INJUSTICE : SLPP judge imposed long-term imprisonment on Kamarainba for politically-motivated case

One of the greatest injustices this SLPP Government led by Mr. Maada Bio is the unjust imprisonment of the leader of the Alliance Democratic Party , Mr. Mohamed Kamarainba Mansaray.

Kamarainba had been a vocal critic of President Bio and his government. He once famously told the AYV  newspaper : “The president’s first 100 days were unsatisfactory. I give him 30 percent. The dollar inflation is high, cost of living is high, and the bread and butter issues have been ignored. The new government transitional report is not inclusive and is largely a witch hunt against the opposition. If he wants to succeed, the president needs to reform his priorities”.

Now, a nephew of Kamarainba’s has complained on Facebook :  READ BELOW :

If it is true that Mr Mohamed Kamaraimba Mansaray is suffering from Prostrate, his Legal Team should submit a Presidential Pardon application on the grounds of ill health, through the Office of the Attorney General and Minister of Justice. The fear of failure should never be an impediment neither an excuse for not trying. I believe there is humanity in every Leader no matter how bad situations might look.

My Uncle once told me that Dr John Karefa-Smart who fled for asylum to the United States where he spent a long life in self exile, would have been prevented from leaving the Country if Siaka Stevens had wanted to. According to my Uncle’s account, the then Prime Minister, Siaka Probyn Stevens actually organised Dr Karefa-Smart’s smooth exit from the Country against opposition by King Pharaoh’s adopted Niece, Ms Nancy Steel, Sierra Leone’s self styled APC tough Lady. Siaka Stevens allegedly told her to shut up and mind her business after trying to persuade him to sign an executive order preventing Dr Smart from boarding the flight bound for the United States. We are talking of a man with a ruthless track record dealing with his political enemies.

If the President is so concerned, he can grant Mr Mansaray a conditional State Pardon with possible imposed limitations on his rights to Freedom of Assembly and Association. In case one wonders why I should make such a suggestion of restricted Freedom, the answer lies in Kenneth Waltz the famous American Neo-Realist Academic’s ‘Man versus the State Reordering Principles’ Theory Analysis. In the Realist Perspective, the State is the dominant force that overrides every other thing especially when it comes to the issue of Security. ‘When a man’s freedom to do as he likes, comes in direct conflict with the State’s obligation to maintain Peace and Security for the general good of all, the will of the State must prevail’, Kenneth Waltz strongly noted. I think Mr Mansaray’s Lawyers should give it try.

KAMARAINBA’S NEPHEW


By Henry KargboThe National Coordinator of Consortium for Good Governances, Human Rights and Democracy, Marcus Bangura has Tuesday 3 August 2021 told journalist that the life of the Chairman and Leader of the Alliance Democratic Party (ADP), Mohamed Kamarianba Mansaray is in danger.He said the vocal politician’s health condition is depreciating day by day after having spent over a year in detention on trial of alleged sexual penetration.Mr Bangura made this disclosure at a press conference hosted by CGHRD at the Sierra Leone Association of Journalist headquarters on Campbell Street, in Freetown.

CGHRD National Coordinator informed news men that he is in possession of an independent medical report by competent medical practitioners, certified by the Chief Medical Officer, reporting the degenerating health status of Mr Kamarinba.

“With this CGHRD is urging the government of Sierra Leone to grant him bail as CGHRD observed that the matter has been prolonged which has caused the protracted detention of Mr Kamarinba, which has the proclivity of trampling on his right to life and freedom.

Grave Concerns Raised By CHRDI After Visit To Jailed Opposition Leader Mohamed Kamarainba Mansaray

By Ishmael Sallieu Koroma

jailed opposition leader Mohamed Kamarainba Mansaray

Leading human rights organization in Sierra Leone, Campaign for Human Rights and Development International (CHRDIhas in its latest Human Rights and Policy Brief draws the attention of the Sierra Leone government to the UN Standard Minimum Rules for the Treatment of Prisoners, which establishes standards on a range of matters which include accommodation conditions, adequate food, personal hygiene among others to be respected by states in the world.

The group’s call came after its Executive director and senior rights advocate visited the country’s main correctional center to see jailed opposition leader Mohamed Kamarainba Mansaray who has been in detention for over one year and half despite a judge granting him bail last year after reports about his deteriorating health condition by rights groups and the media emerged.

It would be recalled that on the 17th July 2020, a police complaint for an alleged sexual penetration of a 15 year old school girl, led to  the  arrest  Mr. Mansaray by the Criminal Investigations Department (CID) of the Sierra Leone Police and later detained and charged to court on the 21st July same year (2020).

‘’On the 7th September 2021, he was granted bail, but he still remained in a detention facility in Freetown on the grounds that he failed to meet his bail conditions. The visit has been described by the CHRDI team as very useful because it offered them the opportunity to form correct opinions or make valid conclusions. According to members of the team, they were made to learn during their visit, that Mr. Mohamed Kamarainba Mansaray has serious medical challenges, which need immediate attention,’’ CHRDI Human Rights and Policy Brief noted.

