by ibakarr | Aug 11, 2016 | Blog
The Constitution of Sierra Leone, 1991, provides, amongst others, fair trial rights that should be granted to every individual who is alleged to have fallen foul of the law. Whereas Chapter III specifically provides for the protection of basic human rights and freedoms of individuals, the Criminal Procedure Act, 1965, which is the main legislation on criminal proceedings in Sierra Leone, outlines arrest, interrogation, pre-trial and trial procedures that should be followed during criminal trials for all individuals. These rights and procedures are very important and that they can only be abrogated where the interests of justice so require. Other instruments such as the European Convention on Human Rights and the African Charter on Human and People’s Rights also provide for the protection of fundamental rights of individuals at all stages when in conflict with law. Amongst the many rights guaranteed by both national and international instruments, three rights- the right to be presumed innocent until proven
guilty in a competent tribunal established by law; the right to be tried within a reasonable time or to be released from detention; and the right to a counsel or legal assistance will be the main thrust of this article. The reason for my ‘bias’ in dealing with these rights in particular is to help lay bare the uneasy facts that I have come to terms with during my monitoring visits to the High Court sitting in northern part of Sierra Leone.
Every individual charged with an offence has the right to be presumed and treated as innocent, unless and until they are proven guilty according to law in the course of a fair trial. This right is guaranteed by Section 23(4) of the Constitution of Sierra Leone, 1991. It is also guaranteed in Article 14(2) of the International Covenant on Civil and Political Rights; Article 7(1)(b) African Charter; and paragraph 2(d) of the African Commission Resolution on fair trial rights. In addition, Article 6(2) of the European Convention on Human Rights guarantees the presumption of innocence in criminal proceedings. However, it applies only to a person who is subject to a criminal charge and does not therefore apply at the investigation stage. The right to be presumed innocent until proved otherwise requires that judges, juries and all other public officials refrain from pre-forming opinion about any case before them. The right to a presumption of innocence also means that the prosecution must prove the accused person’s guilt beyond a reasonable doubt.
The other is the right to be tried within a reasonable time. The reasonable time provision is designed to prevent a person charged from remaining “too long in a state of uncertainty about his fate.” It is therefore directed primarily towards excessive procedural delays in the conduct of a prosecution, including any appeal. The reasonable time guarantee runs from the moment that an individual is subject to a “charge” within the meaning of the relevant statute. This is taken to be the time when the defendant is “officially notified” or “substantially affected” by proceedings taken against him. The Constitution of Sierra Leone, 1991 guarantees this right in Section 23(1). Also, Article 6(1) of the European Convention on Human Rights guarantees the right to trial within a reasonable time.
Lastly, is the right to legal assistance to indigent persons accused of a criminal charge. According to Article 14(3)(d), a person charged with a criminal offence has the right ‘to have legal assistance of his choosing assigned to him, in any case where the interests of justice so require’. The right to choose a counsel means that the accused will have the opportunity to choose freely. Article 6(3) of the European Convention on Human Rights generally guarantees certain rights necessary for the preparation and conduct of defence. The accused might choose to prepare his defence himself (the right to defend oneself), or to apply for legal assistance. Article 6(3)(c) provides the accused with the right to ‘defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require’. The guarantee protects the person charged with a criminal offence from inadequate representation of his interests on both pre-trial stage and court proceedings. The guarantee of a legal counsel is supplemented by the requirement of an adequate counseling. This means that the person providing the legal assistance must be professionally qualified to do so according to national law.
However, notwithstanding these elaborate provisions that are sanctioned in national, regional and international instruments, their actual application in the day-to-day administration of justice remains worrying particularly in the north of the country. Several cases abound in this area where the Court stands ‘accused’ of under utilizing the provisions of fair trial rights to the detriment of those alleged to have committed offences against the state. The frequent adjournments of cases is greatly hindering the quick dispensation of justice which invariably violates the accused right to be tried without unwarranted delay. Most of the cases that are committed to the High Court go through series of adjournments often for trivial reasons from the prosecutors and court officers. An instance to underscore this fact is that Foday Turay and Abdulai Kamara, both separately charged with murder offence, have had their cases adjourned for over 150 and 100 times respectively; while they remain incarcerated. And the main reason for such adjournments has been due to the fact constituting the jury has been a huge challenge for the Court. Most of those that often do jury duty are engaged in other activities where they earn a living and so prioritize. As such, when their activities clash with jury duty, it is the jury duty that they forego; with its attendant consequences on the criminal justice system-where there are no jurors to preside, or where the panel is not duly constituted, the Court cannot proceed thereby ensuing delay in trials.
