Two Ebola survivors and the Center for Accountability and Rule of (CARL) between December and January filed a complaint to the ECOWAS Court against the Government of Sierra Leone.
The Executive Director of CARL Ibrahim Tommy said the case is a Human Rights case against the government of Sierra Leone with three plaintiffs; two Ebola survivors and CARL as the public interest plaintiff.
“It’s is a human right complaint against the government for violating the rights of its citizens, their rights to life and their right to health”.
Adding that “Basically the complaint is anchored on the allegation that funds set aside for Ebola was mismanaged by the government. Because of mismanagement a lot of people got infected and died and others survived and those survivors are living with serious health complications”
Tommy explained that “Under both Sierra Leone and international law, we claim that it a violation of their human rights”
As the matter have been set for hearing on 5th July. The executive director said “ it is expected that the government through the office of the Attorney General and Minister and Justice should be represented … we will proceed from there with the case as the court will provide the direction if it want’s to hear both parties. If the court sees reason to adjourn and adjust the case it will do that since this is the first time the court will be sitting on that matter.”
Since the matter was filed during the APC regime and there has been a change of government does the change of government have any implication on the case?
Tommy said “Legally no! The claim is against the government of Sierra Leone. It does not matter who the president is or the party. However every administration has its own way as to how to respond to issues including this one”
He added ‘It is possible that the government will decide to defend the action by challenging our claim, or decide not to defend it and ask for out of court settlement but that is entirely for the government to decide. There are a number of options available to them but the fact that there is a change of government (does) not in any way invalidate the case. It does not change the claims we have made against the government”.
Now that the SLPP government has called for an investigation into the mismanagement of the Ebola fund CARL Executive Director said that “One of the prayers is for the court to order the government of Sierra Leone to investigate the allocation of mismanagement of Ebola fund and bring to justice to those responsible for such mismanagement. Now if the government decided on its own volition to launch an investigation that is something the court will take notice and that will be part of their own case”.
He went to explain about the other reliefs, which includes “the declaration of those funds and the eventual loss of life and infection (lots) of Sierra Leoneans resulted to human rights violations. Now if the court declares that it will be the first time in the history of Sierra Leone there will be judgment linked of fiscal mismanagement to human rights violations. That will be fundamental jurisprudence interns of human rights protection”.
Further disclosing that they filed “for the government of Sierra Leone to take appropriate measure to respond to the health issues of Ebola Survivors as they are living with serious health complications. Because in addition to medical supplies they may need psycho social counseling. So we are going to order the court to basically compel the Sierra Leone government to measure to address their needs”.
With the matter called up Ibrahim Rommu echoed “This is victory for our collective effort to ensure that state actors.”
By Betty Milton
Monday July 02 2018.
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