The Day of the African Child was celebrated throughout Sierra Leone by various activities including film shows, dances, and parties. School heads treated children to beneficial activities. In some places, the activities concluded without the children even understanding the reason for commemorating the day. But, in large part, children interpret June 16 as their own day – they eat good food, put on their best African dresses, and do things freely without restrictions from parents and teachers.
Juveniles in Prison (Photo Courtesy of viiphoto.com)
Despite the celebration, not all children are able to enjoy this day. In particular, children behind bars lack the freedom to celebrate with their friends and are often neglected. A visit to the Remand Home at King Tom on June 16 left the writers with emotional feelings. Inmates and visitors, through the facilitation of Defence for Children International (DCI), celebrated the day in a unique way. A panel discussion programme was organized. It featured the parties involved in the formal juvenile court system – the magistrate and his two justices of the peace, the defence council, the prosecution, probation and prison officers, court clerks, observers, and the inmates themselves. Statements were made by the defence lawyer, Hafi Hafna, the probation officer, Mr. Saulanneh, and the Magistrate, Mr. Carew.
The Magistrate reiterated the Court’s commitment to see that justice prevails. Specifically, the Magistrate debunked an assertion made by the inmates, while presenting a skit, that there is no justice in Sierra Leone. He intimated to the audience that while many cases can be settled at home rather than court, the juvenile court may hear all cases involving youths except murder (which goes to the High Court). And, he reminded the youths that it is his responsibility to sentence young offenders according to the guidelines given him. He also reminded the audience that the Approved School is not meant to punish but to help reform children and facilitate their growth into useful citizens.
Powerful statements were made by the inmates themselves. When asked how they came in conflict with the law, the children gave several reasons; wanting to have independence, peer pressure, ignorance, desperation, and poor parental care. A former female inmate expressed her gratitude to DCI for their good work and promised to remain a law-abiding citizen because she had seen the bad part of life.
In his statement, the Executive Director of DCI, Mr. Manaf Kemokai, said juvenile justice must go beyond “just” the law. He pleaded with the Magistrate to allow for more mediation. He further admonished the Magistrate and Justices of the Peace to not to give great strength to all of the confessions made by inmates when they are interrogated by police. Such confessions are made under extreme duress and are very unreliable. Often, they inappropriately affect a pending trial.
The Head Boy of the Remand Home’s School used the opportunity to ask the Magistrate whether he would like to meet again next year at the Remand Home. This question was unfortunate because this was, already, the second year they have met in a row. The Head Boy’s question revealed several of the problems of the current juvenile system – long wait periods for the completion of trials, recidivism, and a lack of hope for a productive future. This short article will examine some of the pressing issues the juvenile system currently faces, as observed in recent court monitoring. Inappropriate facilities, transportation problems, long delays in completion of trials, and a lack of translators continue to plague the system.
In a recent case, a juvenile spent several weeks at the maximum-security prison on Pademba Road, which is meant for adult prisoners. The boy in question was initially an inmate of the Remand Home, but he was sent to Pademba Road because he was believed to be very troublesome. This was a gross violation of the boy’s rights in contravention of the Child Rights Act. The CRA indicates that the Court must be sensitive to the needs of children and youth because they have a constructive role to play in society. This situation makes clear that it is necessary to remind the judiciary, and society as a whole, as to their responsibilities in the treatment of juvenile offenders. Being troublesome at the Remand Home does not warrant any authority to take a juvenile to the adult prison. It is absurd to force a child to stay in an adult prison and to try him in a juvenile proceeding.
Children must be treated according to their rights. Being behind bars does not constitute guilt – children are presumed innocent until the contrary is proven. At Pademba Road, the boy was subject to abuse by other inmates and was robbed of any chance for the rehabilitation or counseling opportunities offered by the Remand Home. Children and youth deserve to be treated with more dignity and respect. Another violation of children’s rights noticed during recent court monitoring is the unavailability of a vehicle to transport inmates to court. Remand Home prisoners were denied the right to hearings on the 6th and 7th of June because of the lack of a vehicle to convey them to court. The officer in charge was not even sure of whether the children would be transported on the 8th because the vehicle assigned by the Ministry of Social Welfare, Gender, and Children’s Affairs (MSWGCA) broke-down and needed maintenance. Without the vehicle, children are not taken to Court and must stay incarcerated until they can make it to Court.
It is worrisome because problems like these are likely to continue and be exacerbated as the number of juvenile cases handled by the formal system increases. In the Justice Sector Reform Strategy & Investment Plan of 2008, the Government reported that only about 1,000 juvenile cases were heard in 2005. But, that number has increased in the intervening years. Even with this increase, only minimal changes have been made to the juvenile system in order to deal with more cases. The most pressing problem is the long delays in completing trials. At present, trials are conducted over weeks and months as cases are repeatedly adjourned. We observed one young man who had been held for over two months and who was still waiting for his trial to conclude. This was despite the fact that, due to counseling at the Remand Home, he admitted his act and wanted to be able to move on. But, he has yet to be convicted of committing the act in Court. The Government’s goal is to not permit any children to be held in an adult prison. But, this may become impossible because of the length of juvenile trials. As these trials drag on, other juveniles are arrested and some of them must be detained. But, space in the Remand Home is limited – there are only about twenty inmates currently held there, and it is one of only two Remand Homes in Sierra Leone. This limited space presents a problem as the number of juveniles held before their trial is completed grows.
More seriously, it is a grave violation of the rights of children to hold them in a prison-like facility for months before they have even been convicted of a crime. Yet, this is currently the norm. Another major issue is the lack of translators for juvenile defendants during their hearings. This is a problem throughout the court system in Sierra Leone, but it seems particularly pressing in juvenile trials. Many of the accused young persons have a limited grasp of English. Because of this, it is extremely difficult for them to fully understand the legal proceedings. However, it is not just the accused children that are negatively impacted by the lack of a translator. In a recent case, the accuser was unable to successfully prosecute his case because he did not speak English or Krio. The accuser could only respond to a few simple questions when he testified. The lack of a translator greatly limited his rights. This problem persists throughout Sierra Leone’s legal system despite the great number of translators that have been available to the Special Court.
Overall, the juvenile system has made some positive strides. The Remand Home is in better condition than it was formerly, there is a full-time Juvenile Court, and there is an attorney assigned to all of the juvenile defendants. But, more needs to be done to promote justice for all youths. To fully celebrate the Day of the African Child and ensure that all children, even those that are incarcerated, have their rights protected in Sierra Leone, we urge that the following recommendations be considered. All children and youth, not convicted of a crime, must be released on bail, given to the oversight of a probation officer, or placed in the Remand Home, depending on the severity of the charged offense. The MSWGCA must ensure that there is a secure vehicle available to transport youth from the Remand Home to the Court every day trials are scheduled. If a vehicle is unavailable, the MSWGCA should consider sharing vehicles between the prisons for necessary transport. If a vehicle is unavailable, the MSWGCA should consider escorting individual juveniles with appropriate security in other available government vehicles. Translators must be available at the Court House. The Government should consider training local translators to work in the Court House. Not every trial needs a translator for its entire duration so a few translators could possibly be shared between all the Courts. The length of juvenile trials must be shortened. Hold fewer trials each day. Even if fewer trials are held, giving more time to individual trials will mean that it can be resolved in fewer days. Schedule juvenile trials with more advance warning. Give all interested parties more time to prepare and to expect that all issues will be settled in as short a time as possible. The Government should examine the cost of housing youth in the Remand Home. It is possible that, by shortening the length of trials and increasing the use of probation officers, money might be saved.