Also, the lack of legal representation has become a cog in the wheel of justice in the north of the country. The majority of murder cases for instance that do come up for hearing in the Court are frequently adjourned because of this malaise (lack of legal representation). A clear example is that of Foday Turay and Abdulai Kamara, both alleged of have committed murder in the Tonkolili District. These accused persons have not been represented or rendered any legal assistance since their cases were committed to the High Court on the 26 January 2009 and 27 March, 2009 respectively. In fact, since 2010 to date, very few murder cases have had legal representations in the Court, thus warranting unending adjournments. In instances where a few are represented under the legal aid scheme, the lawyers make infrequent appearances in Court. Perhaps they consider the remuneration for their service too small to cover all expenditures throughout the trial process and thus prioritize cases where they have affluent clients. This lack of legal representation in murder trials is a contributing factor to overcrowding at the Makeni state prison.
From the foregoing, it is plausible for one to think that the dispensation of justice in the north of Sierra Leone is not in tandem with modern best practices in the criminal justice system. It leaves one with the impression that the Court has passed judgment on the accused persons as “guilty as charged;” even before they are put on trial. Put in another way, they have already been placed at a substantial disadvantage vis-à-vis the prosecution. The frequent adjournments and lack of legal assistance undermines the principle of equality of arms. And there is also a close relation between the principle of equality of arms and the presumption of innocence. The closeness of these two concepts consists in the fact that a person considered innocent until proved guilty beyond a reasonable doubt shall have equal procedural rights as the prosecuting authority.
In concluding, the buck stops with the Court in addressing the mirage of inadequacies currently clogging the criminal justice system. Presumption of innocence of accused persons, unwarranted delays in trials and lack of legal counsel for indigent accused are all genuine concerns for the Court. This is a litmus test for the Court to demonstrate its statutory obligation of dispensing “quality and accessible justice to all” in the northern region. It should make it abundantly clear to all that the Court is a court of justice; and not a court for the mighty and powerful in society. And that the inability of any party concern in a trial should not inhibit the enjoyment of rights of the other party; and that where such is the case, the Court will decide accordingly in the interests of justice.
by ibakarr | Aug 11, 2016 | Uncategorized
The 27 April 2011, marks Sierra Leone’s 50 years of independence; 50 years since the Union Jack was lowered and the green, white and blue colours were hoisted to mark that epoch-making and momentous occasion. In effect, 50 years since Sierra Leone became an independent state in the community of nations; and 50 years of charting our own course and shaping our own history. While we as a people, bonded by a common destiny, celebrate this golden jubilee; it is equally time for us to reminisce on how state institutions have evolved and contributed to the arduous task of nation building since we bade farewell to British colonial hegemony. And this synopsis pauses to ruminate on what the state of the Sierra Leonean judiciary has come to viz-a-viz its independence.
HE Ernest Bai Koroma, President of the Republic of Sierra Leone
It is a food for thought for all Sierra Leoneans who love Sierra Leone and are sincere to celebrate a new Sierra Leone. When Sierra Leone became a sovereign state 50 years ago, it inherited legal and governance systems modeled on the western system. They were well structured and organized to meet the needs of the people they were established to serve. Effective and efficient service delivery was paramount to all including the judiciary. There was real judicial independence as was evidenced in a classical separation of powers arrangement that was bequeathed to us at the dawn of the new political dispensation.
Hon. Justice Umu Hawa Tejan Jalloh, Chief Justice of Sierra Leone
The courts were efficient, responsive and accountable: judges made decisions based upon a dispassionate application of law to the facts rather than bias in favour of one party; they were not subjected to removal from office or threats for reaching decisions unpopular with the government; the judiciary was largely self-governing, was not subject to political cuts to its budget, and was free from administrative interference; it possessed genuine powers to determine questions of law and fact in all cases, including those involving the executive branch; it was recognized by the constitution, other political branches, and civil society as a separate entity with the legitimate purpose of upholding the rule of law; and that the judges were immune to bribes, favours, and other forms of influence which might affect impartiality. In effect, the institution epitomized justice; a place of hope for the hopeless, poor and marginalized in society.
