Amnesty International Report 2014/15 - Sierra Leone
Publisher | Amnesty International |
Publication Date | 25 February 2015 |
Cite as | Amnesty International, Amnesty International Report 2014/15 - Sierra Leone, 25 February 2015, available at: https://www.refworld.org/docid/54f07da015.html [accessed 6 June 2023] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Republic of Sierra Leone
Head of state and government: Ernest Bai Koroma
An outbreak of the Ebola virus disease killed at least 2,758 people. A state of emergency was declared. Thousands suspected of committing crimes during the 11-year armed conflict in Sierra Leone have still not been investigated. At least two complaints of unlawful killings by the police occurred. The increased use of criminal defamation against journalists threatened freedom of expression.
Background
In 2013, President Koroma launched a review of Sierra Leone's Constitution. Civil society groups began civic education programmes and engagement regarding the review. However, these were delayed by the Ebola outbreak. International assistance was inadequate, although there was some improvement later in the year.
Ebola outbreak
Sierra Leone was severely affected by the Ebola epidemic that spread across West Africa. By 31 December 2014 there were 9,446 confirmed cases and at least 2,758 people had died. The epidemic weakened fragile health care systems and more than 199 health workers were infected by 31 October. NGOs expressed concerns regarding food security, the disproportionate impact on women and the treatment of people in quarantine. In July 2014, the President declared a state of emergency and passed the Public Emergency Regulations 2014. By-laws for the Prevention of Ebola and Other Diseases were also passed by the Ministry of Local Government, including a ban on public gatherings.
International justice
In 2013, the Special Court for Sierra Leone upheld the 50-year prison sentence of former Liberian President Charles Taylor for his role in Sierra Leone's armed conflict, completing the court's mandate to try those bearing the greatest responsibility for crimes committed during the conflict. However, thousands suspected of committing crimes during the conflict have not been investigated and brought to justice. The issue of accountability for human rights violations was highlighted when the UN Panel of Experts on Liberia uncovered the presence of alleged arms dealer Ibrahim Bah, a Senegalese national, in Sierra Leone in 2013. A private prosecution was brought against him by victims of the conflict supported by a civil society organization, the Centre for Accountability and Rule of Law. Sierra Leone deported Ibrahim Bah to Senegal days before he was due to appear in court.
Death penalty
Sierra Leone retained the death penalty for treason and aggravated robbery, and it remained mandatory for murder. In May, the Attorney General and Minister of Justice told the UN Committee against Torture that Sierra Leone will shortly abolish the death penalty and later clarified that it would be done through a revision of the Criminal Procedure Act. No further action had been taken by the end of the year.
Arbitrary detentions
People were regularly detained beyond constitutional time limits by the police. In August 2013, 18 members of the Republic of Sierra Leone Armed Forces were detained for allegedly plotting to mutiny at the Tekoh barracks in Makeni. They were held in incommunicado detention for eight months, in violation of constitutional detention time limits. Fourteen of them were indicted and brought to trial, which was ongoing at the end of the year.
Police and security forces
The government took steps to strengthen accountability for the Sierra Leone Police (SLP). The police instituted a new performance management system in 2013 and parliament approved regulations to establish an Independent Police Complaints Board. However, the government failed to investigate and hold accountable police officers accused of using arbitrary or excessive force. The government has not prosecuted any police officers, despite the recommendation of independent inquiries conducted into incidents of alleged unlawful killings. There were at least two allegations of unlawful killings by the police in 2014, connected to police shootings in Kono in response to a riot relating to a suspected Ebola case.
Justice system
The justice system still suffers from a lack of resources with constant adjournments, indictment delays and a shortage of magistrates, contributing to lengthy pre-trial detention and prison overcrowding. Positive steps were taken to implement the Legal Aid Act, passed in 2013, but the Legal Aid Board is not yet operational. Steps were also taken to redraft the Criminal Procedure Act 1965. The Corrections Act was passed in 2014, reforming the 1960 Prison Rules, with a greater focus on prisoner rehabilitation.
In March 2014, the UN Human Rights Committee reviewed Sierra Leone's implementation of the ICCPR. It expressed concerns regarding several issues such as trial delays, prison conditions and police accountability.
Women's and girls' rights
Sexual and gender-based violence remained a disturbingly frequent occurrence. The Sexual Offences Act 2012 introduced improved definitions of, and stiffer penalties for, sexual violence. However, more work is needed to implement the provisions.
In September 2013 the Deputy Minister of Education, Science and Technology was fired following allegations of sexual assault and rape. During the trial, the media revealed the alleged victim's name, in contravention of both the 2012 Act and the Media Code of Practice. The presiding magistrate accepted an application for protective measures to be applied and subsequent witnesses were allowed to testify behind a screen. The Independent Media Commission publicly condemned specific media houses and is investigating complaints brought against them. The criminal case is still being heard.
The Gender Equality Bill, which provides for a minimum 30% representation of women in Parliament, local councils and ministries, departments and agencies, was not enacted. Sierra Leone has yet to ratify the Maputo Protocol (the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa). It is the only country in West Africa yet to do so. The Minister of Social Welfare, Gender and Children's Affairs made assurances in 2014 that steps would be taken towards ratification.
Freedom of expression
The increased use of criminal defamation against journalists threatened freedom of expression. In July 2013 Jonathan Leigh, managing editor of the Independent Observer newspaper, was charged with four counts of defamatory libel after publishing an article accusing a businessman of corrupt and fraudulent behaviour. The case was eventually resolved out of court.
In October 2013 Leigh and Bai Bai Sesay from the Independent Observer were charged with criminal defamation for publishing an article criticizing the President. The journalists pleaded guilty to conspiracy to publish a seditious article. They were cautioned and discharged in March 2014.
The Human Rights Commission of Sierra Leone, the Sierra Leone Association of Journalists and various civil society groups recommended the repeal of the country's criminal libel law.
In January 2014 David Tam Baryoh was arrested for seditious libel and released on bail. In May his radio programme Monologue was banned for two months following a government directive. He was arrested again in November for comments made on his programme regarding the government's response to the Ebola outbreak. He was detained for 11 days and released on bail.
In October 2013 the Right to Access Information Act was passed. It established a right to access government information and requires all parts of government to adopt and widely disseminate a plan for making records publicly available. The legislation also imposed a penalty for wilful obstruction of its provisions.
Rights of lesbian, gay, bisexual, transgender and intersex people
The UN Human Rights Committee expressed concern about reported violence against members of the LGBTI community and called on Sierra Leone to review its legislation to ensure that discrimination against the LGBTI community is prohibited.
Three LGBTI activists were assaulted, sent threatening messages and one of their homes was repeatedly broken into in 2013. Despite reporting these incidents to the police, no credible investigations were initiated. The harassment forced the activists to flee Sierra Leone and they were granted asylum in Europe.