*Justice | Law | Rights*
šøš±ā *LEGAL LINK*šøš±
+23279167457 | +23288646294
89 Fort Street
Freetown | Sierra Leone
17th June, 2022
*PRESS STATEMENT*
*LEGAL LINK CONDEMNS THE UNLAWFUL ACT OF SHAVING L.A.J’s HAIR WITHOUT HIS CONSENT AND CALLS ON THE IPCB TO OPEN UP AN IMPARTIAL AND INDEPENDENT INVESTIGATION OVER THIS TORTURE, INHUMANE AND DEGRADING TREATMENT OF A SUSPECT HELD IN DETENTION*
Christian Lawyers Centre (hereinafter referred to as *LEGAL LINK*) has been religiously following up on the unfortunate events of this week regarding the inhumane and degrading treatment meted out on a leading musician and Rapper in Sierra Leone by the name of L.A.J and its debilitating impacts on the rule of law, constitutionality and democratic policing in the country.
As an organization that defends the rights of vulnerable groups in Sierra Leone, we take the greatest exception to this unprofessional conduct by the Sierra Leone Police with respect to their handling of the incident bothering on LAJ and his friends.
It has even been alleged that LAJ and his friends were not only arrested and beating up by the security forces over this fraca, but LAJ’s dreadlocks ( hair) was also forcefully cut off from his head by the police while in detention.
Despite the increased condemnation and outcry from both within and outside of Sierra Leone over this travesty, the leadership of the Sierra Leone Police (SLP) is still in defiance of issuing out at the very least a statement, taking full responsibility for the excessive display of force, torture and inhumane and degrading treatment by subordinates against LAJ, a popular musician and critic of the government of Sierra Leone.
This willful omission clearly depicts the level of impunity that is at play within the leadership of the Sierra Leone Police Force as well as the degree of non-accountability that prevails within the law enforcement architecture in the country.
It could be recalled that several trainings have been conducted for the Sierra Leone Police on how to manage situations of such nature and their application of the use of force and democratic policing to quell them down.
The Human Rights Commission of Sierra Leone for example have facilitated in time past specialized trainings on the use of force in line with the UN Basic Principles on the use of force and firearms for over 30 Local Unit Commanders (LUC’s) in the country.
In that training, all the LUCās present did pledge that they will never authorize the use of unreasonable, unnecessary and disproportionate force in their quelling down of riotous situations or against suspects in detention as was displayed by their South African Police counterparts over the Marikana mines revolt.
As was emphasized during the trainings, even where provoked, the āUN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials dictates that *”the repelling force to be expelled must be equal, reasonable, proportionate and necessary in the given circumstanceā.*
*Admittedly, while we condemn the acts of LAJ and his friends for reacting in an uncivilized manner while in the Jeep at the petrol station as evidenced in the videos on social media, we vehemently and unequivocally condemn the over-reaction of the Sierra Leone Police to cut off the hair of the Musician Rapper while in detention.*
Noticeably also is the fact that even when the tensions had de-escalated, the callousness and unprofessionalism of the SLP became much more apparent. While denial by the Sierra Leone Police over the cutting of LAJ’s hair still continues, video clips of interviews done by LAJ’s lawyer, father and family members revealed that the musician dreadlocks (hair) have been shaved off; and there is also an outright resistance by the Sierra Leone Police to allowing them access to the suspect. Rumors even abound that LAJ is currently been tortured in a place called Benghazi, operated and managed by the Sierra Leone Police.
*If these allegations are true, then such complicity by the Sierra Leone Police to deny access to the suspect and to further maintain a place by the name of Benghazi where conspicuous pattern of torture are alleged to have been carried out amounts to a blatant violation of international, regional and domestic laws to which Sierra Leone is a party*
*LEGAL LINK therefore wants it to be known by the government and leadership of the SLP that the act of shaving off LAJ’S hair alone, when measured by the standards of international law, clearly amounts to torture, inhumane and degrading treatment of a suspect for which the jurisdiction of the Treaty Body/ complaints mechanism of the United Nation’s Convention Against Torture (CAT) can be invoked and properly seized.*
It is vital to further emphasize that the right to freedom of torture by the standards of the UN Convention Against Torture (CAT)
to which Sierra Leone is a signatory is a non-derogable right (Edgar-omnes) and a per-emptory norm of Customary International Law.**This means that under no circumstances can it be justified for the Police to torture any human being in a democratic society needless to talk about Artists, Musicians and critics of the government.*
LEGAL LINK is of the opinion that all what the police were mandated and required to do by law on that fateful day was to effect an arrest on all alleged offenders, including LAJ, investigate and charge them to court for public order offences as enshrined under the Public Order Act of 1965 where the evidence was pregnant and overwhelming.
