By Saio Marrah
As a way of mitigating international crime amongst countries in the regional bloc ECOWAS , the Parliament of Sierra Leone has unanimously ratified a treaty called Convention on Mutual Assistance in Criminal Matters.
Highlighting the significance of the treaty to MPs in the Well of Parliament, on Thursday 20th May, 2021, the Deputy Minister of Foreign Affairs and International Cooperation, Mamadi Gobeh-Kamara said Sierra Leone and other ECOWAS members acceded to it on 29th July, 1992. She said the convention will give Sierra Leone the opportunity to have collaboration with other members within the sub-region and beyond to fight against trans- border crime. She noted there was need for ratification of the convention that would enhance greater collaboration in fighting crime in West Africa.
She said it is not a secret that international crime is synonymous to most regions in the world and for that reason the Council of Europe has the European Convention on Mutual Assistance in Criminal Matters and Australia the Mutual Assistance in Criminal Matters Act, 1987.
She believed the ECOWAS convention is driving towards achieving integration in all field of activities of member States by adopting a common rule in the field of mutual assistance in criminal matters.
According to her, member states have undertaken- to accord each other mutual assistance in investigations in respect of offences.
The deputy Minister emphasised that the convention does not undermine any of the laws of Sierra Leone, but rather compliment them by effectively addressing criminal matters. She said it does not have any cost on the country’s budget and that nine ECOWAS member states that include Cote D’Ivoire, Ghana, Guinea and Guinea Bissau, have already ratified it.
Acting APC leader in Parliament, Hassan Abdul Sesay described the convention as non-controversial as it takes care of issues with international migration which he said directly affect the citizens of Sierra Leone. He said people mostly seek greener pastures abroad but sometimes ended up being maltreated. He said with ratification of such convention inhuman treatment will be addressed.
The speaker, Dr. Abass Bundu expressed delight at the development and claimed he was the brain behind the treaty during his tenure as the Executive Secretary of ECOWAS.
The Convention will provide “mutual assistance relating to investigations, proceedings, the taking of statements of witness, and service of documents. When one of the two contracting states deems it necessary to obtain information or documents needed for a proceeding instituted against a person for acts punished or prohibited in its territory, the other states shall provide assistance, including but not limited to; executing requests for searches and seizures, or depositions, in accordance with laws of the requested state, providing extracts of official records”.
However there are limitations which clearly indicate that “mutual assistance may be denied, if execution of the request would prejudice the security or public order of the requested state or would be contrary to its laws, if the request relates solely to violations of military obligations, if the request does not comply with the provisions of this convention,”.
The document further explains the limitations: “Before refusing the execution of any request pursuant to this Article, the requested state shall determine whether assistance can be given subject to such conditions as it deems necessary. If the requested state accepts the assistance subject to these conditions, it shall comply with said conditions if the execution of a request would interfere with an ongoing investigation or legal proceeding in the requested state”.
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