However, as post independence leaders began to understand that the legal system offers an arena in which people can hold political leaders and public officials to account, protect themselves from exploitation by those with more power, and resolve conflict that are individual or collective, they metamorphosed into hawks and preyed on judicial independence. The obsession of power and lucre that have attacked and destroyed much of our national norms and value fabric stealthily found its way, predictably, into judicial sanctity and caused much havoc in so little time. This had particularly malign consequences for judicial independence and the integrity of the judicial system. Yet to wholly lay the blame at the door step of political actors will be a travesty of justice. It is multi-faceted; involving both state as well as non state actors.
Independence of the judiciary, as many people would argue, begins, or at least, is characterized by a kind of internal independence of mind and spirit that exudes out as a physical quality-the attitude to defend the integrity of the judicial space granted by the constitution and the nature of the judicial function. That perhaps has been a major challenge for some officers in the judiciary. But they are human beings with human frailties and failings. Where the society that moulds the way their lives are lived becomes banal, they too, may become vulnerable. However, hardly anyone will dispute that the cost of their failing is too profound for the values that defines and identify the judicial institution as a whole.
For a proper administration of justice, it is necessary to ensure judicial independence, because in criminal cases, only the courts can “do justice”. There are no alternative justice models, as one can possibly envisage in civil litigation. Therefore, the independence of the judiciary becomes crucial; as there is also a close relation between the concept of judicial independence as a general constitutional principle, and the concept of “access to justice.” Access to justice per se depends on whether there is or not a proper institutional and personal independence of judges, not only de jure independence, but also de facto situation.
Judicial independence is not only central to the realization of constitutionally guaranteed rights, but also to the broader goals of development and poverty reduction. An independent and accountable judiciary is critical towards the realization of the rule of law, social, political and economic stability of any nation. To achieve high judicial standards which are pegged on international best practices, substantial attention must be given to institutional and legal infrastructure reforms necessary to support, implement and sustain these ideals, as well as to promote a rule of law culture.
In Sierra Leone, successive governments have down played the deepening crisis of confidence in the judiciary, suffering from chronic procedural bureaucracies, case backlogs, limited infrastructure and inadequate personnel leading to a virtual collapse of the judicial system particularly on the eve of the civil strife. However, judicial reform and judicial institution building has received considerable attention in recent years, and there is much that can be said about judicial training, infrastructure, case management, conditions of service and so on. But in addition to these aspects, judicial independence turns crucially on what are irreducible political factors. Ideally, the judiciary is the guardian of the rule of law, individuals’ legal rights, and democracy. Being apolitical, only the judiciary can safeguard democratic values against political influence.
Therefore, as we celebrate this golden jubilee, our hope is to see fundamental reforms within the judiciary taken place as opposed to reforms merely intended to address some inconveniences in the administration of justice. Hence, we entreat all policy makers and stakeholders involved in judicial reforms in Sierra Leone towards agitating for a more progressive, independent and accountable judiciary.
by ibakarr | Aug 11, 2016 | Blog
Introduction
Towards the end of 2010, the number of paralegals providing free basic justice services in Sierra Leone doubled, as donors joined with non-governmental organizations and community-based groups to create a nation-wide network of legal assistance. Funded by the Open Society Foundations, the German aid agency GIZ, Trocaire, and Christian Aid, with technical support from the World Bank, Timap, and the Open Society Justice Initiative, new field offices were opened by Timap for Justice, Access to Justice Law Center, AdvocAid, BRAC, Justice and Peace Commission/Caritas, and Methodist Church Sierra Leone in 16 locations across the country.[i]
Sonkita Conteh Esq
These paralegals had earlier undertaken an intensive six-week training course which consisted of class room lectures provided in part by prominent legal experts on various law subjects and field based-work supervised by very experienced paralegals. Over the past few months, these paralegals have handled a wide assortment of cases, ranging from child support to inheritance to employment practices and abuse of authority. T
hey have provided basic legal information and advice, assistance navigating institutions of authority and some litigation support. They have primarily used their mediation and negotiation skills to get the parties themselves to fashion out and agree on mutually acceptable solutions and have also been involved in some community organizing. Crucially, the paralegals have been able to bridge the gap between the customary and formal legal systems by providing meaningful assistance to people across both systems as required.
