HUMAN RIGHTS WATCH
Letter to H.E. Ernest Bai Koroma of Sierra Leone
Recommendations following the Presidential elections of 2007
H.E. President Ernest Bai Koroma
Republic of Sierra Leone
Freetown, Sierra Leone
November 14, 2007
Dear President Koroma:
Congratulations on your recent election as President of the Republic
of Sierra Leone. As you may know, during your country’s tragic armed
conflict, Human Rights Watch was actively involved in reporting on
violations of the laws of war and advocating for accountability for
these crimes. Since the conflict’s end in 2002, we have on numerous
occasions expressed our concern regarding the lack of progress in
addressing important issues underlying the civil war, including
rampant corruption, gross public financial mismanagement, massive
poverty amidst the country’s vast natural resources, and weak
institutions promoting the rule of law. We hope that your recent
election will mark a turning point with respect to these important
issues. We write today to urge you and your government to take
concrete steps to address human rights concerns that impact on these
issues. Our key concerns and recommendations are detailed below.
1. Striking Deficiencies within the National Judicial System: We
remain extremely concerned about significant shortcomings within the
judicial system, and the extent to which these severely undermine the
rights of both victims and the accused. Problems include extortion and
bribe-taking by court officials; insufficient numbers of judges,
magistrates and prosecuting attorneys; frequent lack of representation
for the accused; absenteeism by court personnel; inadequate
remuneration for judicial personnel; and extended periods of arbitrary
detention, including some held for up to six years without charge.
In order to relieve both the backlog of cases in the criminal justice
system and the overcrowding problem within detention centers, we urge
the Attorney General to embark on an immediate review of all pre-trial
detainees held in Sierra Leone’s prisons and to take all actions
necessary to ensure that those currently awaiting trail are given a
fair and prompt hearing.
We further urge you to prioritize the adequate staffing of court
personnel, particularly within the Department of Public Prosecutions,
which at present is seriously understaffed, most notably within the
provinces.
The professionalism of judicial personnel must also be adequately
monitored. Ensuring that disciplinary measures are taken against those
involved in bribe-taking, intimidation of witnesses, or other
unprofessional conduct is critical.
A recent report by the United Nations estimates that some ninety
percent of prisoners detained in Sierra Leone’s 13 prisons lack any
legal representation. In order to ensure adequate representation for
accused unable to retain counsel or secure bail, a mechanism for
providing legal aid service should be established.
2. Detention Conditions: Conditions within Sierra Leone’s detention
facilities are so grossly inadequate as to constitute a de facto death
sentence for a number of inmates. Hundreds of inmates endure
overcrowding and a lack of adequate food, clothing, medicine, hygiene
and sanitation. These conditions led to at least 16 prison deaths in
2007. We understand that as of this writing, the population in Pademba
Road Prison, designed to house some 350 detainees, stands at over
1000.
While a thorough and prompt review of the legal status of all
detainees would no doubt assist with overcrowding, we further urge you
to conduct a thorough review of prison management and supply rationing
to ensure that the UN Standard Minimum Rules for the Treatment of
Prisoners are respected.
So as to promote Sierra Leone’s adherence to the Beijing Rules on the
Administration of Juvenile Justice (1985) with respect to the
separation of juvenile and adult detainees, we urge you to establish
and adequately staff special remand homes for all juvenile
detainees.
Persistent allegations of mismanagement of food, medicines and other
healthcare materials by prison authorities must be duly investigated
and referred where appropriate to the Anti-Corruption Commission.
3. Corruption: Corruption in the public and private sectors in Sierra
Leone remains a major obstacle to development and respect for human
rights in that it robs the population of funds needed to support vital
services such as education, water, and healthcare. The 2005 report of
the Truth and Reconciliation Commission noted that decades of corrupt
rule by Sierra Leone’s political elite had greatly contributed to the
conditions that led to the armed conflict. As you are well aware, the
Anti-Corruption Commission (ACC) established in 2000 has been subject
to political interference that rendered it unable in recent years to
implement its mandate. This has been evident in the ACC’s failure to
investigate and prosecute offenses allegedly involving high-level
government officials. Human Rights Watch welcomes your stated
commitment to make the fight against corruption a priority of your
government and is encouraged by the appointment of highly respected
lawyer Abdul Tejan-Cole as ACC Commissioner.
