A/HRC/7/66
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G. Justice sector
24. Some progress was noted in the justice sector. A capacity-building project approved in July
for support under the Peacebuilding Fund provides for a number of programmes and activities,
including the recruitment of additional judges and magistrates, the establishment of backlog
courts, the recruitment and training of additional State prosecutors, the construction of additional
courts and the training of local court chairmen in an effort to bring their practice into compliance
with the Constitution and human rights standards. The project also provides for the training of
law graduates to provide legal support to justice sector institutions. Although considerable
progress has been noted in the implementation of these activities, it is early to determine the
impact on the justice sector as a whole.
25. Delays in trials, excessive adjournments and remand of cases and prolonged pretrial
detentions continued throughout the year. No reform measures have been taken in respect of bail
and sentencing guidelines. Many of the courts remained poorly constituted and in violation of the
Constitution of Sierra Leone. The Constitution provides, for instance, that the Supreme Court
should have no fewer than five permanent justices, the Court of Appeals no fewer than seven,
and the High Court no fewer than nine, whereas the Supreme Court has only two permanent
justices, the Court of Appeals only three and the High Court only seven. Instead of constituting
the Courts as required by the Constitution, a practice of hiring judges on contract with higher
compensation packages has evolved, resulting in disparity in the salary structure of judges, and
low morale and productivity within the judiciary. There is, therefore, an urgent need to bring the
administration of courts into compliance with the Constitution, to do away with the practice of
hiring contract judges and to remove the statutory prohibition that currently prevents lawyers and
judges not trained in Sierra Leone from practicing law in the country or being appointed to
judicial positions. This might induce experienced lawyers and judges from the diaspora to return
home and accept judicial appointments.
26. Capacity constraints on the Ministry of Justice also contributed to delays in the
dispensation of justice. There are only seven prosecutors nationwide, four of whom are in
Freetown and three in the provinces. Police prosecutors, authorized to prosecute offences on
behalf of the State, are neither lawyers nor have they had comprehensive training in prosecution.
As a result, a number of human rights standards are not adhered to in the prosecutorial process.
The Government is encouraged to review the conditions of service of State prosecutors with a
view to attracting qualified lawyers.
27. The traditional court system, which provides easy access to justice at the community level,
was noted to be oppressive and discriminatory against women. Judicial review of the decisions
of these courts is rare. There is, therefore, a need for a review of customary laws to bring them
into line with the Constitution and international human rights standards, and for the passage of
the pending local court bill, which is aimed at bringing local courts under the administrative
supervision of the judiciary.
28. Corruption remains one of the main challenges facing the judiciary. At a recent conference
of the Bar Association, participants concluded that corruption was widespread within the
judiciary and that it involved not only judges and magistrates but also bailiffs and support staff.
This situation continues to undermine public trust and confidence in the judiciary. Poor
conditions of service, including low salaries and irregular disbursement, were identified as
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