Monrovia – Human rights lawyer, Cllr. Dempster Brown has filed a motion to Criminal Court ‘A’ Circuit Judge, Roosevelt Willie title “Motion to Dismiss for Prosecution’s Failure to proceed” to release over 20 pre-trial detainees held at the Monrovia Central Prison.
Report by Augustine T. Tweh – [email protected]
Cllr. Brown called on the court to dismiss all charges levied against them failure on the part of the government to proceed with prosecution, citing Article 21 (F) of the Liberian Constitution.
Article 21 (F) of the Liberian Constitution states: “Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within 48 hours. It shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.”
The motion to dismiss was filed recently at the First Judicial Circuit Court, Criminal Court ‘A’, Montserrado County.
According to Cllr. Brown, the inmates are all motorcyclists, who were arrested and brutalized by state security (police), charged with Arson, Criminal Mischief, Riot and Aggravated Assault and detained at the Monrovia Central Prison since 2008.
“The Ministry of Justice/Prosecution neglected and failed to try the movants (A legal person who requests a court to do something) in gross violation of their constitutional rights under Article 21 (F) which calls for speedy trial; and because movants say that they are law-abiding citizens of the Republic of Liberia; therefore, their rights must be protected under the laws of the Republic of Liberia.”
Wherefore and in view of the foregoing, movants pray court to dismiss the case against them to restore their liberty as in keeping with law.”
Over hundred 100 pre-trail detainees are languishing behind bar at the Monrovia Central Prison, the second highest prison facility in the country.
Some prisoners were rejected sometime in January of this year due to the over crowdedness of the prison compound.
According to information, most of the prisoners at the Monrovia Central Prison are pre-trail detainees.
It can be recalled, in January of this year the former Solicitor General, Cllr. Betty M. Lamin-Blamo, was contacted on the over crowdedness of the prison and she disclosed to FrontPage Africa that there was a memorandum of understanding reached in June of 2016 that sought to control how Writ of arrest was issued.
This, according to her, was intended to address the over crowdedness of the prison.
At the same time, Amnesty International – an international human rights Group – has been lamenting on the appalling condition of the Monrovia Central Prison.
Amnesty International reported that the Monrovia Central Prison – the second biggest prison in the country is currently holding more than twice its capacity.
The situation, according to Amnesty International, is forcing inmates to sleep in shift due to limited space (room) to lie down.
The group further noted that adequate supply of food, water and health care is a major challenge for prisoners at the second biggest prison compound in the country.
Up to now, the issues of pre-trail detainees and over crowdedness of the Monrovia Central Prison still remain a major challenge for the criminal justice system.