In order to facilitate the work and independence of the ACC, we urge
you to amend the legislative framework of the 2000 Anti-Corruption
Act. Specifically, we urge you to push for a change in Articles 36-38
of the Act, which grant the power to indict to the Attorney-General
and Minister of Justice, as opposed to the ACC Commissioner. We
believe legally empowering the ACC Commissioner to indict individuals
implicated in corruption-related crimes would greatly serve to
facilitate the independence of the commission.
4. Police Conduct: We are encouraged to learn that during the recent
elections the Sierra Leonean police—once seen as an organ of the
ruling party—acted professionally and impartially to quell violence
generated by all sides. However, Human Rights Watch continues to
receive frequent complaints of corrupt, unprofessional, and illegal
conduct by mostly low-ranking police personnel. These include
widespread extortion from civilians, requiring victims of crimes to
pay the police to file reports or conduct investigations, and, in a
few cases, sexual abuse of female detainees. While the police board
charged with investigating these matters has suspended several police
officers for misconduct, their cases have very rarely resulted in
criminal prosecution. We therefore urge you to:
Ensure that proper disciplinary and judicial action is taken against
police officers involved in unprofessional and criminal conduct.
Establish within the Ministry of the Interior a well functioning
complaint mechanism to allow for the registration of citizen
grievances about inappropriate police conduct.
5. Abolition of the Death Penalty: We welcome the November 1 release
of three men—including former RUF spokesman Omrie Golley, arrested in
January 2006 on treason charges—who if convicted could have faced
death. As you were well aware, the grounds for their arrest appeared
to be politically motivated, and the trial was marked by a failure to
respect basic legal norms, including the alleged fabrication of
evidence. However we remain concerned about the 20 individuals,
including one woman, who remain on death row, 10 of whom following a
December 2004 conviction for treason in connection with a 2003 coup
attempt.
Human Rights Watch opposes the infliction of capital punishment in all
cases: because of its inherent cruelty, because it is most often
carried out in a discriminatory manner, and because the fallibility of
all criminal justice systems assures that even when full due process
of law is respected innocent persons are sometimes executed, and such
miscarriages of justice can never be corrected. This view is supported
by progressive interpretation of the right to life and integrity of
the person, as enshrined in international instruments such as the
Universal Declaration of Human Rights and the African Charter on Human
and Peoples’ Rights. Momentum is gathering to end capital punishment
globally and certainly in Africa. In 1999, the African Commission on
Human and Peoples’ Rights, in its resolution adopted at the 26th
Ordinary session in Kigali (Rwanda), called upon all States that still
maintain the death penalty to “consider establishing a moratorium on
executions.” Furthermore, the abolition of the death penalty and the
immediate repeal by Parliament of all laws authorizing the use of
capital punishment was a key recommendation made by the 2005 report of
the Truth and Reconciliation Commission.
We therefore urge your government to abolish the death penalty. Doing
so would mark an important milestone in the fair and humane
administration of justice in Sierra Leone.
6. National Human Rights Commission: We were encouraged to learn that
after years of delay, the National Human Rights Commission—charged
with investigating and reporting on human rights abuses and pushing
for the implementation of recommendations contained in the 2005 report
of the Truth and Reconciliation Commission—has finally been
established. However, we understand that for much of this year the
commission was under-funded, undermining its ability to carry out its
mandate.
We therefore urge you to ensure that the National Human Rights
Commission is adequately funded and allowed to carry out its mandate
with no interference from the government.
Thank you for your attention to these important issues that, if
addressed, would contribute greatly to consolidating the peace and
building respect for the rule of law in Sierra Leone. Human Rights
Watch stands ready to assist you in these efforts.
Sincerely,
Peter Takirambudde Corinne Dufka
Executive Director, Africa Division West Africa Regional Director
Human Rights Watch Human Rights Watch
Cc:
Zainab Hawa Bangura, Minister of Foreign Affairs
Abdul Serry Kamal, Minister of Justice and Attorney General
Dauda Sulaiman Kamara, Minister of Internal Affairs
Musu Kandeh, Minister of Social Welfare and Children’s Affairs
David Carew, Minister of Finance and Development
Abdul Tejan-Cole, ACC Commissioner
Jamesina E.L. King, Head of the National Human Rights Commission
Victor Angelo, Executive Representative of the Secretary General
From:
http://hrw.org/english/docs/2007/11/13/sierra17321.htm