Increase Text Size Decrease Text Size Default Text Size
 
OOPS. Your Flash player is missing or outdated.Click here to update your player so you can see this content.
Featured Links:
Banner
ExpoNet
EXpoNet Services!
Banner
Subscribe Now
Subscribe Now.
THE RIGHT TO ACCESS TO JUSTICE IS ONE OF THE FUNDAMENTAL HUMAN RIGHTS PDF Print E-mail
Written by BANKOLE CLIFFORD EKUNDAYO MORGAN, HUMAN RIGHTS ADVOCATE.   
Friday, 10 March 2017 10:55

(The thoughts expressed in this article are purely and entirely the thoughts of the author)

The right to access to justice is one of the fundamental human rights which must be enjoyed by all without any discrimination. It is an established fact that access to justice is a germane component of the rule of law. Access to justice as a fundamental human right can be rendered meaningless if it is not promoted, protected, respected, supported and enforced by government.

I totally and entirely subscribed to the point advanced by the Danish Institute for Human Rights that access to justice can be conceived as both a means and an end to justice. It is a means as it concerns the efficient method of enabling users of justice system to benefit from the end product of justice. Likewise, it can be conceived as an end, in the protection of an individual’s right to justice through ease of access when the need arises.

The lack of access to justice and or the unfair dispensation of justice in any state will ultimately undermine the tenets of good governance, democracy, rule of law and human rights.

WHEN A STATE REFUSES TO PERFORM ITS OBLIGATION…

In line with international human rights principle, member states to human rights treaties have the obligation to‘respect, protect, and fulfil’ provisions of that human rights treaties/instruments they have signed. When a state refuses to perform its obligation to ‘respect, protect and fulfil’ human rights, it may condescend in violating the rights of its citizen. Essentially, by law and practice the application of these minimum core obligations is incumbent upon every state party.

 

 

PRE-TRIAL AND TRIAL STAGES IN THE CRIMINAL JUSTICE SYSTEM

Normally,in the criminal justice system pre-trial stage is where investigation is conducted in other to gather credible evidence that will link the suspect (if it is a police investigation) and accused (if it is a preliminary investigation at the Magistrate court), with the alleged crime committed. In other words, the investigation is a way of establishing a fact that a crime has been committed, and the direction of the investigation should be “identifying party/parties to the crime/offence committed”. trial stage is where available evidence is presented to the courts. If the evidence is not sufficient enough to convict the accused, he/she will be acquitted and discharged. But if the evidence before the court is quite sufficient enough to link the accused with the alleged crime committed, the accused will be convicted. Essentially, during court proceedings, if an accused is guilty of committing an offence, he would be convicted and/or fine, but if he is not, by law he would be acquitted and discharged.

POST-CONVICTION STAGE IN THE CRIMINAL JUSTICE SYSTEM

Post-conviction stage in the criminal justice system is very essential, and it involves sentencing. In sentencing generally, the defendant is brought before the court for the imposition of a penalty. When an accused and or defendant are convicted in a criminal prosecution, the event that follows the verdict is called sentencing. Sentence can be seen as the penalty ordered against the convicted criminal by the court. Normally, the primary goals of sentencing convicted criminals are punishment, deterrence, incapacitation, and rehabilitation.

CRIMINAL PROCEEDINGS

Generally, the object of criminal law is punishment, and all of the serious crimes or offences committed by offenders or criminals have the penalty of serving prison sentences. Also, most of the offences or crimes committed by offenders or criminals with the exception of the most serious have the option of fines.In criminal proceedings, sentences are an essential aspect of the criminal law. It is implied, if the offender cannot meet the financial demand of the outcome of the criminal proceedings, that is to pay fine, the result is incarceration. One major challenge I have observed with regards the laws of Sierra Leone is that most criminal laws are seriously out-dated. Most of these out-dated laws are based on British colonial laws that have long been repealed in Britain. For instance, Sierra Leone still applies laws like: the Offence against the Persons Act, 1861, the Public Order Act, 1965 and host of others. The need for these laws to be repealed and replace with laws that can match-up with global trend and human rights based approach cannot be over emphasised.

