Executive summary

Executive summary

 

SIERRA LEONE
A country review of crime and criminal justice, 2008

 

African Human Security Initiative

Monograph No 160, May 2009

 

Sierra Leone provides an interesting case study on the assessment of crime1 and the criminal justice system. As a country in transition from one-party authoritarianism and 11 years of a fratricidal war, there are serious implications for crime and the functioning of the criminal justice system. State repression, ineffective security and a justice system that has gone through eras of military and single-party dictatorships raise grave concerns about the capacity of the state to ensure the security of citizens and to guarantee the administration of fair and impartial justice. The collapse of the Sierra Leone crime and justice system was emblematic of the failure of the state in its entirety.

The situation worsened with the outbreak of the civil war in 1991 as incidences of human rights violations escalated. There was a systematic assault on security and justice-sector personnel, as well as the destruction of the already limited and under-resourced judicial infrastructure such as courts, police barracks and prisons. Revolutionary United Front fighters and the Armed Forces Revolutionary Council regime (1997–1998) affected the operation of the criminal justice system in the country. In addition to the flagrant abuse and violation of the rights of many Sierra Leoneans, the decade-long war (1991–2002) adversely affected the operations of criminal justice institutions, including the police, prisons and the judiciary. The fighting forces occupied some areas of the country for a very long time, thereby preventing the smooth working of justice sector institutions, while destroying their infrastructure and killing their personnel.

As a post-conflict peace-building intervention, the Sierra Leone government, in close cooperation with international partners, has over the years introduced programmes aimed at improving the criminal justice system in the country. For instance, the British-led security sector reform programme that started in earnest in 1998 has placed a premium on building the capacity of security sector institutions, including the armed forces, the police, the newly formed Office of National Security and the justice sector through the Justice Sector Development Programme. It has become clear, however, that this programme has placed greater focus on developing the police and the armed forces than prisons, to which little attention has been paid. Furthermore, despite all efforts under the capacity-building programmes, much more needs to be done to make the system function effectively and efficiently. Success in this area is urgent: Sierra Leone recognises that an accessible and effective means of addressing conflicts, disputes and crimes is a key element to ensuring the maintenance of peace in the country.

As a participating country in the African Peer Review Mechanism (APRM) under the New Partnership for African Development (NEPAD) – which Sierra Leone acceded to in 2004 – the country is an appropriate candidate for a review of its criminal justice system. Although the justice system is not included in the APRM review process, it has important implications for democracy and good governance. This review is intended to complement the formal APRM process by focussing on a sector currently outside its focus.

Assessment of the criminal justice system in Sierra Leone focused on policing and prosecution, prisons, the judiciary, access to justice, juvenile justice, customary justice and the various international and regional treaties relating to crime and the criminal justice system signed and ratified and taken on board by Sierra Leone. Primary and secondary sources were employed extensively to carry out the assessment. The primary sources comprised in-depth discussions, interviews and focus-group discussions with selected respondents. The secondary sources comprised information from desk research and literature reviews.

The findings and recommendations in respect of each of the criminal justice areas are as follows:

Policing

 

Although the Sierra Leone Police (SLP) is a core player in the crime and criminal justice sector, the assessment noted the following:

• Budgetary allocations to the SLP are inadequate, which hampers the police in effectively discharging its functions
  
  

• Remuneration and conditions of service are poor, which leads to low morale among police officers
  
  

• Infrastructural requirements and logistical and other needs are inadequately provided for
  
  

• The public perception of the police is negative
  
  

• There is a shortage of State Counsels owing to a lack of incentives and attractive conditions of service
  
  

• There are incessant adjournments and delays in the justice delivery system
  
  

• The police is politicised
  
  

• The prosecution laws are outdated

The following recommendations are therefore made:

• The Criminal Procedures Act of 1965 should be reviewed and modernised
  
  

• A vibrant legal aid scheme should be established to assist indigent suspects with their defence
  
  

• Remuneration and conditions of service of members of the Sierra Leone Police should be improved
  
  

• The autonomy of the police should be strengthened and efforts should be made to avoid the politicisation of the force. This will entail a review of the composition of the Police Council to make it truly independent
  
  

• Budgetary allocations to the police should be increased significantly
  
  

• Cases of corruption in the police should be dealt with urgently and every attempt should be made to reduce corruption in the force
  
  

• Efforts should be made to improve the image of the police in the public eye by enhancing policy and community relations
  
  

• Refresher training courses for police forces should be mounted, covering areas such as police ethics, human rights, law and police-civil relations
  

The prosecution

The key findings of the assessment are as follows:

• The prosecution services are poorly funded and this has led to poor morale
  
  

• There are too few state counsel and the incentives are too poor to attract new entrants
  
  

• Legal training is poor and the general education level of police prosecutors is low
  
  

• Logistical support is inadequate
  
  

• Criminal prosecutions suffer from backlogs, delays and persistent adjournments
  
  

• Witness protection mechanisms are poor
  
  

• The fusion of the offices of the Attorney-General and the Minister of Justice has resulted in political meddling
  
  

• There is corruption amongst prosecuting staff
  
  

• The legislation is outdated

The following recommendations are therefore made:

• Budgetary allocations should be increased
  
  

• The autonomy of prosecution should be enhanced by uncoupling the offices of the Attorney-General and the Minister of Justice
  
  

• olice prosecutors should be given adequate basic legal training
  
  

• There should be a regular review of the remuneration and conditions of service of judicial officers
  
  

• Effective witness protection mechanisms should be put into place
  
  

• The outdated Criminal Procedures Act of 1965 should be reviewed
  
  

• Prosecutors should be given incentives to prosecute cases effectively and speedily
  
  

• Corruption among prosecutors should be investigated and stemmed.
  

