By Mohamed Jaward Nyallay
The Attorney General’s Office in Sierra Leone has been shielding influential people facing rape charges due to unexplained inaction, rights groups have said.
The Human Rights Defenders Network - Sierra Leone (HRDN-SL), a coalition of civil society organizations championing human rights in the country, said cases involving people of influence in society have failed to progress despite the conclusion of investigations. The activists cited a prominent case involving a Paramount Chief in the Bonthe District who was accused of raping a young girl and which has failed to go to court due to delay on the part of the AG’s office.
According to HRDN-SL, every indication about the delay pointed to the manner in which officials in the Justice Ministry handle the cases.
“Cases involving Paramount Chiefs are held in the office of the Attorney General and Minister of Justice and the reason for not sending these files to the DPP (Director of Public Prosecution) for legal action are unclear,” the organization said in a statement issued out to the press on Tuesday.
Earlier this year Paramount Chief Jonathan Tucker was accused of raping a girl in his chiefdom in Bonthe District. The case provoked widespread interest both locally and internationally, especially so because it happened on the backdrop of heightened national campaign against sexual and gender-based violence in the country. HRDN-SL said its findings revealed that the police had long concluded their investigation on the matter.
The case was first reported in February 2019. By May the Family Support Unit of the police had concluded their investigation and submitted the report to the office of the AG., according to HHRDS-SL. He said its representatives made five follow up visits to the AG’s office and that as recent as November 13th a planned meeting with the Attorney General herself, Priscilla Schwartz, failed to materialize.
The campaign group also cited a case involving another Paramount Chief, PC Robert Coker, who has been accused of murder in the same district, but which isn’t making any headway.
Alphonsus Gbani, Executive Secretary of HRDN-SL, said both cases depicted a desperate situation for victims of rape and other offences committed by powerful people in the country.
“We used these cases to show the gravity of cases for survivors in the country. As I speak to you, the rape victim in Bonthe cannot return to her home in fear of reprisal attacks,” the activist told journalists at a press conference on Tuesday.
The office of the Permanent Secretary at the Justice Ministry turned down our request for comment when Politico called at Guma Building on Tuesday. An official told us the Permanent Secretary was busy and had no time to respond.
President Julius Maada Bio campaigned on a platform of ending indiscipline. And sexual and gender based violence has been a major focus in the first two years of his presidency.
At the beginning of the year, amidst an epidemic of sexual assault cases across the country, Bio declared a state of emergency on rape, tasking the police and relevant government institutions to take stringent measures to tackle the menace.
Amidst the controversy surrounding that presidential declaration, the government fast-tracked the formulation of a long delayed amended Sexual Offences Act. The Act, which toughened the punishment for sexual offenders, especially those who abuse minors, was eventually passed in September.
Despite his concerns, Gbanie said his organization recognized the progress government was making in terms of putting into place mechanisms to protect women and girls. He cited the amended sexual offences Act as a significant achievement.
But he warned that all that could count for nothing if government didn’t have the will to pursue high ranking members of society for rape and other criminal offences.
“If you go to Pademba Road prison [the main male correctional center in Freetown], all the people you see there that have been convicted for rape are poor people. We haven’t seen people in high places being charged to court for rape. This is a test case for government,” the activist said.
Gbanie’s call comes as the world commemorates the 16 Days of Activism on Sexual and Gender-based Violence.
HRDN-SL suggested strong recommendations, most of which seek to get more resources allocation and capacity to strengthen the work of the Police.
“GoSL (Government of Sierra Leone) to support the Legal Department of the Sierra Leone Police to provide legal advice on cases to improve service delivery within the criminal justice system,” Gbanie said.
He added that government should also strongly consider separating the office of the Attorney General from the Ministry of Justice, in line with the recommendation of the post-war Truth and Reconciliation Commission.
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