By Grace Q. Bryant
The Independent National Commission on Human Rights (INCHR) says the criminal justice systems remain weak as a result of several factors including corruption, absence of key personnel in the justice system and inadequate resources to support rule of law institutions including the LNP, judiciary, and the Bureau of Corrections and Rehabilitation (BCR).
Releasing its first quarterly Human Rights Situation Report yesterday at the INCHR headquarters in Sinkor, Cllr. Dempster Brown expressed that access to justice remains an illusion with a vast majority of poverty stricken citizens unable to afford legal services and to undertake prolong and expensive court proceedings.
INCHR further noted that during the period under review, the Government of Liberia (GoL) did not take substantial steps in addressing most of the human rights concerns and that Liberia is plagued with a rapidly declining economy, epitomized by a serious depreciation of the Liberian dollar against the US Dollar.
“This huge inflation has led to an increase in prices of rice, gasoline and other commodities on the local market, thus creating hardship, suffering and abject poverty for more citizens and foreigners alike as a result of the melting economic situation,” Cllr. Brown noted.
INCHR maintained that the wave of disappearance and mysterious killings are instilling fear in communities and curtailing movements of people, which is hindering various kinds of rights including freedom of movement and assembly.
However, the Cllr. Brown noted that murder is a crime under the laws of Liberia but the failure of the duty-bearer to take steps in averting persistent acts of killing is of concern to the INCHR.
“The Commission posits that the failure of the State to take necessary measures to investigate suspicious deaths and all killings by unknown persons and to identify and hold individuals accountable or groups responsible for violations of the right to life constitutes in itself a violation by the State of that right,” the commission explained.
Cllr. Brown further that the INCHR will use all means available to achieve this goal in collaboration with duty-bearers, rights-holders, likeminded partners and stakeholders to guarantee the fulfillment of human rights and accountability, thus ending impunity and fostering the rule of law.
“It is the INCHR’s hope to work with other relevant line ministries and agencies, as well as local and international partners in addressing specific and general areas of concern subject to this report, which will enhance the protection, promotion and fulfillment of human rights,” he emphasized.
INCHR also called on the GoL should take positive steps aimed at preventing and protecting citizens and foreigners alike from all forms of danger including mysterious disappearances and killings.
Meanwhile INCHR thinks that the persistent acts of torture by local authorities is a gross violation of human rights, and that Ministry of Internal Affairs (MIA) should take remedial actions in curbing these violation.
Further, the INCHR feels that the lack of effective LNP presence in most rural parts of Liberia might be consequence of local authorities assuming police power, as such encourages the Ministry of Justice (MoJ) and LNP to ensure adequate police presence, which would assist proper law enforcement thus promoting the rule of law.
The Commission further notes that in the absence of relevant line Ministries and Agencies including the LNP, all powers are assumed by the local authorities including the power to detain, imposed and collect fines, served as judges, defense councils and prosecutors in all cases.
He added that the systematic application of daily, weekly and monthly monitoring and reporting methods are designed and applied by the Commission is aimed at identifying violations of human rights of various categories, holding duty bearers accountable, and providing redress to victims.
“The Commission then makes suitable recommendations to relevant agencies of government for redress or remedy. With monitors located in all of the 15 counties; and a strong collaborations with civil society organizations, the Commission stands poised to adequately carry out its mandate to protect, promote human rights, monitor, investigate, document and report human rights abuses/violations if and when they occur anywhere in Liberia,” he revealed
The Independent National Commission on Human Rights (INCHR) was established by an Act of Legislature in 2005 with the mandate to promote and protect human rights.
The commission also has an adjunct function to ensure implementation of the recommendations of the Truth and Reconciliation Commission (TRC). Article III (4) (e) of the INCHR Act of 2005 empowers the Commission “to conduct free and unfettered on sight inspection and investigation…, including powers to visit all civil, military and Para-military places of detention in the Republic of Liberia.”
Further, Article 4 (16) of the Art states, among other thing, that the Commission is “to prepare quarterly and annual reports on the human rights situation generally and on more specific matters such as armed aggression against the Republic of Liberia, internal conflicts, crimes against humanity, war crimes, torture, and genocide.”
To protection and promotion, the report recommends to the Government of Liberia (GoL) and its partners and various stakeholders to address the concerns flagged herein and above by the INCHR.
He also recommended the Government ensure that rape and gender-based violence cases are legally disposed of in a timely fashion so as to safeguard justice for both victim(s) and perpetrator(s), as well as to lower the chances of compromising and settling all of such cases.
While, Ensure logistical, infrastructural and manpower development of justice system that will enhance their capacity to speedily respond to cases, speedy adjudication of cases in courts and providing the required correction and rehabilitation of convicts, as well as ending the huge prolonged pre-trial detention at almost all prisons in Liberia.
Adding to ensure that judicial officials, defense counsels and prosecutors assigned to courts are always present and institute appropriate disciplinary measures taken against personnel who absent themselves from their area of assignment.