This article will attempt to bring out some examples of the range of cases paralegals deal with in order to provide a better understanding of how the model actually works and to demonstrate the real impact of their work in the lives of ordinary people. It is hoped that it will also help allay the lingering suspicions of those in or connected to the legal profession, who are still sceptical about a role for paralegals in the justice sector.
School authority requiring extra charges from parents
A secondary school in Kabala had asked for extra school charges from parents during interviews for new students going into JSS 1. The school had asked for interview fees, development fees and other charges which are not part of the government-recommended charges. Some parents who could not ordinarily afford such sums and who were unable to persuade the school to drop those extra charges went to the paralegal office in Kabala for help. They had been compelled to pay, otherwise their children would not have been allowed in school. Faced with this unpleasant choice, some had to borrow the money from friends and family to pay the extra school charges. The paralegals entered their complaint in the appropriate case form and obtained signed statements from them. They then went to the principal of the school to let him know about the complaint and to get his own side of the story. The principal denied knowing that parents were asked to pay those extra charges and blamed the teachers on the interview committee. He conceded that the extra school charges were improper after the paralegals referred him to the provisions of the education policy and agreed to refund monies to the parents who had been made to pay the extra charges, including all the complainants. He also undertook not to exceed the recommendations on extra charges in the education policy. A few weeks later, when the BECE results were released, the principal contacted the paralegal office claiming that some of the teachers wanted to ask parents to pay similar extra charges fees but he had rejected it. The paralegals commended him and urged him to continue to be resolute. The parents who made the complaint to the paralegal office confirmed that they had received a refund from the school.
Lay magistrate demanding ‘withdrawal fee’ from civil suit parties
A man reported to the paralegal office in Lunsar that he had been taken to the magistrate’s court by a group of people whom he owed some money. He had been contracted to provide certain services by a contractor in Makeni and as a result had to enlist this group of people to carry out the terms of the contract. After paying him an advance, the contractor refused to pay the rest of the money even though the work had been satisfactorily completed and despite repeated requests. Consequently, he could not pay the remaining compensation to the group. He wanted the paralegals to help him retrieve the outstanding amount from the contractor so that he could settle his creditors and bring the case against him in the magistrate’s court to an end. After admitting the case and obtaining his statement, one of the paralegals, accompanied by the man, went to Makeni to meet up with the contractor, inform him about the complaint and hear him out. He admitted owing the man, but was reluctant to indicate how and when payment was going to be made. The paralegal then explained to him the likely consequences, including payment of interest and costs, if the matter was taken to court. The contractor was persuaded and immediately came up with part of the amount owed which the paralegal, on the instruction of the man collected. Returning, the paralegal invited both the man and the group to the office and brokered an agreement between the parties which saw the group of creditors accepting payment of the debt in return for the withdrawal of the civil suit from the magistrate’s court. The paralegal then accompanied the parties to the next sitting at which the plaintiffs informed the court that they no longer wished to proceed with the suit because the debt had been paid. One of the lay magistrates then informed the parties that they had to pay a ‘withdrawal fee’ of Le 300,000, or they will be compelled to proceed with the suit. Despite the intervention of the paralegal, the lay magistrate refused to vary his stance and the paralegal had to request for the intervention of one of the supervising lawyers which resulted in the withdrawal of the suit without payment of any fee and a suitably reprimanded lay magistrate, who, it has been confirmed, stopped asking for ‘withdrawal fee’.
