By Amin Kef-Ranger
In a statement issued by the Campaign for Human Rights and Development International (CHRDI) dated 9th February 2022 it was stated that earlier last week, the Sierra Leone Police “invited for questioning” Sidie Yahya Tunis, APC’s Acting Publicity Secretary, and Deputy Spokesman, after an interview which he granted to Radio Democracy 98.1 “Good Morning Sierra Leone” program on February 7, 2022.
According to CHRDI, the SLP deemed his statements on the radio program tantamount to “incitement” and as such Tunis was charged and released on Le 200 million bail and asked to report again to the CID on the 14th February 2022.
It continued that recently it is the second prominent opposition party leader that have been detained and questioned because of statements made on Radio Democracy.
The rights-based organization said as we approach the 2023 national elections, it notices with concern that the number of arrests of prominent opposition members, including prominent women, is on the rise.
Stating few examples of these arrests it referenced in December 2021, when the Sierra Leone Police arrested the Leader of the Unity Party, Femi Claudius-Cole and about 20 other women who went to the CID to peacefully protest the arrest of another prominent female opposition leader, Diana Finda Konomanyi.
The organization also mentioned how in December 2021, the Sierra Leone Police arrested female opposition leader, Diana Finda Konomanyi, who was questioned in connection with a video she posted on social media asking her constituents to refuse participation in the mid-term census.
Again it pointed at the December 7, 2021 incident when the Chairman of the opposition National Grand Coalition party, Dr Dennis Bright, was also invited by the Sierra Leone Police to be questioned in connection with his interview on Radio Democracy about the government’s mid-term population census. Dr Bright was released after the questioning.
It went on to state that on May 1st, 2020, Dr Sylvia Olayinka Blyden, a senior female politician to the main opposition APC party was arrested, and on May 22nd authorities charged Blyden with sedition, defamation, and “perversion of justice” over her social media posts. She was discharged after the repeal of Part V of the Public Order Act of 1965.
CHRDI maintains how it has observed with grave concern an increase in the arrest and prosecution of other citizens who speak up against the Government or criticize the Government and the leaders at State House.
The rights-based organization added that it is deeply concerned about this pattern of arrests of opposition leaders in Sierra Leone, as well as arrests of civilian people who criticize the Government.
“These arrests have a chilling effect on the people of Sierra Leone regarding their space to assemble freely and to freedom of expression,” CHRDI asserted furthering that the pattern represents a blatant attempt to intimidate politicians and political activists and to silence the regular people who wish to express disapproval to the way the Government of the day carries out its duties, promises and obligations.
It went on to state that at the same time, CHRDI acknowledges that freedom of speech comes with responsibilities as well stressing that as we approach the 2023 elections, they urge ALL political leaders and activists to criticize based on facts, evidence, and data and to remember that an irresponsible speech may have far-reaching effects.
The organization also urged all political party members/supporters to respect the laws of the land, and refrain from making irresponsible statements.
It underscored that at the same time, the leadership of the Sierra Leone Police must train their staff to understand that criticizing the Government does not constitute “incitement” and that the fundamental role of the Police is to protect the people.
CHRDI categorically pointed out that according to the POLICE ACT 1964, ACT NO 7 OF 1964 Sec 4 the general duties of the Police Force, include detection of crime, apprehension of offenders, preservation of law and order, protection of property and enforcement of all laws and regulations and not to assure the people of insecurity
It also pointed out that Article 19 of the International Covenant on Civil and Political Rights – ICCPR which Sierra Leone also ratified, states that everyone has the right to freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
Without freedom of expression and information, according to CHRDI, political parties’ right to association and their right to take part in public affairs amount to little or nothing.
The rights-based organization pinpointed that it is freedom of expression that ensures the right of political parties and their members to present their political views, values, and to take part in the political debate, etc.
The Organization quoted the ICCPR by stating that: Everyone shall have the right to hold opinions without interference, that everyone shall have the right to freedom of expression and such shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
CHRDI stated that the exercise of the rights provided for in paragraph 2 of that article carries with it special duties and responsibilities and it may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: for respect of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals.
The rights-based organization maintains that the Government of Sierra Leone is obliged to ensure these rights. Also quoting the African Court on Human and People’s Rights it was stated that: States shall review all criminal restrictions on content to ensure that they serve a legitimate interest in a democratic society.
That Freedom of expression should not be restricted on public order or national security grounds unless there is a real risk of harm to a legitimate interest and there is a close causal link between the risk of harm and the expression.
Referencing Article 19 of the Universal Declaration of Human Rights, CHRDI said it mandates that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
Based on the standpoint of the organization, the Sierra Leone Government is obligated under those international laws and conventions to: Respect the freedom of expression of all political parties, their members, and activists, to take positive actions to prevent non-State actors from interfering with the exercise of freedom of expression by political parties and their members, and to put in place positive measures to ensure that its own actions contribute to the free flow of information and ideas in society, e.g. through a legal framework to provide for access to information held by public bodies.
