Court Martials which handle matters relating to the misconduct of officers of the
Republic of Sierra Leone Armed Forces is in existence in Sierra Leone. This
tribunal is governed by its rules and procedures. In the past, no appeal was heard
from any court martial and so whatever decision was arrived at was final. This
gave room for miscarriage of justice and the execution of many officers of the
armed forces. In 1998, A Court Martial was held in Sierra Leone which led to the
conviction and execution of twenty four (24) officers for the crime of treason.
This trial and the subsequent executions were greatly criticised both at home and
abroad for the fact that these officers were not given the opportunity to appeal on
the decision of the court martial and so justice was not fully dispensed of. This
created the need for the rules and procedures to be revisited and reformed. Today,
Sierra Leone can proudly say that this situation has been addressed and an appeal
can now lie from a court martial decision.
There are procedural guarantees in black and white for the hearing of matters in
the Magistrate Courts, the High Courts, the Court of Appeal, the Supreme Court
and the Court Martial’s. The Local Courts as well have their procedures in
accordance with their customs and traditions. Although all these procedural
guarantees are in place, the reality is that the procedures are not always strictly
followed. Thus, there are frequent adjournments of cases which greatly affect the
dispensing of justice.
In addition to the provision for tribunals to guarantee an individual’s right to have
his course heard, the constitution, makes provision for an individual to be entitled
to legal aid. There was a national legal aid scheme in Sierra Leone piloted by the
Justice Sector Development Programme (JSDP) in partnership with the
Government of Sierra Leone (State number of cases covered when it ended).
There are also other organisations that provide legal aid services such as Legal
Assistance through Women Yearning for Equality, Rights and Social Justice
(LAWYERS) and Timap for Justice. The Legal Aid Act 2012 has been touted as
the peoples act and is reformist in nature. It guarantees the provision of legal aid
or representation to any indigene who needs it and where the State cannot provide
these services; the Act makes provision for them to be provided by non State
Actors (Paralegals) as long as they have been duly accredited after under going
the relevant training.
Article 8
Freedom of conscience, the profession and free practice of religion shall be
guaranteed. No one may, subject to law and order, be submitted to measures
restricting the exercise of these freedoms.
Legal framework
Section 24 of the Constitution provides for the freedom of conscience and the free
practise of religion except where such practice is not in the interest of public
safety, public morality, public order or public health or to protect a religion from
the unsolicited intervention of the members of any other religion.
General practise
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