Non-payment of labourers for work done
During a mobile clinic session at Rogbere, 6 men reported to the paralegals that they were hired by a contractor of a certain construction company to do work on the Masiaka-Rogbere road for the lump sum payment of Le 1,600,000 (one million six hundred thousand leones). They did the work but the contractor failed to pay them as agreed. They made several complaints to the youth chairman, ward councilor and the chief without any success with the contractor always maintaining that he had not been paid by SLRA which awarded him the contract. One of the paralegals called the contractor on the phone and he said the same thing, but this time promising to pay the men from his personal funds- he never did. The paralegal then went to the SLRA office in Port Loko to make enquiries and was informed that it was the SLRA head office in Freetown that awarded contracts. The paralegal came to the head office in Freetown and spoke to the Director who, after the paralegal’s explanation, including the possibility of legal action against the construction company, revealed that the contractor had been completely paid off a long time ago for the work. As soon as the meeting ended, the paralegal called the contractor and confronted him with the newly acquired information but he again denied receiving payment from SLRA whereupon the paralegal disclosed that he was in the office of the Director who then called the contractor, berating his shabby treatment of the six villagers and warning him of the real possibility of him being disqualified from future contract considerations as a result of his improper conduct. At the end of their conversation, the contractor immediately telephoned the paralegal saying that he was going right away to his bank in Makeni to get the money to pay the men off and wanted the paralegal to witness the transaction. He also begged the paralegal to put in a good word for him with the Director, but the paralegal responded in the negative. At Rogbere junction the contractor handed over the Le 1,600,000 to the paralegal which was then paid to the 6 men for their labour.
The uniqueness of the methodology
Paralegals use a variety of tools to tackle basic justice problems. They can mediate, negotiate, navigate institutions, provide information or organise communities to take collective action. When one or more of these fail in a particular case or a party refuses to comply with the terms of a mediated agreement, the paralegals can rely on the supervising lawyers to provide direct legal representation or high level advocacy. The muscle to litigate is a significant part of the methodology as it not only ensures compliance by the parties involved but generally adds strength to the paralegal’s work.[ii] The availability of a wide range of problem-solving tools allows for inventiveness and flexibility on the side of the paralegals, which may not be available in other models of justice service delivery and accounts for the high rate of resolution of justice problems by the paralegal. Paralegals are not tied to their offices or bound to a specific location. They reach out to distant communities and individuals through periodic meeting sessions called mobile clinics at which they provide information on a variety of topics reflecting particular areas of need and endeavour to answer some if not all of their queries. This ensures that communities without paralegal offices also benefit from the completely free services that they offer. Without a doubt, the known key players in the justice sector, like judicial officers, lawyers and the police cannot provide these basic but high value services which rural communities find particularly useful and for which demand is rising.
Conclusion
The reality of the situation in Sierra Leone is that owing to several factors, accessing formal justice systems is impossible for many.[iii] Even where accessible, formal systems are so clogged up and susceptible to delay and corruption that obtaining a fair and speedy outcome cannot always be guaranteed. This rather grim national reality begs for interventions on several levels. On the ‘supply side’, state institutions need to be reformed and made more efficient and corruption-free. But these alone cannot guarantee universal access as formal justice systems, no matter how well improved, will not be able to process every single dispute of the populace. Hence the need for community-level initiatives and interventions to help meet the ever increasing dispute- resolution demands of the people. Community-based paralegals, as one method of primary justice service delivery have been and continue to be instrumental in helping the poor get concrete solutions to their basic justice problems. This comes through clearly in the case examples discussed and in several independent evaluations of their work.[iv] It is a methodology that holds great potential for transforming the justice landscape in Sierra Leone and as part of the mixed-model legal aid scheme soon to be enacted, will become a critical part of legal aid services nation-wide.
[i] See Justice Initiative press release of 20 August 2010 announcing the expansion of basic justice services available on http://www.soros.org/initiatives/justice/focus/legal_capacity/news/sierra-leone-paralegal-expansion-20100820.
[ii] Between law and society: Paralegals and the provision of primary justice services in Sierra Leone, Open Society Institute, 2010, pg. 19.
[iii] The Government of Sierra Leone Justice Sector Reform Strategy and Investment Plan 2008-2010 states that 70% of the country’s population cannot access formal justice institutions.
