By Mohamed Jaward Nyallay and Mabinty Kamara
The Center for Accountability and the Rule of Law (CARL) has called on the police to be more accountable for their actions. In a report launched by the civil society group on Wednesday, it condemned the actions of both parties on Independence Day between the police and supporters of the main opposition Sierra Leone Peoples Party (SLPP).
“Police and civilians should be equally held to account for the wrong doings that they engaged in,” Ibrahim Tommy, Executive Director of CARL, said.
The CARL boss told journalists at a press conference preceding the launch that allegations concerning police brutality during the fracas were worrying. He said brutality should not be an excuse under any circumstance.
“Allegations against police brutality are completely unacceptable,” Tommy said.
April 27th marked the 55 independent anniversary of Sierra Leone, and the date often coincided with the 66th anniversary of the SLPP, which is one of Africa’s oldest and Sierra Leone’s oldest political parties.
To mark the celebration, the party intended to unveil and parade a masked devil, ‘Arie Wutehteh’. According to party officials, they informed the police and the umbrella union for mask devils, Odele Union, a procedure that they were expected to follow.
Police officials and the Odele Union said they did not give any permit to the party to engage in such activity. Nevertheless, SLPP supporters insisted on going ahead with the street parade and this resulted into violent clashes between them and the police, which led to the arrest of dozens of opposition supporters.
CARL holds that it’s wrong for citizens to apply to the Odele Union instead of directly applying to the Inspector General of Police for permission to engage in a street parade. Tommy stressed this point by making reference to the Public Order Act of 1965 which is part of the Constitution of Sierra Leone.
The Sierra Leone Police had entered in to a Memorandum of Understanding (MoU) with the Odele Union which entails that the union gives initial approval before the police can permit any masquerade to be allowed out of the street.
But Tommy condemned the MoU, stating that such decisions to approve or deny requests should be taking based on intelligence reports. He was also concerned about the MoU contradicting the constitution, especially with regards to freedom of association.
“Such a MoU goes against the spirit of the constitution, therefore the Police must rescind it,” Tommy said.
An agreement of this nature between the Odele Union and the SLP risks sharing the authority of the police to oversee issues bordering on law and order with a non- governmental body, he noted.
There have been conflicting reports as to how many people were injured at the Independence Day clashes.
So far the Police continue to deny that there were any injuries. But in a phone interview with the Acting Publicity Secretary of the SLPP, Lt (rtd) Laurence Lahai Leemah, he told Politico that an elderly man was shot.
A Politico investigation revealed that a 62 year old man named Hassan Kanu reported to the Connaught Hospital with an injury. He lost one of his fingers and a clinician at the hospital said it was as a result of gunshot.
A list of the drugs on the medical prescription and the description of the wound also appeared to indicate that it was a bullet wound. But we couldn’t confirm this with any scientific proof.
Eye witnesses account as to whether live rounds were fired have varied so far; some have said bullets were fired in the air, whiles others claimed that it was targeted at supporters.
Police spokesman, Assistant Superintendent (ASP) Ibrahim Kamara, told Politico that initial investigation revealed that a police officer did fire live bullet in the air. He however added that the officer was under investigation.
Footages on social media and traditional news outlets have also shown evidence of blood stains on the cloth of some victims.
Reports as to why the detained supporters were not charged to court earlier has also been going round the news cycle and the Police in their defense say they had to wait for the Law Officers Department for the files of the arrested supporters before the case could be charged to court.
“It’s their (Law Officers’ Department) job, we are only complementing their efforts,” said ASP Kamara.
This week 26 of those detained made their first appearance in courts and they were refused bail and sent to the Pademba Road Correctional Center. That followed the initial appearance of four others, including a leading women’s leader of the party, Lulu Sheriff.
The Police only promised to investigate allegations of gun shots; it is not clear whether they will also investigate other concerns, like allegations of police brutality, or the disproportionate use of force.
This is what CARL is pushing for. The human rights and justice-based organization wants the recently instituted Independent Police Complaint Board to take up such an investigation on the April 27 incident.
The SLPP, in an earlier statement, also called for similar investigation.
“We are also requesting that the Inspector General of Police institute an inquiry into the conduct of the police on that fateful day especially with regards their rules of engagement and the disproportionate use of force,” it said.
According to CARL, SLPP officials say they had had clashes with the police and their offices across the country have been vandalized over half a dozen times since 2007. The ruling All Peoples Congress (APC) had the same problem with the police when they were in opposition. This exposes a worrying pattern of relationship between the Police and opposition parties in the country.
CARL’s report made a number of recommendations to settle the air of mistrust between the police and political parties. According to Tommy, they have already shared the report with the SLP and the IPCB. He said they are willing to engage with these bodies to find solutions to some of the problems.
He responded to concerns about how the Political Parties Registration Commission should act at the center of all this.
“We recommend that the PPRC develop a model that will smoothen the relationship between the SLP, SLPP and other opposition parties.”
In recent years, many people have condemned police conducts in handling volatile situations. In the last decade, a number of complaints and reports have been launched against the SLP for similar issues like disproportionate use of force, police brutality and even extrajudicial killings.
It is not clear what CARL will do if their recommendations are not taken seriously. But Tommy hinted that they may go to the ECOWAS Court if the need arises, even though a case like that will be protracted and extremely difficult to pursue.
(C) Politico 12/05/16
