By: Christian Conteh
The Human Rights Commission of Sierra Leone has announced that it will commence a public inquiry into the conduct of law enforcement officials. This the commission says is in line with their mandate to conduct a public inquiry into allegations of systemic human rights violations pursuant to Section 7 (2)(a) of the HRCSL Act (No. 9) of 2004 and Rule 42 of the HRCSL (Complaints, Investigations and Inquiries) Rules of 2008.
“Having monitored, received and documented many allegations of human rights violations by Law Enforcement Officers (LEOs) especially in the maintenance of public order, the Commission has decided to undertake a public inquiry into the conduct of LEOs. The Commission has also documented instances of attacks by citizens on LEOs; the inquiry will also look into such allegations,” a statement from the commission read.
The scope of the public inquiry the statement notes will be for a period of seven years (2015-2021). Key issues to be determined by the Inquiry include:
Whether Law Enforcement Officers used disproportionate force in the execution of their duties contrary to the UN Guiding Principles on the use of Force and Firearms.
Whether there were loss of lives and grievous bodily harm resulting from excessive use of force by LEOs contrary to Section 16 of the Constitution of Sierra Leone, 1991 and Article 4 of the African Charter on Human and Peoples Rights (ACHPR) as well as Article 6 of the International Covenant on Civil and Political Rights (ICCPR).
Whether the right to property was violated by LEOs in executing their mandate contrary to Section 21 of the Constitution of Sierra Leone, 1991 and Article 14 of the ACHPR. Whether LEOs lost their lives or sustained grievous bodily harm in the hands of members of the public or individuals while carrying out their lawful duties contrary to Section 16 and 13(j) of the Constitution of Sierra Leone, 1991.
Whether individual LEOs and/or their institutions were held accountable for their actions in line with their institutional Codes of Conduct. Whether appropriate actions were taken against individuals for abuses against LEOs.
The public inquiry will also seek to know whether LEOs needed further and requisite training in enforcing the law and if at all they were provided with requisite logistical and operational resources.
Finally, the inquiry will find out whether citizens were adequately aware of their rights and responsibilities especially the duty to respect and cooperate with LEOs in the execution of their lawful mandate.
The Commission through its statement informed the public that for the purposes of the Inquiry it has set up a secretariat to manage the affairs of the Public Inquiry. This it says is in accordance with Rule 43 (5) of the Human Rights Commission of Sierra Leone (Complaints, Investigations and Inquiries) Rules, 2008.
Meanwhile, it calls on anyone who may require further clarifications, wish to make a statement, submit written memoranda or provide any information to the panel to contact the commissions’ offices to contact HRCSL Complaints House, No. 3 Lamina Sankoh Street, Freetown and its other office or outlets across the country.
The Inquiry which is divided into three (3) phases will run from January to August
Pre-Inquiry Stage (January–March), Inquiry Stage (April -May), Post-Inquiry Stage (June–August)
The commission reminds members of the public that any falsification of documents and /or misleading information provided for the purposes of the inquiry will lead to punitive measures as provided by the HRCSL Complaint Rules of 2008 and the Perjury Act of 1911.