[iv] See for example the World Bank, Justice for the Poor Report on the work of Timap for Justice published in 2009.
by ibakarr | Aug 11, 2016 | Uncategorized
February and March 2011, parties in the trial for Charles Taylor amidst controversies, made closing arguments to Judges of the Special Court for Sierra Leone (SCSL) sitting at the Special Tribunal for Lebanon (STL) in The Hague. The oral arguments which were presented pursuant to Rule 86 of the Court’s Rules were meant to supplement final written briefs earlier submitted by both prosecution and defence, and not to reiterate the briefs themselves. Both written briefs and supplemented oral arguments were presented to respond to issues presented by the Judges and the opposing party during the course of the trial and to assist the Judges in their deliberations for a final judgment as to whether Taylor is guilty or innocent of Eleven counts of war crimes, crimes against humanity and other serious violations of international law. In its written brief, the Prosecution attempted to expose what they considered as Taylor’s deceitful efforts to appear as a peacemaker, whilst providing support for the Revolutionary United Front (RUF) to commit crimes in Sierra Leone. Chief prosecutor Brenda Hollis submitted in her oral argument that the defence had attempted to turn the proceedings into a political forum, and reiterated the quality of prosecution’s evidence in discharging their burden of establishing Taylor’s guilt. The defence in rebutting prosecution’s claims, attempts to show that the prosecution has not been able to establish Joint Criminal Enterprise (JCE) as pleaded in the indictment and submitted that the whole theory should be disregarded.
The Prosecution in their submissions emphasized that documentary evidence tendered by the defence have helped prove the case for the prosecution in establishing Taylor’s guilt. They submitted that documentary evidence from the defence corroborated prosecution’s evidence especially where they were lacking. It was recalled by the Chief prosecutor that the prosecution lacked documentary evidence to show that Taylor was holding secret meeting with members of the RUF, where plans were made to commit crimes and take control of the diamond areas in Sierra Leone. This situation, she argued, was remedied by defence documentation relating to meeting between Taylor and Sam Bockarie then Commander of the RUF in 1998. She further noted that the defence did not establish that such meetings were meant to broker peace, and submitted that discussions to take control of Sierra Leone were done in such private meetings. Also Ms Hollis recalled that Taylor has claimed that meetings relating to RUF and their activities were transparent and were mostly organized by other West African leaders, but documentary evidence from the defence shows that Taylor was in fact meeting secretly with members of the RUF. On this rubric, she concluded that the Trial Chamber should evaluate the probative value of evidence submitted by both parties and submitted that all of the prosecution’s documents attempted to establish Taylor’s guilt.
In discrediting the case for the defence, the Prosecutor submitted that it was baseless and that the defence throughout the proceedings has mischaracterized prosecution’s evidence by alleging inconsistencies. She submitted that there has been no inconsistency in the case for the prosecution and that the defence has completely misconstrued their case. Further, looking at defence witnesses, the Prosecution submitted that witnesses such as Issa Sesay should not be relied upon, noting his character as one of a ‘rapist’ and a murderer.
Turning to the issue of diamonds, the prosecution argues that Taylor’s aim of supporting the RUF was to control the diamond areas of Sierra Leone. Ms Hollis submitted that the defence argument that there is no evidence to show that Taylor was involved in the war should be disregarded as there is enough evidence to show Taylor’s motive as one of pillage of mineral resources, thereby exploiting Sierra Leone’s natural resources.
Finally, the Prosecutor noted that the defence has attempted to make the proceedings one of a political and propaganda theatre for Taylor. Noting the defence’s comment of the trial being one of a ‘21st century form of neo-colonialism’ she submitted that such comment may suggest perversion of justice as it implies that Africans should only be tried by Africans and in an event where there is a lack of an institution to try alleged perpetrators, victims will never find justice.
Lead Defence Counsel, Courtenay Griffiths, QC used his time to discredit the prosecution’s theory of JCE and a number of inconsistencies in their case. A central theme of the prosecution’s case is that Taylor had at all times acted in concert with members of the RUF and AFRC to exploit the natural resources of Sierra Leone, thereby perpetrating atrocities on the civilian population. The defence submitted that the prosecution has failed to establish a JCE involving Taylor and that he cannot be linked to the commission of crimes in Sierra Leone through a JCE. In looking at what they considered to be a disjoint, the defence discussed alleged agreement in Libya between the RUF and Taylor, training activities in Liberia and the 1999 Freetown invasion. It was submitted that there is no evidence to establish these claims as propounded by the prosecution and that they have not succeeded in proving a JCE between Taylor and any warring faction. Further, it was submitted that there is no evidence to show a common purpose between Taylor, RUF and AFRC, to take over the mining areas of Sierra Leone.
