The recently published ground breaking research by “Woman Wahala” researchers from AdvocAid and the Cyrus R. Vance Centre for International Justice on the “gruelling reality of female imprisonment” in Sierra Leone has shone the spotlight on issues affecting mostly pretrial female detainees of the prison system. Among other issues, light was shed on police misconduct among the other challenges these women face. Speaking to the executive director of the Legal Aid Board (LAB), Fatmata Claire Carlton-Hanciles on the high percentage of pretrial detainees (62% of the 86% of female prisoners surveyed between November and December 2019) and their mental conditions, she told Awoko the board always go back to the courts and ask they be released until prosecution.
Except on death penalty, robbery, aggravation and such cases which go to trial by jury, she said, “On mental issues we work with the Chief Justice on raising the competency of the courts to handle them.” She said mental issues are dealt with in the Criminal Procedure Act on steps to take for their examination and certification by the Ministry of Health (MoH). However, she said the police don’t always follow the laid down procedure. “According to the Act, police should contact Kissy Mental Home to determine if the detainee has sound mind and body. Is she is insane due to mind or other reasons? Police should elect to change, not charge.”
Hanciles said the chain of procedure, starting with Legal One working with the Directorate of Public Prosecution (DPP), see them working with police and the law office to help determine if the individual should be charged or not. The insane or deranged person is referred to Kissy Mental Home and at times admitted. The Criminal Procedure Act calls for a determination to be made on type of madness and what needs to be done. Sadly, she said there is always apprehension on the side of the police, as some people fake madness.
“We work with the DPP, court, police to ensure proper determination of the type of madness. Is it a disease of the mind (natural) or a restricted drug user? Is the condition temporary or permanent?” She said LAB loves working with AdvocAid and will continue working with them on issues to ensure help is given where it is needed. “They are one of our partners dealing with issues that are generally LAB’s obligation. We are happy when partners narrow issues/advocacy down to specifics – women, men, children, etc. AdvocAid does women advocacy. We appreciate and are mindful of the work they do, to see what needs to be done for women. We can’t do it alone.”
Among other issues, the survey disclosed overcrowding during COVID; that police tell illiterate women to sign confessions they don’t understand; women confess to crimes without understanding the charges brought against them and their implications and; are told they’d be able to go home if they signed confessions, only to sign and be charged to court, among other issues.
The survey can be viewed at https://advocaidsl.org/
By Jerry Kai-Lewis