I sit in the Juvenile Court surrounded by young boys waiting for their trial to commence, one by one. Across from me, sits the Magistrate and the two Justice of the Peace officers. On the sides of the room are the Defense Team and the Sierra Leone Police serving as Prosecutors. The room is polluted with frustration as the Magistrate calls Thaimu Thorlie to the front of the court. He comes forward with his head down and arms crossed behind his back. His feet are bare and his clothes appear to be unwashed for days now. Thaimu assures the court again that he is seventeen years of age, but despite this reassurance, he has been serving time at the Pademba Road Maximum Prison for nearly 2 weeks. What is mind-boggling and paradoxical is that while serving his time at Pademba road prison he still falls under the jurisdiction of the Juvenile Court.
I’m ensconced here observing the trial, the people involved, and the accused young person, realizing that many issues with the Juvenile System that must be addressed are completely left in the dark. I wonder what kind of fair trial these young boys are receiving. You have one Justice of the Peace (JP) in and out of naps, the Defence Team is constantly mocking the behaviour of the Magistrate, and a prosecuting officer reading a novel, not really attempting to be discreet.
I’m anxious to understand how it is that this system whose aim is to place the interest of the child first – to serve as rehabilitation and assist in the reintegration of child offenders back into the community – manages to fall astray from these intentions. The future of these young children is in their hands; and yet, they sit there napping and reading, as if the youth’s destiny has already been pre-determined with no hope for a fair trial and a prosperous future. Yet, like all other children, juvenile offenders are part of the foundation and future of this country.
This case demonstrates that the Age Assessment Guidelines are clearly being ignored within the Juvenile Justice System. In early June, the Sierra Leone Judiciary collaborated with UNICEF and the Justice Sector Development Program (JSDP) for two-day training on “Age Assessment Guidelines”. Police, social workers and magistrates were all welcomed to participate in the workshop, focused on ensuring a fair trial for the children who come in conflict with the law. Like the accused juvenile above, there are several children who have come in conflict with the law and have had their age questioned and doubted by the court.
One of the most serious repercussions is being sent to the Pademba Maximum Prison where adults are serving time for the crimes they have committed. This is partly due to the lack of alternative detention facilities available for those who come in conflict with the law. It is common for juvenile offenders to be placed in detention when they are not able to post bail while waiting for their trial, increasing the number of child detainees in the system.
International instruments exist to guarantee that specific rights are not being violated and denied to the child. One of those instruments is the Convention on the Rights of the Child (CRC), which was ratified by Sierra Leone in 1990; making the Government bound to give certain protections to all children, even those in conflict with the law. Under the CRC, states must ensure that children are placed in a separate detention facility from adults and treated with “humanity and respect for [their] inherent dignity …”[1]. The need for a separate facility is reiterated in chapter 44 of the Laws of Sierra Leone 1960 (CAP 44) in the Children’s and Young Person’s Act, calling for separate facilities for those who are under the age of eighteen years taking the needs of the child into consideration. In 1947 under the Ministry of Social Welfare, the establishment of remand homes and approved schools took place. Their main purpose is to ensure that the children are properly cared for. They also focus on the rehabilitation aspect of the young offender. Like several other non-governmental organizations (NGOs) and civil society groups, CARL advocates for the needs of the children to come first.
Determining the minimum age of criminal responsibility is crucial to the creation of a just juvenile justice system. Assessing the needs of children who are facing the criminal justice system is what the Age Assessment Guidelines are attempting to do. At the moment, the standard is ambiguous because it varies in the several laws and documents that Sierra Leone is ascribed to. The Beijing Rules state that the age “…shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity…”[2] The Convention on the Rights of the Child mentions that the absolute minimum age of responsibility shall be set at nothing lower than twelve years of age[3]. Furthermore, the Sierra Leonean laws do not regulate a concrete age of criminal responsibility; rather only mention that children under the age of ten cannot be held criminally responsible.
Why is it important to determine a minimum age of criminal responsibility and have it set in stone in international laws and the national laws? This may seem like an absurd question to ask, for it makes complete sense to do so. But the fact is that there are children in the juvenile justice system of Sierra Leone that are falling in between the cracks and are being denied of their basic human rights. The Age Assessment Guidelines workshop, provided earlier in June, serves as a beginning step to further improve this system. The purpose of the criminal justice system for juveniles is to promote a restorative justice approach for the children and the community. It is meant to rehabilitate young offenders and assist in a full reintegration into the community. When a child becomes pinned in a system that is doing more harm than good, a loss of confidence and trust takes over him/her. This can become dangerous as more children are stirring away from a system that could potentially assist in the development of future for the child.
All key players in the juvenile justice system must look into these guidelines and become fully educated to fulfill their role as an advocate for the child. There needs to be a set age for criminal responsibility that will be uniform and go in sync with all Sierra Leoneans laws throughout the country. Detention of young offenders in the maximum security prison must cease, and instead, evolve to a system where prolonged pre-trial detention is limited and there are alternatives, such as the Remand Home or providing custodial supervision. The conditions found in these detention facilities must comply with international regulations and provide the basic needs for the personal growth of the youth. As mentioned earlier, the establishment of remand homes has been seen as a step forward, yet there only being one in Freetown and Bo, neglects other young offenders outside of these locations of this opportunity.
It is still very premature to determine the lasting effects of the age determination guidelines on Sierra Leone’s juvenile justice system. Through increased awareness and education on the issues at hand, the future of the Sierra Leonean child can see a new light of day.
[1] Article 37(c) of The Convention on the Rights of the Child [2] United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rule”), adopted by the General Assembly Resolution 40/33 of 29. November 2985, Rule 4.1 [3] Committee on the Rights of the Child, ‘General Comment No. 10: Children’s Rights in Juvenile Justice’, United Nations Doc. CRC/C/GC/10 (9 February 2007), para. 28(c)
Juveniles Detainees (Photo Courtesy sierraexpressmedia.com)
[1] Article 37(c) of The Convention on the Rights of the Child [2] United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rule”), adopted by the General Assembly Resolution 40/33 of 29. November 2985, Rule 4.1 [3] Committee on the Rights of the Child, ‘General Comment No. 10: Children’s Rights in Juvenile Justice’, United Nations Doc. CRC/C/GC/10 (9 February 2007), para. 28(c)