“ARREST, DETENTION, CHARGE, PROMPTLY, WITHOUT UNDUE DELAY…”

Another challenge I had personally noticedin the criminal justice system is the use of terminologies which have not been clearly defined by my estimation and whose applications have been very much problematic. Words such as ‘ arrest’ ‘detention’, ‘charge’, ‘promptly’, ‘without undue delay’, or ‘adequate time and facilities’, these words are inevitably broadly framed, and this means that there is scope for legitimate disagreement as to precisely what they mean. Due to the fact that there is no statutory definition of those words, any of them can be interpreted differently by the court based on the context of the case. However, there are widely recognized international human rights documents, which proffer standard as to how persons held in custody should be treated. The ineffective application of these human rights documents to which Sierra Leone is a signatory to, has brought to day light the problems faced by suspect at the pre-trial stage of criminal proceedings in Sierra Leone.

 

Editorial

2016 Global Peace Conference to be held in Freetown---as IPRA 50th Birthday confab ends in Istanbul

 

The 26th biennal conference of the Internatonal Peace Research Association (IPRA) is billed to take place in  Freetown, Sierra Leone in November 2016, marking the second time Africa has hosted the conference since the founding of IPRA in 1964. This was announced following the re-election of  the two IPRA Secretaries-general, Dr Ibrahim Seaga Shaw (pictured) and Dr Nesrin Kenar, who co-ordinated the 25th  IPRA conference in Turkey,  at the organisation’s administrative meeting on August 14 during the 25th  IPRA  conference in Istanbul  to serve a second term of two years.

Read more...

Business News

Sierra Leone Embassy & Beijing Chamber Of Commerce for Cultural Industries Launch China-Sierra Leone Hand-In-Hand International Foundation

The Sierra Leone Embassy in China in collaboration with the Beijing Chamber of Commerce for Cultural Industries on Saturday 17th June, 2017 launched the China-Sierra Leone Hand-in-Hand International Foundation with a view of cultivating good citizenship by enhancing social, environmental, cultural and economic wellbeing of communities in Sierra Leone.

It also will among others, serve as a bridge of friendship between the two nations in a bid to promote international culture and art exchanges and contribute to economic development.

Speaking at the event, Madam Kumba Alice Momoh, the embassy’s Chargé d'Affaires   referred to the launch of the China-Sierra Leone Hand-In-Hand International Foundation as “the birth of a new era during a period that Sierra Leone is celebrating 46 years of bilateral relationship with China”

Read more...

Media News

Freedom of Expression Violations Rise Sharply in West Africa

The incidents of freedom of expression rights violations in West Africa more than tripled in the first quarter (January-March) of 2017.

Over the three-month period, a total of 47 violations were recorded as against 14 violations for the last quarter (October-December) of 2016. The violations recorded in the quarter under review range from arrests and detentions to physical attacks, online violations, shutdown of media houses, censorship, seizure and destruction of property and killings. The 47 violations occurred in 10 out of the 16 countries in West Africa.

These findings are contained in the latest edition of the West Africa Freedom of Expression Monitor, a quarterly report by the MFWA which analyses and highlights freedom of expression developments in the sub-region.

Read more...

Commentary

REVIEWING THE JUNE 2017 ECOWAS SUMMIT

A PASSIONATE LETTER TO HIS EXCELLENCY THE PRESIDENT:  44TH EDITION

REVIEWING THE JUNE 2017 ECOWAS SUMMIT
 Your Excellency Sir,
 It’s been six months since I subscribed to my usual publications of this piece. And this is primarily because I have been out of the country for the entire period, and as such would not normally objectively tender a subscription. I do apologize to my readers for this. So having being in Monrovia, Liberia for the recently concluded ECOWAS Summit, I would like to do some analysis on such a historic august body and gathering of this sub-Saharan/West African region.
 
In resume, among other crucial achievements, ECOWAS, through its military apparatus, ECOMOG, played very sacrificial and invaluable roles in bringing peace, security and democratic governance to both Sierra Leone and Liberia during their past civil wars, and most recently ensuring that the Gambian people’s democratic change of government from the notorious dictatorial twenty seven years regime of Yaya Jarmeh, to the current government of President Adama Barrow, through their tactical robust intervention, overseen by President Helen JohnsonSirleaf of Liberia and other ECOWAS Presidents/actors, was enforced. Furthermore, ECOWAS has also spearheaded the enactment of several socio-political, advocacy and economic treaties in the sub region.
Read more...