According to CHRDI, Mr. Mansaray told them that he has spent a year and half in detention and has been diagnosed with prostate cancer by two medical doctors while in detention adding that the former presidential candidate also disclosed that because of his medical condition, he has to use the toilet to urinate every 30-40 mins, failing which, he will urinate on himself.

‘’And he also revealed that about a year ago, a neurologist from ECO-MED, recommended to the Correctional Services that he should have a surgical operation which he was denied’’

‘’Asked about his Bail Bond, Mr. Mansaray responded that he had fulfilled his bail condition but yet in prison but informed CHRDI that he has family members and friends who visit him’’

CHRDI said the jailed opposition leader pointed out that he has not been subjected to any inhumane treatment from neither prison officers nor from any other person or individual but pointed out that whenever he has visitors, there will always be military personnel and prison officers listening to their conversation this the right said their team also experienced a similar situation during the visit.

‘’In view of all of the above, CHRDI hereby draws attention to the UN Standard Minimum Rules for the Treatment of Prisoners, which establishes standards on a range of matters. They include accommodation conditions, adequate food, personal hygiene, clothing and bedding standards, exercise, medical services, and disciplinary procedures. These rules are now complemented by the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This obliges States to set up preventive monitoring mechanisms to maintain detention standards,’’

CHRDI however expressed disappointed and denounced the service and conditions of the facilities for both security personnel and the inmates and calls for proper improvement of the detention centers and the conditions of services for all the workers.

‘’CHRDI also points out to the fact that there are no in-house psychiatrist Doctor(s) or clinicians in the centres and correctional services personnel have to apply ‘common sense’ to treat inmates with mental health issues or call on the country’s only psychiatric Doctor for treatment. There is no external monitoring or oversight, which is extremely damaging, considering the level of negligence and incompetence displayed by some correctional services personnel on a daily basis,’’ the right group noted in its Human Rights and Policy brief .

It further noted that keeping inmates in jail in a very poor health conditions puts both their own health and the health of the Correctional Services staff who come into contact with them at risk and impedes efforts to maintain public health thus stating that this defies both Sierra Leonean and international law, which requires care for the health of prisoners.

The Right based Organization therefore urged the government of Sierra Leone to implement the just concluded prisons management assessment recommendations, thus urging the authorities to take action now, before it is too late, and use different tools to reduce the prison population in the country.

 

 

NEWSPAPER REPORT OF KAMARAINBA’S IMPRISONMENT

Kamarainba to Spend 17 years in Confinement for Sexual Penetration

By Fatmata Jengbe

After spending sometime in remand failing to fulfill his stiff bail conditions, Leader of the Alliance Democratic Party (ADP), Mohamed Kamarainba Mansaray, was found guilty by Judge Samuel Omodale Taylor, at the Appeals Court of grooming and having sex with a 15-year old school girl.

According to the prosecution, Kamarainba with the aid of co-accused Marion Aruni, said to be the girl’s aunty, had sex with the 15-year old school girl on Valentine’s Day – 14th February 2020 in Koidu, Kono.

Count 1- 15 years
Count 2- 15 years
Count 3- 15 years
Count 4 -15 years
Count 5 – 15 years
Count 6 – 2 years
Count 7 – 2 years
Count 8 – 15 years

Using the above formula the 1st accused was found guilty in Counts 1, 2, 3, 4, 5 and 8= 15 years to run concurrently .Guilty in Counts 6 and 7 = 2 years each, to run concurrently. Therefore, the 1st accused is sentenced to 17 years

With regards the 2nd accused, she was found guilty in Counts 1 and 8 and sentenced to 15 years each to run concurrently. Therefore the  2nd accused was sentenced to 15 years

Taking the sentencing guidelines into consideration, the court has been extremely fair with the accused.

In Justifying their sentences the following was used:

1) 12- 17 years – the sentence range is 5 to 10 years and should not  exceed 10

2) 18 – 23 years – the sentence is minimum of 10 years and can attract Life imprisonment

3). 23 – above-the sentence range is minimum of 15 years and same can attract Life Imprisonment.

So, his sentence is either dominated by huge mitigating factors or the Hon. Judge took other essential factors into consideration.

The ADP leader – Kamarainba Mansaray who was unable to attend most of the court hearing due to health reasons, which is believed to be prostate cancer related may serve a minimum of 15 years in jail, at the end of which he would be almost 70 years old.

Second defendant Marion Aruni was found guilty on two counts of conspiracy and aiding and abetting, and was sentenced to 15 years each, to run concurrently.

As both convicts have already served three years in jail after their arrest in 2020, Kamarainba may spend about 12 years in jail in total for grooming and having sex with a 15-year old school girl on Valentine’s Day in 2020 in Kono, Eastern Sierra Leone.

 

 

 

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