Introduction
The judicial power in Sierra Leone is vested in the judiciary of which the Chief Justice is the Head. The judiciary have jurisdiction in all civil and criminal matters. In previous articles we have discussed a lot about the judiciary. This article however, will be looking at the inadequacies of the Judiciary with more emphasis on cases dealing with child/juvenile, women, fair trials, speedy trials and police prosecution.
Child/Juvenile
A child is defined under the Children and Young Persons Act as a person under the age of 14 years and a juvenile is defined as a person between the ages of 14 and 17.However under the Child Rights Act which was passed in March 2007, the age of the child/juvenile was harmonized. Now, a child/Juvenile is anyone under the age of 18. Because of the vulnerability of anyone who is under the age of 18, it is the responsibility of a state according the Article 14 of the International Covenant on Civil and Political Right, to recognize the rights of every child accused of a criminal offence to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the age of the child, desirability of promoting the child’s reintegration and assumption of a constructive role in society. This means that the best interests of the child should be the primary consideration in all actions including those undertaken by courts of law
However, juvenile cases are not treated with the seriousness they deserve. They are listened to only once every week, Wednesdays. A Magistrate and two Justices of the Peace listen to these cases. However, in the case where one is absent, that is either of the justices of the Peace or the magistrate, a verdict cannot be reached. In essence, instead of these juveniles being reformed they end up being more decayed and troublesome than ever. Furthermore, the fact that these cases are listened to only on Wednesday’s shows that they are not dealt with speedily. All cases dealing with juveniles should be dealt with expeditiously. To ensure that cases are dealt with expeditiously, Section 71(2) of the Child Rights Act makes provision for a number of child panels to mediate in civil and criminal matters of a child /juvenile and a Family Court which will look at matters concerning parentage, custody and access and maintenance of children
Privacy and Confidentiality
Also there should be privacy in dealing with juvenile cases. Section 81(3) and (1) of the Child Rights Act respectively states that these cases should be held behind closed doors and in relaxed settings to prevent intimidation and stigmatization of the child. . This is not currently what is happening. A typical example is seen in a sexual abuse case in court No.3 where the victim was ridiculed by the defence lawyer. Rule 8.1 of the Beijing Rules states that “The juveniles’ right to privacy shall be respected at all stages in order to avoid harm being caused to her or him by undue publicity or by the process of labeling”. Rule 8.2 further states that no information leading to the identification of the juvenile offender should be published.
Children/Juvenile’s Right to Fair Trials
Fair trials are basic human rights accorded to any individual in conflict with the law, which when violated makes innocent people of any crime face conviction, imprisonment and even execution. Some of these rights are the right to privacy, the right to legal aid and so on. However, there are special cases with special rights because of their vulnerability. One of such cases is that of Juvenile/children. Juveniles are accorded rights like, the right to be separated from adults in detention . Children in prison should be separated from adults and must be afforded treatment which is appropriate to their age and legal status. There is the case of a boy who has been imprisoned for years because he stole logs of wood. This boy was arrested on the streets and taken straight to Pademba Prisons without the police taking any statement from him or informing his parents about his arrest. This boy has never been taken to court,. consequently, the boy has started showing signs of insanity. This contradicts article 14(4) of the ICCPR which talks about the promotion of physical well being and mental health of the child and this is a serious flaw in the judicial system.
Most times the police do not contact the parents of the juveniles when they are arrested thereby contradicting the juvenile’s right. These juveniles are kept at the police stations for very long period without contacting their parents or guardians. Under article 9(4) of the Convention of the Rights of the Child and Rule 0.1 of the Beijing Rules, they have the right to inform their parents so long as it is not detrimental to the best interests of the child. Both national and international standards allow children to be arrested, detained or imprisoned only as a last resort and for a short period of time.
