By Amin Kef Sesay
Note: Campaign for Human Rights and Development International (CHRDI) has made critical observations about shortcoming of Sierra Leone’s Justice delivery system; especially under the COVID-19 emergency. Below are excerpts of the main observations and recommendations for remedy made by the human rights organization.
Based on its findings that was released in September 2020, the Campaign for Human Rights and Development International (CHRDI) announced that their policy paper on “JUSTICE UNDER LOCKDOWN“ has been published in the CHRDI Human Rights and Policy Brief.
Constitutional supremacy, and the vindication of rights, is only possible where there is access to justice and where the constitution guarantees its citizens rights; be it fundamental or statutory.
It is a fundamental part of our democracy. It has to be visible but in a case like Sierra Leone, where you only have 63 judges and magistrates serving a population of over 7 million people, there is a lot to be desired, especially in periods of national or global emergencies that may hinge on the Human Rights of citizens.
Although the WHO declared COVID-19 as a public health emergency on January 30, 2020, the courts in Sierra Leone continued to function through to the last week of March.
Sierra Leoneans were unable to use their jurisdictional guarantees for over two weeks for all criminal matters and civil matters over a month amid a state of emergency.
Many accused persons were locked up in police cells across the country, languishing in detention facilities unjustly, while suspects were being held unlawfully at the CID without being charged to court, a clear violation of section 17 of the 1991 constitution.
The unlawful detention of these citizens is violating their human dignity and destroying their lives. To detain citizens without charge and with no regard for due process is in clear violation of the laws of Sierra Leonean and international Human Rights Law.
The Universal Declaration of Human Rights states that no one may be subjected to arbitrary arrest, detention, or imprisonment. All defendants have the right to a fair trial.
The anti-Coronavirus pandemic measures have not only affected many spheres and functions of the State and society, but they have also affected justice systems as the normal operation was interrupted, suspended, or adjusted to fit the new circumstances.
In Sierra Leone today people are held without due process and prisoners are convicted in unfair trials and even though citizens have a constitutional right to written charges within 24 hours of detention, this is rarely observed. State capacity to protect citizens from abuse by private and non-state actors is limited by serious logistical and financial constraints.
While such measures may have been necessary to effectively tackle the pandemic, the limited operation of the courts, as well as limitations on access to legal advice, have implications for access to justice and the right to a fair trial.
They also raise questions of the capacity of the judicial system to provide redress for possible violations of human rights related to the pandemic and the consequent emergency measures.
Indeed, there is a need for rapid and decisive action by the government to ensure that the most vulnerable people and economic agents have the necessary legal support and access to channels to address their legal problems, thus highlighting the importance of a broad and coordinated policy response that includes the provision of basic legal services.
The current attitude and behavior of the Judiciary in Sierra Leone are not consistent with either Sierra Leonean or international law. There is no system for genuine evaluation and validation of judges and no clarity on why some judges were removed and why others were not. There is a real risk that bad governance could establish a new culture in the judiciary where judges view the executive as their superiors.
Most urgently, an effective system must be put in place to protect the position of the judges and the integrity of the Judicial Council from outside interference.
The government of Sierra Leone should allocate adequate resources, facilities, and equipment to the courts to enable them to function under the best practices standards and to enable magistrates and judges to work efficiently.
