A/HRC/10/52
page 18
D. Monitoring of the courts, prisons and police
Courts
61. Regular monitoring revealed that the courts, established under the statutory laws,
functioned normally in all districts, even though some sat infrequently due to the absence of
magistrates. The local courts however, which function under the customary laws, could not
function for nine months throughout the country pending the appointment of new chairmen
which took place only in October 2008. Delays in trials were noted in most of the courts. On
11 June 2008, the High Court judge in Makeni publicly expressed in court his dissatisfaction
with the slow processing of indictments. Lack of adequate prosecutors, overburdening of
magistrates especially in Freetown where an average of 40-50 cases are handled every day, and
legal practitioners taking more cases than they can conveniently handle, all account for the
delays. Poor record-keeping systems in magistrate courts and the High Court also resulted in
court files being misplaced or lost. In the absence of files, the cases are adjourned and trial
prisoners suffer undue delay. A number of projects, funded by the Peacebuilding Fund, are under
way to address these shortcomings.
Prisons
62. Based on monitoring of prisons the Section found that some progress was achieved. The
supply of food items was more regular in most of the prisons compared to 2007. The problem of
water supply was also resolved in most prisons through the construction of wells and connection
with a pipe-borne water supply. Under the support of the Justice Sector Development
Programme, a new prison was constructed in Kenema for female prisoners. In some of the
prisons, such as in Port Loko and Bo, an income generation scheme was reactivated. The
prisoners were engaged in soapmaking, weaving, and production of other small items.
63. On the other hand, medical facilities, including drugs and supplies, remained poor. In most
centres, prisoners suffered from various skin diseases and no proper arrangements are in place
for nursing mothers and their children. Sanitation remained poor in all prisons except for the
newly built female prison in Kenema. There was either no supply or an inadequate supply of
toiletries including soap, toothbrushes and sanitary items for women. Overcrowding remained a
challenge in many of the prisons, with the Pademba Road Prison in Freetown the most
overcrowded in the country. With a construction capacity of 314 prisoners it held about
1,100 prisoners at the end of 2008.
Remand homes
64. Conditions in the Freetown remand home have improved. Food supplies were standard and
regular, and facilities to transport offenders to court have improved. Security concerns in the
remand home have also been addressed, with the deployment of two additional police officers
who also escort offenders to courts. However, the situation of the remand home in Bo has
deteriorated. Food supply was inadequate and living conditions at the home remained poor at
year end. In those provinces where there are no remand homes or approved schools for juvenile
offenders, prison officers are obliged to accept juveniles in the prisons.
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