Bong County — The Foundation for International Dignity (FIND), headed by its Executive Director Aaron G.V. Juakollie, is deeply concerned about the reported deaths of inmates at the Gbarnga Central Prison.
It can be recalled that inmate Bakaline Kanneh, who was charged with alleged rape, died in March 2023. Also, on July 29, 2023, inmates Moses Dennis, allegedly charged with Statutory Rape, and inmate Benson Kula, charged for Statutory Rape, died on August 10, 2023.
Following these reported deaths, currently, four (4) inmates are affected by serious illnesses, ranging from mental illness to Hepatitis B virus.
According to the assigned nurse at the facility, the Gbarnga Central Prison is currently hosting two hundred ninety-six (296) inmates, whereas the facility was built to host only one hundred and thirty (130) inmates. Among those detained are two hundred twelve (212) detainees, including six (6) female detainees and two (2) juvenile male detainees, while eighty-four (84) inmates are convicts, including two (2) adult females and two (2) male juveniles.
FIND expressed that the conditions for inmates at the Gbarnga Central Prison are inadequate and in dire need of urgent attention. With the overcrowding and conditions at the prison, the fundamental human rights of the inmates have been abused and violated, in violation of Liberia's Criminal Procedure Law Chapter 13.1.1, Chapter 34.17, as well as the 1986 Liberia Constitution, Article 11, and Articles 21e and...
Liberia's Criminal Procedure Law Chapter 13.1 and 34.17 state:
Chapter 13: Bail
§13.1. Right to bail.
Capital offenses.
A person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or the presumption great that he is guilty of the offense. On the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great that he is guilty of the offense is on the Republic. After indictment for such an offense, the burden is on the defendant to show that the proof is not evident or the presumption not great. After conviction for a capital offense, no person shall be continued at large on bail or be admitted to bail except in accordance with the provisions of paragraph 3 of this section.
34.23. Detention of prisoner beyond termination of sentence because of mental disease or defect.
When two physicians approved by the Department of Justice find upon examination that a prisoner about to be discharged from an institution suffers from a mental disease or defect of such a nature that his release or discharge will endanger public safety or the safety of the prisoner, the warden or other administrative head of the institution shall apply to the court which committed the prisoner for an order transferring him to a mental institution outside the supervision of the Department of Justice. The judge shall grant the order if he finds, after a hearing, at which the prisoner may be represented by counsel, that the release of the prisoner would, in fact, endanger public safety or his own safety. The commitment to the mental institution shall be for a period of six months and may be extended on the order of the court for successive periods of six months so long as the release of the prisoner would be dangerous.
In a related development, FIND is also concerned with the long delay in adjudicating cases involving former and present county officials of Bong County, as well as other individuals.
It can be recalled that on June 5, 2019, the 9th Judicial Circuit Court formally indicted these defendants, including but not limited to: Liberia China United Investment Group (LCUIG) represented by its CEO Lian Ahi, George S. Mulbah former Representative of District #3 Bong County, Tokpa J. Mulbah Former Representative of District #1 Bong County, Edward W. Karfiah Representative of District #5 Bong County, Rennie B. Jackson former Superintendent Bong County, Melvin Cole Representative of District #3, and others such as Thomas K. Cisco Project Specialist Ministry of Internal Affairs; Dr. John Flomo former President Bong County Technical College, Kenneth Yao Awadjie Former Assistant Chief Architect, Ministry of Public Works; Marcus Berrian Project Engineer, Project Implementation Unit Bong County, all of the City of Gbarnga Bong County, and Monrovia Liberia respectively. These defendants allegedly committed the following crimes: Violation of PPCC Act, Theft of property; Fraud on the Internal Revenue of Liberia, Criminal Conspiracy, and Criminal Facilitation.
Nearly four years since the indictment was issued, the case has not been placed on the court docket.
FIND is concerned about the delay and wants the defendants, Ministry of Justice, and the Court to be reminded of Chapter 4 of the Criminal Procedure Law of Liberia that speaks of "Time of Limitation."
4.2 Non-Capital Offense.
"Except as provided in section 4.3 and section 4.4 of this chapter, prosecution for any non-capital offense shall be subject to the following periods of limitation:
(a) A prosecution for a felony must be commenced within five years after it is committed; (b) A prosecution for a misdemeanor must be commenced within three years after it is committed; (c) A prosecution for any other offense, violation, or infraction must be commenced within one year after it is committed unless the statute creating the offense, violation, or infraction otherwise provides."
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However, up to press time, these perpetrators have not been brought under the jurisdiction of the court because they have been shielded by some government officials from the Ministry of Justice due to "clandestine maneuvering by the former Solicitor General Republic of Liberia, Cllr. Cyrennius Cephus."
Meanwhile, FIND is calling on the Government of Liberia through the Ministry of Justice, the Judiciary through the public defense, to address the conditions of inmates at the Gbarnga Central Prison and to bring the perpetrators of Bong County Technical College's indictment to justice, ensuring they receive due process. FIND is also calling on all protection actors in Bong County and Liberia, especially the Civil Society organizations (CSOs), the Independent National Commission on Human Rights (INCHR), and the International Partners Office of the High Commissioner for Human Rights (OHCHR), to closely monitor and follow up on the situations at the Gbarnga Central Prison and the 9th Judicial Circuit Court so that the rights of inmates are protected and justice is dispensed without fear or favor.