*But for the police to have decided to engage on a frolic of their own and acted outside the remits of the law by overtly torturing and executing brutal and excessive force on a harmless musician in their custody, in such scale and magnitude, amounts to a violation of not only the UN Convention Against Torture, but also the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the African Charter on Human and People’s Rights, the Luanda Guidelines and section 20 (1) of the 1991 Constitution of Sierra Leone.*
*As dictated by the Luanda Guidelines on Pre – Trial Detention, a regional instrument which Sierra Leone has signed up to, ‘suspects awaiting trial must be guaranteed their basic fundamental human rights while in detention.’*
Any infraction or limitation towards the access to, and enjoyment of these rights by suspects will therefore amount to a violation of both international, regional and domestic law.
*LEGAL LINK therefore urges the leadership of the SLP and the government of Sierra Leone to take full responsibility for the excesses that have occurred, and to ensure the unconditional release of LAJ for immediate access to his lawyer, family and medical treatment.*
We further call on the leadership of the SLP to bring to justice the officers that shaved off the hair of LAJ and also ensure full compensation to LAJ for violations of his fundamental human rights while in pre-trial detention as required by the Luanda Guidelines.
*Additionally, we call on the Independent Police Complaints Board to open up an impartial and independent investigation over this torture, inhumane and degrading treatment meted out on LAJ and to further ascertain whether Benghazi does exist as a torturing centre of the Sierra Leone Police over innocent and unarmed citizens held in detention, awaiting trials.*
*Going forward, LEGAL LINK wants to draw the attention of the ruling government that Sierra Leone deteriorated about four places below in the World Peace Index Report of 2022 when compared to the previous year. This underscores the need for a more peaceful, inclusive and humane approach to be adopted in dealing with issues in the country so as to de-escalate tensions and potential conflicts between and amongst state and non-state actors as we approach the 2023 elections.*
As a preventive approach, LEGAL LINK will commit itself to be publishing a quarterly Newsletter titled: *’POLICE WATCH”* to help showcase not only the excesses within the SLP but also the good developments and success stories within the security architecture of Sierra Leone.
END#
*Rashid Dumbuya Esq*
*Executive Director of*
*LEGAL LINK and former Commissioner for Human Rights in Sierra Leone*
On behalf of the LEGAL LINK Team.
ALL RIGHTS RESERVED*
*ABOUT LEGAL LINK*
*Christian Lawyers Centre (a.k.a LEGAL LINK) is a non-profit legal advocacy group comprising of lawyers, law students and human right activists that seeks to provide legal assistance to religious communities as well as vulnerable groups in Sierra Leone through legal advocacy, education and training, public interest litigations, state and private sector accountability, enforcement of the rule of law and ensuring respect for domestic and international laws that guarantee fundamental human rights and freedoms.*
For more information, contact us at:
*No. 89 Fort Street, Off Circular Road, Freetown, Sierra Leone, West Africa*
*Email:*
[email protected]
*Tel*: +23279167457 / +23288646294
*Website:* www.legallinksierraleone.org
Arresting and detaining an individual without reasonable grounds constitutes a breach of human rights. The attitude of the Sierra Leone Police (SLP), over the alleged unlawful arrest of a Sierra Leonean musician called L.A.J, is in direct violation of āUnited Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonmentā ADOPTED 09 December 1988, BY The General Assembly Resolution 43/173.
Principle 33
1. A detained or imprisoned person or his counsel shall have the right to make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers.
2. In those cases where neither the detained or imprisoned person nor his counsel has the possibility to exercise his rights under paragraph 1 of the present principle, a member of the family of the detained or imprisoned person or any other person who has knowledge of the case may exercise such rights.
In order to detain a person lawfully, police must have a reason for doing so. This might either be for public protection or where an individual is detained for their own protection and safety.
An arrest can be made via a warrant. If the police officer reasonably believes there are grounds to arrest someone, they can do so without a warrant, but they must be able to justify their action. In the absence of sufficient justification, the arrest is unlawful.
Calling on the Sierra Leone Police to release L.A.J and also respect his human rights and constitutional right(s), if they have no possible criminal charge(s) against him.
A.M.F-2022