Prisons

The key findings are as follows:

• Over-crowding in prisons and poor living conditions continue to be a problem
  
  

• Long and convoluted court proceedings delay prisoners’ access to justice
  
  

• The conditions of service for prison wardens are poor
  
  

• Inadequate resources contribute to delays in prosecuting the accused
  
  

• The accused suffer long adjournments and stiff bail conditions
  
  

• The accused lack access to legal representation
  
  

• There is some compliance with international protocols and conventions on the rights of prisoners
  

The following recommendations are therefore made:

• Training and capacity building programmes with focus on the Prisons Ordinance and Prison Rules should be undertaken
  
  

• Adequate resources should be provided for running the Prisons Service
  
  

• Conditions at prisons and of prisoners should be improved
  
  

• The terms and conditions of service for prison officers should be improved
  
  

• The bail system should be reviewed
  
  

• More remand homes and approved schools should be established and their conditions should be improved
  
  

• Remand homes should in particular be established in Makeni and Kenema so that the practice of housing juveniles together with adults in jails can come to an end
  
  

• The Prisons Ordinance and Prison Rules should be brought into line with minimum international standards, e.g. by abolishing corporal punishment and solitary confinement
  
  

• Female prisoners should be separated from male prisoners as far as sleeping areas, toilets and recreational facilities are concerned
  
  

• The special needs of female prisoners relating to feminine hygiene and maternal health should be taken into account when they are allocated to prisons
  
  

• Trial prisoners should be kept away from convicted prisoners

The judiciary

The key findings are as follows:

• The existence of a dual legal and court system, namely one for the provinces and the other for Freetown, create disunity and injustice
  
  

• The Public Order Act of 1965 and emergency laws were used to transgress on peoples’ rights, which led to the killing and unjust jailing of many citizens
  
  

• There are cases of injustice, inaccessibility to the law and delays in the dispensation of justice
  
  

• The cost of hiring a lawyer is far beyond the means of the vast majority of citizens
  
  

• Cases of corruption are found in the judiciary

The following recommendations are therefore made:

• The dual legal system should be reviewed
  
  

• Outdated legislation should be reviewed
  
  

• The judiciary should be strengthened by recruiting more judges and magistrates
  
  

• Capacity-building programmes should be instituted for members of the judiciary and their support staff
  
  

• The judicial bench should pay periodic visits to prisons to assess conditions there
  
  

• The conditions of service of members of the judiciary and their support staff should be improved
  

Access to justice and juvenile justice

The key findings are as follows:

• The weak court delivery system hampers access to justice
  
  

• The imposition of heavy court fines coupled with the population’s general lack of resources remains a major constraint to accessing justice
  
  

• Key personnel, e.g. law enforcement and probation officers, are not adequately aware of laws governing juvenile delinquents
  
  

• There are no specific courts to deal with juvenile cases
  
  

• The juvenile units of the police and the probation units are understaffed
  
  

• Offenders are detained for more than the stipulated periods provided for by national and international law
  
  

• Some practices under the guise of tradition and customary law violate women’s rights
  
  

• The children’s detention centres are inadequate
  
  

• Children have limited access to basic facilities in the few detention centres that do exist
  
  

• The Ministry of Social Welfare, Gender and Children’s Affairs (MSWGCA) is underfunded.
  

The following recommendations are therefore made:

• Budgetary allocations to the MSWGCA should be increased
  
  

• All personnel dealing with juveniles should be trained in the laws governing juveniles
  
  

• More approved schools and remand homes should be built, especially in the provinces, and they should provide basic social services and handling facilities for juveniles
  
  

• More court officials should be assigned to juvenile cases to ensure speedy trials
  
  

• Separate courts for juveniles should be provided
  
  

• Legal aid services should be provided for the poor and children in conflict with the law
  

Customary justice

The key findings are as follows:

• There is overall satisfaction with the dispensation of customary justice
  
  

• Up to 70 per cent of the people of Sierra Leone do not have access to the formal justice system
  
  

• The local courts, which fill the void, are understaffed as there are too few customary law officers and local court supervisors
  
  

• State subsidies for local courts are lacking
  
  

• Staff incentives are lacking
  
  

• There is political interference in the administration of customary justice
  
  

• There are logistical barriers in accessing local courts
  

The following recommendations are therefore made:

• Legislation governing customary justice should be reviewed, e.g. the jurisdiction of the Local Courts Act should be expanded
  
  

• The capacity of local courts and their personnel should be enhanced
  
  

• The supervision of local courts should be strengthened
  
  

• Local court staff should receive regular pay and incentives
  

Adherence to regional and international Instruments

The key findings are as follows:

• Sierra Leone has signed and ratified a substantial number of regional and international conventions and protocols
  
  

• The country has demonstrated a commendable level of commitment to international obligations
  
  

• In many cases there is an unacceptably long delay between the signing and ratification of an instrument and its implementation
  

The following recommendations are therefore made:

• Sierra Leone should strengthen its compliance with relevant regional and international instruments
  
  

• The country should shorten the period between the signing and ratification of an instrument and its implementation
  
  

• Instruments that have been ratified should become part of the corpusof the country’s laws

Map 1 Map of Sierra Leone