Up-close and personal with Simitie Lavaly of the Human Rights Commission

Society

Commissioner Simitie Lavaly is a graduate in Law and Economics from the School of Oriental and African Studies (SOAS), University of London and called to the Sierra Leone Bar in 2008. She is a staunch campaigner for the abolition of the death penalty and while at Advocaid represented several men and women on death row in appeals cases and won.

Describe the socio-economic situation of people on death row.

The fact that all the ones we have come across are illiterate speaks volumes about their socio-economic status. That is one factor they all share. They come from the rural areas. They are poor and once these problem arises they cannot afford a lawyer.

Do they have a history of physical mental or psychological abuse?

In terms of abuse, some may have physical abuse. One lady who has been there for like seven years, it was physical abuse that had led her to stab her boyfriend in self-defense. Two or three of them have had that scenario. All the rest, the abuse was that they are in a relationship where they were not cared for. They were in a domestic violence situation which caused them to react in a way that has led to death. And because all of the violence has been within the family, they are suffering the violence and acting violent, it means when they have a problem, no one will come to their support.

Is this peculiar to people in the rural areas?

Murders happen in Freetown but they are able to either escape or because the family members can rally round and the accused can end up with manslaughter charges.

But these women who you see on death row, do not have the family support to have gone through the system in a way to be able to put their case forward. People will stigmatize their children saying that they have killed somebody. So you are bad, and the cycle continues. And their children may or may not end up becoming in conflict with the law. All those who have been on death row have been from the provinces.

What is the metal state of inmates on death row?

Stress will make you mad especially in a confined space. You only value freedom when you are locked up. In prison though you are all incarcerated everybody is mindful of why they are there. Any misbehaviour, you will have somebody who will throw that offence in your face.

Is it difficult to prove guilty in murder offences?

So if you say this person has killed, you must have direct link because the law gives you justification or excuses. So if somebody is trying to kill you, and you killed him they will say either you did it as a result of provocation or in self-defense. We asked whether she was represented properly.

Why is it hard to make a defense in murder trials?

When you cannot afford a lawyer for yourself and relies on state lawyers it can be difficult. Most times they are unable to conference with their clients, call witnesses. That is usually the disadvantage. You may have a credible thing to back up what you are saying, but it must be backed by a witness. Sometimes, it has taken a long time to call credible witness.

Is the temporary ban on the death penalty a comfort to anti-death penalty activists?

Now there is a moratorium on the death penalty. It was done to assuage the anger of the victims. It was to prevent innocent people being killed. Are you sure they really did it for which you are going to sentence them to death.

What is the history of the death penalty in Sierra Leone?

The history of the death penalty in Sierra Leone has been used as a political tool or those who have not been able to get the legal representation. It was the National Provisional Ruling Council (NPRC) Junta in 1992 that made armed robbery a capital offence. But before that, it was only life imprisonment. Looking back, you will see the flaws and that is why most of the appeals of the death penalty have succeeded.

Is it unsafe to execute the death penalty in this day and age?

So, because it is unsafe, you have to be so sure before you start killing people. The death penalty, really in this day and age should not be used. in 2012, the issue of the 1998 coup plotters came up during the election campaign.

Give one major problem of the legal system bordering the death penalty.

Our jury system also compounds the problem. Most of them are illiterate and cannot fully understand the evidence led in court by lawyers. Since It is a political tool. There is no way in this day and age that you will kill people and there would not be a backlash.

What will happen if Sierra Leone enforces the capital punishment?

EU, UK, Canada and all other donor partners are against it with the exception of US and China. They will withdraw their aid and the country will suffer back lash. Most of our donor partners are anti-death penalty.

Does the death penalty have a future in our legal system?

Absolutely not. With the state of evidence gathering, the demographics of those who end up on death row, it is safe to say the death penalty has no future in our legal system. But politicians are skeptical to abolish it because any time they attempt to do so, a violent crime will occur which will halt it.

What are the recent highlights of your career?

In 2016, I was the recipient of the Human Rights and Social Justice Award by the Illuminescence National Women’s Award (INWA), and in 2017, I was the winner of Legal Practitioner of the Year Award of the Sierra Leone National Achievement Award hosted by AWOL. I was consulted in 2019 for the review of the Sexual Offences Act 2012.

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