Women
One issue that should be taken seriously that does not happen in the judiciary is that of women.. Even though women are vulnerable, they are often subjected to embarrassment disgrace and stigmatization. A case in point was a matter which was before court about a girl that was gang raped after her school’s prize giving. When the case was brought to the magistrate court the appropriate charges were not levied. The case was however taken up by a group called LAWYERS who applied that the case be brought to High Court. At the High Court level the judge, when passing verdict said the most gulling of things, that the girl was a “wayward girl”. This case shows how women continue to be vulnerable despite the enactment of the three gender parity acts in 2007. That girl could be ruined maybe even for life as she came from a very poor family who cannot afford the expensive medical treatment. She was hospitalized for about three months in a hospital where much was not done to help her. This is the reason why most women when raped, don’t take their cases to court because they are afraid of being stigmatized and embarrassed. They are not even sure of having their privacy respected as it should be under the Domestic Violence act
General Fair Trial Provisions
Section 23(5) e of the Sierra Leone Constitution makes provision for the right to the assistance of a competent interpreter, free of charge if the person does not understand or speak the language used in court. They also have the right to have documents translated to them. This is very crucial to the right to adequate facilities to prepare a defense and the right to fair trial. Without such assistance an accused may not be able to understand and participate fully and effectively in the preparation of their defense and at trial. The possibility of an accused or witness being questioned about the contents of the documents makes the right to translation a necessary prerequisite of the right to a fair trial. This is one flaw in the law Court as they do not have interpreters. The clerks in the different courts serve as interpreters. As it frequently happens, just from nowhere, the court will ask individuals to volunteer to interprete for a case without the requisite understanding of basic rules of translation. Given that court clerks and the people from the audience are not trained interpreters, it leads to people losing their cases.
Right to Speedy Trial
There is also the problem of the lack of expeditious trial in the courts.. They make several adjournments either because there is no evidence, or the witness is absent, or the prosecutor or defence counsel is absent contrary to Section 23(1and2) of the Constitution of Sierra Leone, 1991. Furthermore, it contradicts article 14(3) c of the ICCPR, article 7(1) d of the African Charter, which states that criminal proceedings must be started and completed “without undue delay. Quite recently in a case between the state and a juvenile, the charge being unlawful possession of small arms, the police prosecutor wanted the magistrate to adjourn the case but the defense council, Yada Williams insisted that the case should go on as the police had no valid reason why the case should be adjourned . He pointed out that this is why people do not receive speedy trials in the Court of law in Sierra Leone.
Right to Legal Aid
Section 17(2) of the Sierra Leone 1991 Constitution, states that everyone in detention or facing a possible criminal charge has the right to the assistance of a lawyer of their choice to protect their rights and to assist in their defense. Also, the person must be given adequate time and facilities to communicate with their lawyer. Under international standards, if a person cannot afford to hire a lawyer, effective and qualified counsel must be assigned.. The National laws make provision for free legal aid depending on the seriousness of the case otherwise if the defender does not have legal counsel he defends himself in court.. The assistance of a counsel is a primary means of ensuring the protection of the human rights of people accused of criminal offences and in particular their right to a fair trial. Most times people who do not have legal counsel or legal advice end up losing their case.
The Incompetence of Police Prosecutors
In Sierra Leone we have shortage of state lawyers that normally works in the Law Officers Department. Hence the police step in their place to prosecute cases in the National Courts. However, these Police prosecutors because they lack adequate and up to date training on how to prosecute matters, they most times do not do their job well. They often come to court either unprepared and give excuses such as forgoting the files at their office. Most times the victims end up losing their cases as a result of their incompetence. It also leads to delay in trial proceedings. I remember a case in court No. III wherein magistrate Shyllon had to adjourn the case to another date because the police prosecutor did not come with the bench warrant file. What they need is intense and proper training inorder for them to be qualified to prosecute cases…
Conclusion
The above observed inadequacies in the judicial system in Sierra Leone is cause for concern and should be looked at and remedied immediately, otherwise this will continuously lead the Judiciary to derailment.