In looking at a common purpose between Taylor and the warring factions, the defence recalled division between the RUF and the AFRC and between Taylor and Sankoh, and submitted that there could be no common purpose when such fractions existed. In concluding, the defence submitted that for a JCE to exist, the accused participation must be significant and that the prosecution must fail because there is no evidence to show any substantial contribution made by Taylor.
Finally Griffiths recalled the basic principle of criminal law – that the prosecution has the burden of proving their case beyond reasonable doubt – and that the prosecution has sort to transfer this burden to the defence. He submitted that the defence is not obliged to prove its case and this can only be challenged in certain circumstances. Whilst the defence has attempted to produce some evidence to establish Taylor’s innocence, this was only done to corroborate any general defence raised by Taylor. Lead Counsel concluded by apologizing to the Judges for any disrespect shown during the course of the trial. The hearing was declared closed pursuant to Rule 87 of the Court’s Rules and the Judges be made to retire for private deliberations before reaching a verdict of guilt or innocence.
Charles Ghankay Taylor was indicted under seal on 7 March 2003 and subsequently published on 4 June 2003 during his first trip outside of Liberia. He was arrested and transferred to the SCSL in March 2006 and transferred to The Hague on 30 June 2006. The Prosecution opened their case on 4 June 2007, with the accused being absent and subsequently dismissing his defence team. Following the appointment of a new Counsel, the Prosecution opened witness testimony on 7 January 2008 and closed their case on 27 February 2009 calling 91 witnesses, including 58 crime base witnesses, 29 insider (linkage) witnesses and four expert witnesses. In addition, written statements were admitted from four crime base witnesses, and reports from two additional expert witnesses. On 4 May 2009 the Trial Chamber dismissed in its entirety a Motion for Judgment of Acquittal brought by the Defence. The Defence opened their case on 13 July 2009, and concluded on 12 November 2010 calling 20 witnesses, including Mr. Taylor himself.
by ibakarr | Aug 11, 2016 | Uncategorized
Sierra Leone went through a decade-long dark period in its history by the close of the last century; a period that was characterized by serious violations and abuses of human rights of different kinds and varying degrees. Amongst the most heinous barbarity that became the hall mark of most of the warring factions was that of sexual violence particularly against women and girls as have been documented by several reputable human rights organizations including Human Rights Watch, a New York-based human rights organization, in a release entitled ‘Sexual Violence within the Sierra Leone Conflict’.
During the civil strife, sexual violence became widespread and systematic against women and girls including individual and gang rape, sexual assault with objects such as gun butts, firewood, and sticks; and some were kept in sexual servitude for long periods and forced bondage to male combatants. These slavery-like conditions often accompanied by forced labour and sexual crimes were most often characterized by brutality and in some instances extended to other members of the victim’s family. Most of the warring factions used sexual violence as a weapon to terrorise, humiliate, punish and ultimately cow women and girls into subservience. Thus, it is only a truism to say that the war in Sierra Leone was a war of terror against women and girls who bore the brunt of the atrocities. This point is underscored by the fact that the Truth and Reconciliation Commission was, amongst other functions, implored to ‘give special attention to the subject of sexual abuses’.
However, the end to hostilities in the country has not seen an end to sexual related violations and abuses as stakeholders continue to grapple with diverse ways to delete this deadly virus from our society. And this challenge is particularly pervasive in the Bombali district. In spite of the upsurge in national legislations as well as international instruments all aimed at addressing post-war human rights challenges, sexual violence continues to be perpetrated against women and girls in the said district. This nefarious act is sometimes bizarrely carried out against children who are yet to change their milk teeth or learn the art of taking their first steps. As such, there is growing concern amongst human rights workers in the district to nip such practice in the bud before the situation becomes alarming. This is so because the effects of such a trend can be quite debilitating on the physical, emotion and mental development of the girl child in particular.
