By Dr Ishmail Pamsm-Conteh
The statement issued by the Sierra Leone Bar Association (SLBA) https://www.politicosl.com/articles/sierra-leone-bar-association-prison-riots is amongst many that have been released by other organisations and the Government of Sierra Leone on the incidents at the Pademba Road prisons on 29 April 2020.
The first thoughts about the incidents should have been to recognise, unequivocally, the lives that were lost. Though SLBA's statement mentions "…we condemn the magnitude of damage to life and property", this does not go far enough to capture the severity of the situation, or to acknowledge the pain and sorrow of the bereaved families and friends of those that lost their lives or to the injured victims.
According to the government's statement; twelve people lost their lives, and 42 were injured. I think the omission on the part of SLBA was insensitive and lacks compassion. Condemning is not the same is paying tribute, which is the right thing to do in such circumstances. I would now offer my condolences, and prayers to those families, while I express my regret to those that were injured. I hope they receive the treatment needed for their recovery.
It is right that the SLPP government is launching an independent investigation into the matter. And I am sure all of us Sierra Leoneans should welcome and must support this and respect the outcome of that investigation. Suffice it to say, this would be the first of its kind on such matters by any government and we hope it would be the last. Loss of lives and damage to property in anyway, is unfortunate, and any responsible government should take that seriously as this government has promised it would do.
To return to the SLBA’s statement, I will begin by referring to this sentence which I find a bit interesting: “we doff our hats to members of the joint security forces including but not limited to the military, the police, the Correctional Officers…for the timely response to put the situation under control.” I would love for our military forces to be praised and to be recognised for doing a good job.
However, SLBA’s statement is generally contentious on many grounds, one of which is labelling what happened as a “jailbreak.” The United Nations Resident Coordinator regarded it as “violent incidents.” In the absence of the findings of an enquiry or investigation it is premature to label it either way – as a "jailbreak” or “violent incidents”. However, SLBA’s statement would mean that the outcome has already been pre-judged by labelling it the way they have.
But this does not surprise me in the very least. It is common knowledge that our legal profession, part of which comprises members of SLBA, has deservedly been blamed for some of the problems of our country. Some of their ideas, understanding, interpretation, and practicing of the law, is very suspect. Little wonder, in the just-completed commissions of inquiry, there was only one Sierra Leonean judge amongst the three judges to have sat on the panels. And even so, he was largely educated in the United Kingdom and is currently a Professor of Law at an American university. If my assumptions are correct, then that was a serious indictment on the competence, confidence and trustworthiness of our legal profession.
While I would agree that measures should be put in place to prevent such incidents from recurring, it should be noted, as the statement itself acknowledged, that this was not the first time such had happened. However, the authorities have consistently failed to learn lessons from those past events. Can they now learn from this? I wish I could answer the question.
To suggest that the Pademba Road prison be relocated because it has proven to be a threat to the peace of the country is absurd and farfetched. The statement is suggesting that if the correctional centre is relocated from its present position it will address the alleged “prison break”. What the SLBA should realise is that it is not the physical location of the four walls of the Pademba Road prison that has the problem. There are underlying causes responsible for such incidents, which have to be addressed. If they are not dealt with, relocating the prison would not serve any purpose, because wherever the prison is relocated to, the same problems would reoccur. Stating those reasons as justification for relocation is either delusional or naïve – or both. Which city in the world does not have a prison?
Let’s assume for one moment that the prison is relocated outside Freetown, or even within Freetown but away from the current Pademba Road, does it mean (a) the country would be free of threat to peace, and (b) jailbreaks would then be a thing of the past?
Let us assume yet again, that it is relocated and a violent incident occurs in that new location, does it mean the prison will have to be transferred again? If my deductions are correct, SLBA's suggestion on relocating the prison evidently lacks a common sense approach and suggests it has not been adequately thought through, I have to say.
The statement also reads: “Evidence abounds that whenever there is such an occurrence, judges, lawyers, judicial support staff are prime targets". Considering the 29 April incident, there has been no report of members of the legal profession being victims. So that statement is out of context. Moreover, there is no proof or any shred of evidence supporting that the Pademba Road prison is responsible for what the SLBA has accused it of.
Lawyers must use the correct language to express their thoughts; I have to add. It should be part of their education, training and practice. The use of some legal terms can mean something different in a set of circumstances, as an example the crimes of murder and manslaughter. Some words, though not strictly legal, when they surround legal matters they would eventually shape the outcome. This is said in the context of the specific phrase “evidence abounds”, within the context of their above statement.
The argument that members of the legal profession are being targeted further reflects how self-seeking and selfish some of our educational elites are. They only care about their own skin and those they perceived to be of the same kind. This type of thinking and behaviour exemplifies what is now commonplace in our society. What about the countless innocent people who lose their lives, in these situations? Is it because they have no voice, and therefore their lives do not matter? Or is it because members of some of these organisations see themselves as better humans who are above us all? This stance is very pitiful and bereft of empathy.
May I just please quote President Barrack Obama:
But part of that belief comes from my faith, in the idea that I am my brother’s keeper and I am my sister’s keeper; that as a country, we rise and fall together. I`m not an island.
SLBA’s statement in its entirety is not measured, it is hollow, it is casual, and it is not appropriate. It does not reflect the position a serious or credible organisation should be taking in a situation like this. The statement falls flat on the face of SLBA's motto: Fiat Justitia. While it is not my intention to interpret those words, I would add that justice can only be dispensed if the decision-maker keeps an open mind, without any pre-judgement, while administering justice.
To that end, I would encourage members of SLBA to read the case of Otkritie International Investment Management Ltd v Urumov, [2014] EWCA Civ 1215, paragraph 1, as per Lord Justice Longmore.
NOTE: The author, Ishmail Pamsm-Conteh holds an LLB (Hons), MSc (Criminal Justice Policy) and a PhD (Law). He is currently Dean of Faculty of Business and Entrepreneurship at the Ernest Bai Koroma University in Makeni. He is also Lecturer in law at the University of Makeni (UNIMAK).
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