The government of Sierra Leone has made tremendous efforts in the last decade to correct the many lingering cracks in the criminal justice system. There has hardly been a shortage of ideas; in fact, too many recommendations have been made in the past by both local and international human and civil rights organisations, including
the Centre for Accountability and Rule of Law (CARL-SL), for a review of Sierra Leone’s criminal justice system. Despite these recommendations, serious challenges persist. The justice system is still afflicted with multiple challenges. The judiciary may be generally independent, but perceived government influence and occasional corruption remain the sore thumbs in the justice system, and are perhaps two of the most grueling challenges it faces.
There are still the perennial problems of inadequate funding, perceived political interference, too many adjournments and bottlenecks in trial proceedings, leading to a huge backlog of cases, and accused detained for an unconscionable amount of time. The ramifications of these setbacks are most considerably felt by the Prisons department.
Prisons and police cells are in dire conditions, namely, food, safe drinking water, hygienic and medical facilities are irregular either in terms of supply or quality. Prison guards are poorly paid, and there have been allegations that some take bribes from family members to be allowed to see their incarcerated relatives. The 1960 Prisons Ordinance Act still allows corporal punishment, with up to 36 lashes permitted by law. The prisons are alarmingly overcrowded; a case in point is that the Pademba Road Maximum Security Prison for example, built in 1914, to house just over 300 inmates, now actually has over 1,500 prisoners.
Sierra Leone still needs to address issues relating to arbitrary arrests and prolonged detention. There are reports of inmates at the Pademba Road prisons who have spent an inordinate amount of time (some have been there for at least three years), or have spent years without appearing before a judge partly because their files have “fallen through the cracks”. the cracks. Once their files fall through the cracks, they are never brought before a court, which means they will be there endlessly. Worse still, all of such victims cannot afford a lawyer to represent them. Ultimately, such defendants have no opportunity for a trial, and they continue to suffer in prison cells sometimes for inconsequential offences or disputes, which could have been otherwise resolved by the police or other traditional dispute settlement mechanisms. Remand prisoners and pretrial detainees are also reportedly held alongside convicted criminals.
The administration of juvenile justice and living conditions in juvenile detention facilities are just as problematic. Here, inadequate staffing, dilapidated structures, the lack of adequate medical care and serious educational or skills training facilities are some of the most prominent challenges. This state of affairs in the prisons and juvenile detention facilities departs from both national legislation and international standards, such as stipulated in the United Nations Standard Minimum Rules for the Treatment of Prisoners, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), and the United Nations Rules for the Protection of Juvenile Deprived of their Liberty.
The prisons may have their fair share of the snags affecting the justice sector, such as inadequate funding and scant logistical support, but clearly, addressing some of the human rights related issues confronting the prisons, including the prolonged detention of persons, have nothing to do with funding. Again, these shortcomings could have serious implications for Sierra Leone’s human rights credentials.
These gaps in our punitive mechanisms explain why we still face challenges in guaranteeing protection of basic human rights and freedoms. The government must start addressing human rights concerns in the prisons, as well as curbing the problem of recidivism (re-offending) to prevent our prisons from becoming a domain for cyclical criminals. Generally, this would create a chance for our justice system to incorporate international best practices in our prison services.
In view of the above, the Correctional Services Bill aims to improve on the present facilities of all detention centers and change them to correctional service centers so that detainees are able to acquire skills useful for their reintegration into society. If this is to be had, there will definitely be the need to relocate the maximum security prisons, and improve on other correctional service centers across the country.
It is important the government is able pull together all efforts to address the serious human rights challenges facing the prisons, particularly the need to dispose of cases of prolonged detainees – those detainees whose files have fallen through the cracks. This is consistent with ongoing efforts by the state and its development partners, including the DFID-funded Access to Security and Justice Programme.
Prisons should serve their fundamental role of reforming and preparing offenders for re-integration into society, while keeping them in secure and civilized environments. Similarly, the Criminal Procedure Amendment Bill makes provision for alternative sentencing and community service. If this bill is passed into law and is effectively implemented, it should be able to reduce the number of inmates in prisons.This could as well be a stride towards reducing the number of prisoners who die in detention.
Arguably, the underfunding of the prisons and the short supply of logistics, coupled with overcrowding, are in many ways responsible for the poor services rendered by prison officers at the detriment of detainees. There is therefore an overarching need for government to consider increasing funding to the prisons department, which is often the least funded unlike the Judiciary and Police, which receive the lion’s share of funds allocated to the justice sector.
In conclusion, a combination of effective implementation and an increased funding by government to the prisons would be a good shoulder for the prisons department to climb. For our justice system to match international standards, vigorous and genuine efforts should be made to improve efficiency and effectiveness of the system so that justice and the enjoyment of basic freedoms does not become the luxury of only the privileged in society.