This all important right is an entrenched clause in the Constitution. Section 16
provides that it is a right to be enjoyed and can only be denied in execution of a
court sentence.
General Practice
This right is one very respected in practice. The death penalty is the maximum
penalty for capital offences e.g. murder, treason. It has however, brought about
very fine discuss as to its advantages and disadvantages to which the law makers
have listened. With the respect of the fundamental human rights paramount a
moratorium on the cessation of death penalty was passed with the result being no
judicial killings for the past twelve years.
However, there have been incidences of extrajudicial killings during the coup
d’états era: Armed Forces Ruling Council (AFRC), National Provisional Ruling
Council (NPRC). In 1998, a court martial was held for the trial of individuals on
the capital offence of treason. The majority of the accused were convicted and
executed although some received the Presidential Pardon. There was no right to
appeal from the Court Martial: neither interlocutory nor final. Following this
precedent a review of the Court Martial Rules resulted in an appeal system being
instituted from its decisions.
For suspicious deaths, the Coroners Act makes provision for investigations to be
done.
Article 5
Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All forms of exploitation
and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman
or degrading punishment and treatment shall be prohibited.
Legal Framework
Section 19 of the Constitution of Sierra Leone protects individuals against any
form of slavery and section 20 provides against inhuman and degrading treatment.
The Constitution however does not define torture; it is implied that having ratified
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment the definition given within is the de facto definition so
used.
General Practice
During the war, torture, inhuman and degrading treatments were widespread and
systematic. However, efforts are being made to address this and to prevent any
reoccurrence. The establishment of the Special Court for Sierra Leone which has
the jurisdiction to try those who bear the greatest responsibility for crimes
committed during the conflict including torture is one such effort. To date, all the
individuals who have been tried by the Court have been convicted and are
currently serving various terms of imprisonment .
At present there are no official complaints of torture. There are however
occurrences of inhuman and degrading treatment. Various Reports from the
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