A/HRC/12/42
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(pecuniary, tribal, criminal and/or geographical) competence.13 Justices of the Peace14 have also
continued to operate illegally as the President has not appointed any since the expiration of their
commissions. Most rural communities continue to approach Justices of the Peace and
non-judicial officers for their justice needs and in some instances, these officers appear to be
unaware that they are acting ultra vires or unlawfully.
12. Where courts exist, they are faced with persistent shortages of essential qualified
personnel, including magistrates, prosecutors and defence counsel. Although the Government of
Liberia recruited 10 new public defenders to provide assistance to indigent defendants, 7 of the
15 counties are still without assigned public defenders.15 Meanwhile, in those counties where
public defenders have been assigned, they are mainly restricted to county capitals. Legal advice
clinics are operating in only three counties. This impacts on the proper functioning of the courts
and affects the rights of those going through the judicial process. As a preliminary measure, the
decision of the Chief Justice to ensure that all 15 counties have at least 1 public defender by
1 July 2009 is commendable. Gradually increasing the number so as to fulfil the right to legal
assistance remains critical. Defendants remain in pretrial detention for prolonged periods,
victims’ rights to protection and redress are frustrated and in some instances, courts have decided
on matters beyond their jurisdictions at the expense of defendants. UNMIL continues to provide
assistance to the Ministry of Justice for the development of review mechanisms for addressing
poor caseload management in the criminal justice system.
13. The corrections sector suffers from low budgetary allocation and weak physical
infrastructure. The institutions are understaffed and staff poorly paid and inadequately trained.
Frequently, the official staff are supplemented by volunteers, which raises concerns about
accountability and other problems associated with prisons relying on the services of untrained
staff. Due to the absence of detention facilities in parts of the country,16 some magistrates have
resorted to unlawfully establishing and operating detention facilities as a stopgap measure. The
conditions in these illegal makeshift structures and in the official prisons and detention facilities
are, on the whole, deplorable and below minimum international standards in respect of
accommodation, separation of different categories of detainees, health care, ventilation, floor
space, bedding, personal hygiene and room temperatures.17 Overcrowding remains one of the
13
The Aborigines Law and Hinterland Rules and Regulations (2000) confer on certain
administrative officials adjudicatory powers over matters falling within their functions.
14
A puisne judicial officer appointed and commissioned by the President for a term of two
years. The courts of the Justices of the Peace are the lowest in the Liberian statutory judicial
structure with a territorial jurisdiction designated by the President. Pecuniary jurisdiction in civil
actions is limited to 50 and 100 Liberian dollars for recovery of assets and debt payments
respectively and to petty larceny and offences less serious than misdemeanours in criminal
matters.
15
According to data compiled by the Legal and Judicial Systems Support Division of UNMIL.
16
Three counties, namely Grand Kru, Gbarpolu and Rivercess do not have central prisons.
17
See rules 9-22 of the Standard Minimum Rules for the Treatment of Prisoners.
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