Paolo Conteh, Defence Minister
Sierra Leone's human rights commission, HRCSL, has expressed serious concern over the continued detention of 18 soldiers for six months.
They were arrested in August last year mainly at the Tekko Barracks in Makeni on allegations that they were plotting to mutiny and overthrown the government.
In a letter written to the Attorney General and Minister of Justice, HRCSL referred to the detention as "unconstitutional" and "a violation of their human rights".
Quoting from Sierra Leonean and international laws and signed by a senior human rights officer of the commission, Cyphus Williams, the letter calls for the immediate release of the soldiers or they be charged forthwith.
"These military officers are being kept at the Pademba Road [prison] far beyond the constitutional detention mandate as provided for in the 1991 constitution", Williams told Politico. "They have never been charged to court or court-martialled...[and] their transfer to Pademba Road was done without a court order" Williams said, adding that the whole manner of the continued detention highlighted "violations of human rights which include arbitrary arrests and detention".
Williams said the commission had not received a reply from the Attorney General which he referred to as "disappointing". He said the soldiers were at present "in a state of torture. They are confused. They don't know what will happen to them" and warned that "these are some of the things that brought about the war"
Some civil society activists have also expressed disquiet over the continued detention. The Executive Director of the Centre for Accountability and Rule of Law, Ibrahim Tommy, expressed shock at the development. "The Government of Sierra Leone has an obligation under both national and international laws to protect the rights of every person accused or suspected to have breached the law, regardless the gravity of the allegations preferred against them" Tommy said, adding: "the Ministry of Justice has clearly reneged on its statutory obligation of ensuring that they are arraigned before a competent court of law. This is a clear breach of their right to justice." The CARL boss called for the release of the soldiers or the be brought to justice without further delay.
Some family member of the detained soldiers told Politico that they had not had access to them for months.
When contacted Defence Minister Major (Rtd) Pallo Conteh said the Law Officers' Department was the lead government institution on the matter.
Attorney General and Minister of Justice, Frank Kargbo attributed the delay to funding difficulty. He would not elaborate.
In an earlier interview, Kargbo had however denied that the men were being held unconstitutionally saying they were soldiers and did not fall under the category of people who must be charged or released on bail within the 3 days or 10 days as the case might be.
The HRCSL letter also raised the issue of 15 other people being detained at the central prison for four years "awaiting trial but without indictments".
(C) Politico 17/02/14
