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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.

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Business News

ACC CAPACITATES SIERRA LEONE COMMERCIAL BANK STAFF ON ANTI-BRIBERY AND ANTI-CORRUPTION ISSUES

The Anti-Corruption Commission (ACC) on the request of the Management of the Sierra Leone Commercial Bank (SLCB) on Thursday 20th July, 2017 commenced anti- bribery and anti-corruption training with staff of the Bank.

The training which was held in the Bank's Conference Room 9th Floor, Christian Smith Building 29/31 Siaka Stevens Street, Freetown attracted over twenty members of the Executive Management.

Addressing colleagues, the Managing Director, SLCB, Idrissa Aloma Kamara disclosed that the Bank has integrated into the Bank's operations anti-corruption measures, such as the development of anti-corruption policy, anti-graft messages inscribed on Bank Statements and sensitization of staff on the dangers of corruption. With all these, the MD stated, it is the view of the Bank that the ACC which is the statutory body responsible for the campaign against corruption be brought in, to provide awareness training on anti-bribery issues for an efficient and effective banking system.

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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.

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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.
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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.

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News - Press Release

ACC HEIGHTENS PNB CAMPAIGN IN COLLEGES

"Bribery and petty corruption undermines the Rule of Law, Effective service delivery and sustainable development," says the Regional Manager, ACC South, Samuel Marah on 28th June 2017 at the Njala University Kowama campus Bo, whilst addressing students and lecturers of the Department of Nursing on the need to curb petty corruption and bribery in the educational system in Sierra Leone.

Speaking on the effects of bribery and petty corruption, Samuel Marah noted that, the practice of bribery has overtly affected our justice system, enforcement of the rule of law and quality service delivery to the people of Sierra Leone which he said to tackle needs collective and collaborative effort.        

Mr. Marah said, the Pay No Bribe (PNB) campaign, which is the Commission's flagship project, is a data capturing tool, that shows trends of bribery in  five piloted   MDAs ( Health, Education, SLP , SALWACO and EDSA ) for informed decision making on the trends of bribery and to increase service delivery in the public sector institutions. He stressed  that, PNB reporting platform  is established by the ACC and its partners to empower citizens to anonymously report incidents of bribery and petty corruption by calling 515 free on all networks, visit the PNB website; www.pnb.gov.sl, or on the mobile application in Krio, Temne and Mende to make their complaints. Mr Marah implored his audience to join the campaign which he said is a national call to service.

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Society -Local News

HRCSL presents detention monitoring outcomes to stakeholders
The Human Rights Commission of Sierra Leone(HRCSL) on Wednesday July 26th, 2017 at their headquarters at NEC Building  engaged relevant Ministries, Departments and Agencies on the outcome of their monitoring of detention facilities and other social services.
 
The monitoring was carried out between January and April at the prisons, police cells, remand homes and probation facilities across the country.
 
The HRCSL Act No.9 of 2004 in section 7 (2)(f) requires the Commission to monitor and document human rights violations in Sierra Leone and section 9(1) gives the Commission powers to authorize persons whom they think are capable to act on their behalf, in order to access all government offices, facilities and places of detention including prisons, police cells, remand homes and probation facilities.
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Development

China-Aid Agricultural Technical Cooperation Project hand over Agriculture Materials to the Ministry of Agriculture

On  21st July ,2017 at a handing over ceremony held at Ogoo Farm in Freetown, China-Aid Agricultural Technical Cooperation Project Team handed agricultural materials to the Ministry of Agriculture, Forestry and Food Security (MAFFS). 

The items include seed rice, maize, agro chemicals, fertilizer, pesticides and power tillers for farmers within the western area district. Dignitaries present included The Minister of Agriculture, Forestry, and Food security Prof. Monty Jones and his entourage ,  Mr Shen Xiaokai, the Economic and Commercial Counsellor of the Chinese Embassy in Sierra Leone, the District agricultural officer, the Chinese technical team, National federation of farmers Sierra Leone representative and lot of farmers in the western Area.

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Politics

News from China, June 28th: Youth Affairs Minister addresses 2017 Ministerial Workshop on International Cooperation in Capacity Development in Beijing, China
Sierra Leone’s Minister of Youth Affairs has said, the 2017 Ministerial Workshop on International Cooperation in Capacity Development hosted by the Chinese government should help enhance the ties of friendship and foster the wheels of bilateral cooperation between the two nations and particularly strengthen cooperation in the field of human resource development.
 
Hon. Bai Mamoud Bangura spoke on Wednesday, 28th June, 2017, at the start of the week long Ministerial Workshop on International Cooperation, which has brought together participants from various countries, including eight (8) from Sierra Leone.
 
According to minister Bangura, in line with the spirit of friendship and cooperation, the event could serve as an opportunity to jointly define new strategic directions in Sierra Leone’s ties with China and in opening up another episode of friendship and cooperation between the two.
Read more...
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