But the task is herculean though. The lack of adequate laws in tandem with modern-day justice delivery challenges to robustly deal with sexual violence is contributing hugely to the present state of affairs in the Bombali district. Most women and girls often remain silent due to shame, fear of reprisals, and the futility of reporting given the fact there is inadequate legal redress for such violations. As such, most of these cases do not see the light of day in court; they are compromised there and then by family members especially where the accused is of some ‘status’ in the community and the victim is poverty-stricken. The few that make it to court mostly get there on accidental basis; that is, they only get to court when an out-of-court ‘settlement’ has reached an impasse. The inconsequential ones that genuinely make their cases in court are sometimes thrown out for want of evidence to continue with prosecuting such matters. This is often the case when witnesses persistently fail to show up in court on adjourned dates.
In other instances, some accused relations in accord with victims’ relations, in their desperation to pervert the course of justice by wanting to get an out-of-court ‘settlement’ and with the tacit connivance of some prosecutors stall trial processes by developing litigation apathy. The case of an alleged rape of a 15 year-old girl (name withheld) in Bombali district is a pointer to underscore the above assertion. It was alleged that the accused, Dura Kamara, after months of prosecution, was acquitted and discharged by the Magistrates’ Court in Bombali district because the family of the victim wanted an out-of-court ‘settlement’ of the said matter; much to the chagrin of human rights activists who had earlier on taken an uncompromising stance for full blown prosecution of the said case up to a logical conclusion.
The trend of effects are worrying for a number of reasons. In some cases, the victim of such violence can either have an unwanted pregnancy or even lose her life. The act of perpetrating sexual violence against girls has the propensity of limiting them from realizing their full potentials in life especially school-going girls. In fact, this leads some of them to have constipated academic growth and in some instances abandon school all together and relocate to mostly remote places for fear of stigmatization. For those who are firm in their resolve to continue their academic sojourn, they will have to battle with them being ostracized by their peers. And for those who become impregnated in the process and go on to have the baby, such children face the prospect of being ostracized from mainstream society.
In addition, they are sometimes labeled as prostitutes, thus limiting their chances of marital bliss in the future. Some family members are alleged to even collect money from the perpetrators to withdraw cases from court without taking into account the impact of such an act on the life of the girl. In some instances, insult is added to injury where the victim is asked to marry the perpetrator without due regard to the traumatic experience she has been through. Most of such marriages are arranged for girls below the age of eighteen years; contrary to the Child Rights Act (2007) which prohibits the marriage of children and sets the age of marriage at eighteen years.
Another effect is that sexual violence has health implications also. There is a causal link between girls who are sexually abused and that of sexually transmitted infections, including the much dreaded HIV/AIDS. An instance to certify this statement, amongst others, is the case of the victim (name withheld: C/S No: 334/09) of Alimamy Sesay; a nine year-old girl who was diagnosed to have contracted a sexually transmitted infection after it was alleged that she had been sexually abused by the accused.
Furthermore, the psychological condition attached to sexual violence is high. Stigmatization closely follows the psychological condition. This is one of the key reasons for under reporting of sexual violence cases. Most families in the Bombali district see going public on issues such as sexual violence on the girl child as a ‘shame’ to the family and the child; a course of action which many think might limit the child’s chances of getting married and therefore should be kept classified. They instead resort to non-judicial means of resolving the tragedy rather than making use of state institutions charged with the statutory responsibility of upholding the rule of law. But the psychological aspect of the violence on the child is hardly taken cognizance of; something that can have a negative impact on the child’s development for life.
Sierra Leone still lags behind in enforcing international standards to protect and promote the rights of the girl child in particular and the case of Bombali district is an embodiment of the macrocosm. Whilst perpetrators walk on the aisle of impunity in many instances, little or no regard is given to the victim’s medical, physical, emotional, mental or psychological well-being.The authorities need to make this inhumane practice a thing of the past as it undermines the rule of law in our budding democracy. Therefore, stakeholders must coalesce their efforts to enforce laws that protect and promote rights of women and girls as such practice extols the virtues of the rule of law. And one sure way to begin is to expedite the enactment of the Sexual Offences Bill into law.
