A/HRC/9/15
page 9
service deserve particular attention. A lack of public confidence in the State authorities together
with a lack of resources may create a dangerous dynamic if not addressed, and seen to be
addressed, in a decisive manner. Failing to address the existing lack of confidence within the
population could have a devastating impact on reform efforts.
16. The justice sector should receive immediate attention as reform in this area is central to
peace, security, development and respect for human rights. The independent expert welcomes
recent developments to address the lack of qualified personnel within the judiciary. Notably the
launching of the Judicial Training Institute will provide training to personnel at all levels of the
judiciary, and will include orientation programmes for new judicial staff as well as continuing
legal education for current members of the judiciary. In addition, the future use of paralegals in
the Liberian legal system who will not function as qualified lawyers but will be in a position to
offer legal advice, thereby increasing people’s access to justice, is to be welcomed.
17. However, at present the weak and dysfunctional judiciary is resulting in many trials being
conducted in violation of fair trial standards, trials are repeatedly postponed and courts remain
inoperational. In River Cess County the circuit court has remained inoperational since the
opening of the May Term of court hearings and in Lofa County the court closed its May term
early. Furthermore Justices of the Peace (JPs) have continued to hear cases even though their
commissions have expired. They have no legal authority to exercise judicial functions but in
Bong County for example the JP is still operating and has the use of a detention cell. In River
Gee County a JP is operating on the basis of a letter of authority from the county attorney, while
the law clearly provides that only the President has the power to appoint and commission JPs.
18. It is clear that there is need for assistance to the judiciary in a variety of ways including
improving the management and administration of the courts, training of all judicial personnel,
and provision of the material resources necessary to run a judicial system. Training and support
must also be provided to both prosecutors and defence lawyers, to assist with the smooth running
of the sector.
19. Much work has been done in the area of police reform and the United Nations Mission
in Liberia (UNMIL) has assisted with the training of 3,700 new members of the Liberian
National Police (LNP). However all this training will do little to enhance respect for human
rights and the rule of law if the police are not managed properly, are not provided with vehicles,
communication equipment or sufficient fuel and if an effective oversight body is not in place to
ensure accountability of the police to the community it serves. It is vital that gaps in institutional
capacity be addressed. Reform of the LNP is a multifaceted effort and the independent expert
was encouraged to hear of ongoing plans, such as the research being carried out by UNMIL and
the police service into options for a better accountability system.
20. The corrections sector is sometimes referred to as the anchor of the criminal justice system
and is in need of urgent attention. Monrovia Central Prison is overcrowded which places a big
strain on the utilities and facilities in the prison. It currently holds over 960 detainees with
only 38 staff. Separate blocks for female and juvenile detainees were recently constructed with
donor funding. However 95 per cent of the detainees held in the prison are pretrial detainees
some of whom have been held without trial for over two years. This is as a result of a weak and
dysfunctional judicial system, inadequate investigation of cases, alleged corruption which results
in prisoners’ cases not being brought to court without payment of a fee, absence of legal aid for
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