space for the editorial team to state its position on critical national issues relating to justice, rule of law, and good governance in Sierra Leone. It is hoped that the issues discussed in this edition will be useful to government and non-governmental institutions, researchers, academics, the media, and members of the public, as we all work together in addressing the numerous challenges confronting Sierra Leone.
At least 40 persons are currently facing various charges relating to arson and riotous conduct for their alleged role in the recent politically-motivated incidents of violence in Bo and Kono. It’s been more than three weeks since the first batch of accused persons were arraigned in a Freetown Magistrate Court, and not a single witness has testified so far. We are concerned about the snail pace of the process, and urge all parties to work together for an expeditious and fair trial. The accused were released on bail on October 21, after three unsuccessful bail applications by their lawyers. We ask: What had essentially changed in the interval between the first application and the third?
The first application was rejected because the Attorney-General warned that it would be risky to release the defendants on bail as the offences were grave, and that investigations were ongoing. At the second hearing, the Attorney General objected to bail on grounds that they had received complaints of defendants interfering with witnesses. The Magistrate rejected the bail applications, even though he promised to consider granting bail after listening to some witnesses at their third appearance. No witness has testified so far, but they were released on bail anyway. This has once again generated discussions relating to the thorny issue of bail. The Sierra Leone Judiciary in 2009 approved a bail policy, which essentially sets out guidelines on considering bail applications. Even so, the policy notes that bail is still a matter of discretion, although it places an obligation on members of the Bench to state their reason(s) for granting or rejecting bail applications.
This is definitely problematic! The Centre for Accountability and Rule of Law (CARL) strongly believes that the three fundamental issues to think about in considering a bail application relate to the gravity of the offence, probability of flight risk, and any likelihood that the accused might unduly interfere with the witnesses. If, on the balance of probability, these factors weigh against the accused, then there can be no question that he/she should be held in detention. We also believe that where a bail application is rejected for any or all of the above reasons, the decision should be evidence-based.
Just as important is the need to respect the rights of the accused. On this note, we are concerned about recent media reports that prison officers rejected a request by some family members to visit their detained relatives. Both national and international instruments grant detainees a right to meet with their legal representatives and relatives. Any attempt at denying them such access constitutes an unacceptable breach of the accused’s rights.
It is also important to remind the government that selective justice does not help, it only hurts. We urge the government to immediately release the White Paper on the Shears-Moses Commission of Inquiry, and ensure that it is fully implemented.
Joseph F Kamara Esq, Commissioner ACC
We welcome recent indictments of at least seven persons on corruption-related charges. CARL-SL holds the position that corruption has no place in Sierra Leone, and we applaud the efforts of the Anti-Corruption Commission for leading the fight against the pandemic. All we ask for is justice! Let justice reign, regardless of the profile of the accused. We also urge the Sierra Leone Judiciary to bring closure to particularly corruption-related cases at the appeal stage. Undue delay at every step of a judicial process does not bode well for a country’s democratic and human rights credentials.
CARL-SL also notes with dissatisfaction the snail pace in strengthening the country’s juvenile justice system. While we recognize recent efforts at setting up Approved schools and Remand Homes for young persons, the vast majority of the country still lacks basic infrastructure for children who fall in conflict with the law. We commend the President for appointing a Gender and Children’s Affairs Minister, apparently in response to the call by the Child Rights Coalition – Sierra Leone. That said, we can’t afford to put the issue of children on the backburner. We also note the efforts of two bodies that have demonstrated commitment to addressing children’s issues – The Child Rights Coalition – Sierra Leone (CRC-SL) and AdvocAid. Recent efforts by these coalition and organization demonstrate how much we can all contribute when we work together.
Last Updated on Thursday, 16 February 2012 03:43
