By Ibrahim Tommy
While Sierra Leone may have outstanding credentials in terms of its contributions to promoting international criminal justice, recent events at home do not bode well for efforts at combating impunity and fostering justice for victims of politically-motivated crimes, in particular. Sierra Leone cannot afford to lose the fight against impunity, but even the most optimistic person about the country’s chances of pulling it off can’t help but keep their optimism in check.
Take a moment to think about this:
The Special Court for Sierra Leone, which has convicted nine persons (including former Liberian President Charles Taylor), for their role in the Sierra Leone civil war, was set up through an agreement between the United Nations and the Government of Sierra Leone. The Court was established as part of efforts to deliver justice to the victims and hold perpetrators accountable for their role in the civil conflict. No disrespect meant to the eight Sierra Leoneans who were convicted by the court, but I have often argued that the trial and conviction of Charles Taylor, in particular, should have sent a strong message to African leaders that there is no hiding place for alleged criminals, no matter how strong, powerful or influential they are. I was probably mistaken.
A High Court Judge on May 21 convicted an opposition Sierra Leone People’s Party (SLPP) politician and a military personnel for wounding a ruling All People’s Congress (APC) party politician. Abdul Aziz Carew and Abdul Quee were both found guilty for wounding with intent APC’s Lanasana Fadika during a Local Council bye-election in Ward 369 at Fourah Bay in January 2012. The entire investigation, trial, and verdict took less than five months. Given the length of time an average trial takes place in Sierra Leone, this was a remarkable achievement.
For the records, I entirely respect the work of the courts, and given the serious challenges that confront them, I think they are doing a great job. Having said that, my organisation observed a number of sticking points in the proceedings which I’ll discuss later on, but for now, let us concentrate on the inconsistencies that have recently marred efforts at promoting justice and accountability for politically-motivated crimes in the country.
After a wave a politically-motivated violence across the country in March 2008, President Koroma set up a Commission of Inquiry to investigate the causes of the violence and proffer recommendations aimed at curbing incidents of politically-motivated violence in the country. Headed by a distinguished lawyer, the Commission of Inquiry recommended, among other things, that the current Minister of Internal Affairs – Musa Tarawally - and two police officers – Idrissa Kamara (Leatherboot) and Mohamed Turay (Yete Yete) - be dismissed from their positions. It also recommended that the Mayor of Freetown City Council, who was also found to have played a key part in the violence, be sacked from his position.
I had hoped that the findings of the Commission would help the President put down a marker, and send a clear message in terms of his commitment to combating politically-motivated crimes. That would have certainly set the right tone for the rest of his tenure. Unfortunately, it was not meant to be.
The President floundered purely on considerations of political expediency and failed to take urgent and decisive actions based on those recommendations. As if the government’s failure to publish the report and a White Paper within six months (as provided in the Constitution) was not wrong enough, the wording in the White Paper regarding the Internal Affairs Minister and the police officers was unclear and non-committal. No surprises that the President has so far refused to sack the minister, while the Police Council is yet to dismiss the two police officers. If anyone needs to be reminded, the Commission finished its work and submitted the report in 2009
Contrast this lukewarm attitude or blatant disrespect for the recommendations of the Shears-Moses Report with the government’s swift and decisive response to the Justice Showers’ Commission of Inquiry into the alleged illegal adoption of 29 kids by MAPS through the efforts of HANCI. The government’s White Paper was clear and straightforward: an immediate ban was imposed on the operations of HANCI, a private auditing firm hired to audit the organization’s account, the police ordered to launch, conclude and prefer charges against anyone deemed to have participated in the illegal deals within SIX weeks. A very clear position, no doubt, for which I have already commended the government. Wait a moment: Has the Sierra Leone Police (SLP) concluded investigations yet? Hmm…
It is also worth recollecting the swift and decisive action of the government following the Kelvin Lewis-led Investigation Committee into the September 9, 2011 incidents of violence in Bo. Barely a week after the report was submitted to President Koroma, he instructed the Attorney General and Minister of Justice to ensure that those recommended by the Committee for possible prosecution be indicted without delay. At least twenty persons were indicted from Bo, and are currently being tried. Even though no one seems to know the status of the trial, given the delays that have marred it, it was clearly demonstrated that the government has the capacity to speedily bring to justice those allegedly responsible for politically-motivated crimes, if it is committed. But such commitment, or semblance of it, has unfortunately not been replicated in other incidents of violence.
In relation to the trial of Aziz Carew and Abdul Quee, I took note of at least one controversial decision relating to the admissibility of electronically-adduced evidence. The Judge rejected the defense’s application to tender in evidence a video material in which the victim (Lansana Fadika) is purported to have said that he was not stabbed by the First Accused (Mr. Carew), even though he is alleged to have subsequently changed his statement to accuse Mr. Carew of stabbing him. Now, the defense had hoped that the video material would help the court in arriving at the truth. The Judge rejected the defense’s material on the ground that it was not the original video material because it had been edited by the SLBC employees.
I have ever since been wondering whether it is technically possible for any editing to change the overall content (in terms of images, at least) of a video material. I guess someone would like to ask: If there is one, does the SLBC have it? But I guess the most important question is: “Would the video material have served the interest of justice or not”? I’ll leave that judgement to you. Just before I round up on this issue, I was just wondering whether the police have completed investigations (I wonder if there’s any going on) in relation to Councillor Mansaray’s broken hand - just another case of contradictions in promoting justice and accountability.
These inconsistencies or instances of selective justice are particularly worrying as the country approaches elections. It is critical to remind the government of its primary responsibility both under national and international law to protect, promote and respect the rights of all citizens, regardless of their creed, ethnicity, and political orientation. Everyone deserves justice; by the same token, no-one should be held or made to believe that he/she is above the law. In fact, there can be no better foundation for meeting the development aspirations of a post-conflict country than ensuring that its laws are fairly enforced and democratic institutions functioning efficiently.
I’d like to ask: “Why did the government and its institutions prevaricate on the Shears-Moses Report, while demonstrating a sense of urgency in relation to the other issues? No matter what the government’s motivations are, it is extremely unhelpful to demonstrate such varying degrees of contradictions on critical national matters. That’s selective justice at its best. It is not good for a country that went through 11 years of carnage, partly caused by lack of access to justice and systemic and institutionalized impunity. It has never helped any regime to so blatantly protect the interests of one man or a group of people at the expense of the country’s reputation or the country’s need to respect its laws and institutions. Perhaps this administration needs to be reminded about how the Kabbah administration, against all reasonable counsel, shielded Hon. Fatmata Hassan and her children from facing justice for their alleged role in the death of Harry Yansanneh. For more than a year, there was a face-off between the government and the media. In the end, the SLPP lost elections, and Hon. Fatmata Hassan is now a proud member of the ruling APC. Does that send any message to the President? I hope.
Ibrahim Tommy is the Executive Director of the Centre for Accountability and Rule of Law (CARL), an organization which seeks to promote human rights through accountability.