View Point

WHY SIERRA LEONEANS HATE PEACE AND DEVELOPMENT

Honestly speaking Sierra Leoneans are well known for their hospitality all over the world, especially in Africa. But ironically many of them hate each other. But they love foreigners. They have high respect for strangers. But unfortunately they do not have respect among themselves. You can attest this to what is happening in the social media. Where they are showing their pull him down (PhD) syndrome. By castigating their compatriots unnecessarily. Some of them just because of jealousy and envious evil spirit they possess. They prefer to promote foreigners than their own brothers and sisters both in and out of the country.

Day in day out they are insulting each other.They are using all sorts of vulgar languages against each other. And even their own highly respected president in the world, President Ernest Bai Koroma they are insulting him openly. Therefore, it is an open secret that many Sierra Leoneans are not well cultured.

Read more...

News - Press Release

WHO Director-General elect welcomes new funding for polio eradication

 World Health Organization Director-General elect, Dr Tedros Adhanom Ghebreyesus has welcomed contributions and pledges of US$1.2 billion for the Global Polio Eradication Initiative. The pledges were made at the Rotary Convention in Atlanta, USA which is being attended by 32 000 Rotarians from around the world. 

“It is humbling to see again the power of this incredible global partnership to generate funding to fight one of the world’s most horrible and debilitating diseases,” said Dr Tedros.

 

 

A proportion of the money pledged will help WHO fund disease surveillance in more than 70 countries and enable it to provide expertise to help countries vaccinate 450 million children per year against polio. The Organization will also provide guidance on vaccination policy and participate in research into vaccine delivery methods, operational tactics and other approaches that can help accelerate eradication.

Read more...

Society -Local News

WAI-SL rescues hermaphrodite …more support needed

Women Against inhumanities Sierra Leone (WAI-SL), has over the past months embarked on fundraising for the surgery of Ibrahim Sorie Karama a hermaphrodite. The founder and CEO of Women Against inhumanities Sierra Leone (WAI-SL), Miss Michaella Sallu with her team are pleased to inform the general public both home and abroad that surgery has been successfully done on Ibrahim Sorie Kamara the 16 year old boy that was popularly seen on social media having breast enlargement.

The Bilateral Subcutaneous Mastectomy surgery was done on the 6th of June 2017 at the Holy Spirit hospital Makeni free of charge by a team of 5 surgeons from Ghana headed by Dr. Albert Painsil and assisted by our Sierra Leonean brother Dr. Abdul Jalloh with fund from Resurge Africa UK.

Read more...

Development

Sierra Leone Collateral Registry to improve access to finance for MSMEs

Minister of Finance and Economic Development and Governor of the Central Bank Monday (June 12) jointly launched the Sierra Leone Collateral Registry, an electronic public database holding information on security interests in movable property.

 

The Registry is an initiative of the Bank of Sierra Leone with technical and financial support provided by the World Bank Group to improve access to finance, particularly for Micro, Small and Medium Enterprises (MSMEs). Established under Part II of the Borrowers and Lenders Act, the Registry is a web based system that allows lenders to search for any pre-existing security interests over movable assets provided as collateral. It facilitates the use of movable assets as collateral that may remain in possession or control of the borrowers and thereby improves access to secured finance.

 

 

 

Movable assets are the main type of collateral that MSMEs, especially those in developing countries, can encumber to obtain financing. Given opportunities in agribusiness among others, the Collateral Registry regime allows farmers and entrepreneurs to unlock significant sources of capital with assets that would otherwise not be looked at by lenders as potential collateral.

Read more...

Politics

APC Secretary General Ambassador Yansaneh announces the resolutions at the June 1st NAC Meeting
EBK endorsed to continue as Chairman and Leader,continue to unite and transition the party.
 
Selection or Endorsement of Presidential Candidate who will appoint a Running Mate to be endorsed by NAC.
 
National Executive Officers must have served at regional,district or constituency level to be qualified for selection or election.
 
Must n paid up and active in the last 10 years and paid up for 7 years . 
 
Will sign an undertaken to support whoever is selected or endorsed . 
Read more...
Copyright © 2017 expotimesonline. All rights reserved.