A/HRC/13/28
magistrates were recruited and three vacant positions of judges were filled in the High
Court, the Appeal Court and the Supreme Court, respectively. Judges and magistrates
received specialized training on case management, juvenile justice, judicial administration,
organized crimes and corruption. An Internet connection and computer facilities were
provided to all magistrates and judges. The law court library was also completed; electronic
filing of all judgements of the Supreme Court is now in progress.
33.
Various policy documents were adopted to ensure efficiency in the judiciary. In
October, the Supreme Court launched a set of bail policy guidelines for magistrates and
judges to ensure uniformity in the bail system. Also in October, an operational manual
outlining the duty and functions of bailiffs was issued, and a manual on juvenile justice was
adopted.
34.
The Justice Sector Technical Working Group comprising representatives of the
Ministry of Justice, the judiciary, prisons and the police met regularly to address issues
pertaining to the justice sector, under the chairmanship of a Supreme Court judge. The
Working Group also facilitated the implementation of the Justice Sector Strategy and
Investment Plan for the period 2008–2011.
35.
Despite the above-mentioned developments, challenges remained in the
administration of justice. Of 13 districts, 5 (Kabala Kambia, Pujehun, Bonthe and
Kailahun) lacked a resident magistrate. As roaming magistrates were also responsible for
circuit courts, the number and frequency of court sittings were significantly affected in
these districts. Delays in justice, prolonged pretrial detention and cases of detention by
police for periods longer than stipulated by law were common. Consequently,
overcrowding in prisons and backlogs continued to pose a serious challenge, in terms of
both physical conditions and the enjoyment of legal guarantees. For example, when human
rights officers visited Kalaihun prison in October, they observed that four suspects who had
been charged for various crimes would not be able to appear in court for three months
owing to the absence of a magistrate.
36.
Prosecutorial capacity was slightly improved following the appointment of five new
prosecutors in 2009. Currently, there are 12 prosecutors, compared to just 7 in 2009. The
Human Rights Section distributed copies of the prosecutorial manual, prepared in
collaboration with the Director of Public Prosecution, to police prosecutors, who are
responsible for prosecuting cases in magistrate courts. State counsels, present in three
provincial headquarters only, are overloaded. Inadequate prosecutorial capacity has also
contributed to the delay in adjudicating matters in courts.
37.
Local courts throughout the country did not operate for almost a year prior to
February 2009, owing to delays in the appointment of local court chairmen. When the
newly appointed chairpersons took up their functions, the issue was one of capacity
constraints. The lack of training of the newly appointed chairpersons posed a serious
challenge; reports were received of excessive fines being imposed, and also of cases being
handled that were beyond their jurisdiction.
38.
There were reports of the encroachment of traditional leaders into judicial matters.
The Human Rights Section received reports in June that, in Foredugu chiefdom, Port Loko,
a human rights activist associated with Amnesty International had been sued for damages,
to the sum of 200,000 leones (approximately $50), by a local court for challenging the
decision of a local chief to impose a fine on a woman. The chief pressured the local court
chairman for strong action against the defendant, who was eventually fined.
39.
There was considerable improvement in facilities in prisons all over the country as a
result of the investments made through the Peacebuilding Fund. Mattresses and iron beds
were provided in all prisons, and the perennial problem of water supply was also addressed
in most of them. The Mafanta prison was refurbished to decongest the crowded Pademba
10
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