The NEWS (Monrovia)
Jimmey C. Fahngon
3 April 2008
Monrovia — The United Nations Mission in Liberia (UNMIL) Human Rights and Protection Section Wednesday released a report in which it alleged that court officials in Liberia were corrupt.
The report which covers a six-month period (May-October 2007) recalled that Gbarnga City Magistrate refused to release a woman who was charged with theft and detained on May 31, 2007 until her husband paid L$2,500 for her release.
According to the report, there appears to be no basis to the charge as it relates to the pawning of a mattress from the woman's own home to enable her buy food for her seven children.
The report said a man convicted of rape in Lofa County was sentenced to life imprisonment with his rights to an appeal denied.
"Although no fees are legally required for an appeal to the Supreme Court, the accused was asked to pay L$4,000 for the Court's Sheriff to file the appeal in the Supreme Court which he did; the appeal was however not filed as the Sheriff lacks finances to meet the cost of the trip to file the papers at the Supreme Court in Monrovia, neither can the accused afford to meet the said transport cost," the report added.
Additionally, the UNMIL rights report also recalled in June 2007, a staff of the Catholic Justice and Peace Commission reported that some members of the Grand Jury in Maryland County sought a bribe from him while he was testifying as a witness in a rape case.
After preliminary examination of the case in which a 13-year-old girl was allegedly raped, the case was transferred on August 10, 2007 to the Lofa County Circuit Court and the defendant committed to pre-trial detention.
However, the Circuit Court's clerk requested the victim's father to pay L$200 for completing the commitment forms, explaining that it was not an official court fee, but an 'administrative fee' to compensate his services.
Moreover, the report detailed that on June 25, 2007, the Magisterial Court in Fishtown, River Gee County, granted the City Solicitor's request to allow the victim and suspect to reach an out of court settlement in a case of aggravated assault while the Magistrate fined the accused L$500 without trying the case.
The report cites instances where officers of the Liberia National Police (LNP), court officials and prisons authorities were found to have been involved in corrupt practices.
The report notes that "corruption within the criminal justice system does not only undermine public confidence, but also makes it possible for justice to be subverted and for human rights violations and abuses to go unpunished."
UNMIL, in its report further alleged that Justices of the Peace were hearing cases even though their commission had expired.
According to the report, on the 20th and 22nd of August 2007, a Justice of the Peace in Suakoko, Bong County, sentenced two men to prison terms of two and three months respectively for theft of property.
The report indicated that in September 2007, a Justice of the Peace in Foequelle allegedly arrested a man and handcuffed him over night because he had failed to pay a L$3,000 fine imposed by the Justice of the Peace earlier in the year.
Other issues highlighted in the report include poor detention facilities, unofficial and private detention facilities, sexual and gender based violence including rape and forced marriages, among others.
UNMIL recommended that the Ministry of Justice identifies all unauthorized detention facilities upon which they should be officially closed or recognized and given support from the government and relevant international organizations.
It also recommended that the Justice Ministry should in the long term consider reviewing the viability of the entire judicial mechanism of the Justices of Peace including their jurisdiction.
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