MONROVIA – Grand Kru County Senator Albert Chie has raised an alarm over increasing hunger and the deplorable state of prison facilities across the country.
By Obediah Johnson
According to him, many prison facilities are overcrowded with pretrial detainees including ill persons and pregnant women. He made the observation during regular session in the chambers of the Liberian Senate on Thursday, October 22.
“We present our compliments and respectfully bring before this Honorable Body a matter of national concern raised repeatedly by citizens from all walks of life: the prolonged pre-trial detention of Liberians and foreign nationals and the overcrowded, dilapidated and unsanitary conditions, including hunger, in our detention facilities throughout the country, especially the Monrovia Central Prison.”
He said the current situation runs contrary to the 1986 Liberian Constitution. The Constitution is regarded as the organic law of the land.
“There have been consistent and credible reports that persons awaiting trial, among them pregnant women and persons in ill health, have remained in custody for extended periods without indictment or trial. Such conditions are difficult to reconcile with our Constitution and laws. The Constitution guarantees that every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours (Article 21f).”
Amongst other things, Article 21 (e) forbids torture or inhumane treatment of any detainee, while Article 21g guarantees the writ of habeas corpus at all times. Article 21 (h) also preserves the presumption of innocence and Article 20 (a) underscores the need for due process of the law
Senator Chie pointed out that the Criminal Procedure Law makes bail a matter of right for non-capital offenses and requires courts to dismiss prosecutions not pursued within the next succeeding term absent good cause.
He noted that Liberia has also undertaken international obligations under the International Covenant on Civil and Political Rights (Articles 9(3) and 10(1)) and the African Charter on Human and Peoples’ Rights (Article 7(1) (d)).
“We are mindful that under Articles 3 and 65 of the Constitution, decisions on bail, release or continued detention of any accused person belong to the courts.”
He maintained that though the prosecution and custody of detainees are functions of the Executive, as the Senate cannot order the release of any person or to direct any court or official in a pending matter.
“We ask instead that the Senate exercise its constitutional powers of oversight, appropriation and lawmaking (Article 34(d), (1) of the Constitution).”
He stressed that the Senate, through its Plenary, should refer this matter to the relevant Senate Committees for inquiry and to hold hearings with the Ministry of Justice, the Bureau of Corrections and Rehabilitation, the Liberia National Police and the Public Defenders, and by way of comity, to invite the Judiciary through the Office of the Court Administrator, the Independent National Commission on Human Rights and the Liberian National Bar Association, to brief the committee(s) on the number and duration of pre-trial detentions and the conditions of confinement.
He stated that lawmakers should also direct the committee(s) to recommend legislation amending the Criminal Procedure Law to strengthen statutory time limits, periodic case review and alternatives to pre-trial detention, together with appropriations for food, medical care, sanitation, decongestion of facilities, and expanded public defense and court capacity.
He added that upon the submission of the committee report, the Senate should adopt a resolution, for concurrence by the House of Representatives if Plenary, urging the Executive to implement remedial measures.
“Distinguished Colleagues, the dignity of every person in State custody is a measure of our Republic’s commitment to the rule of law and respect of human rights.”
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