By: Alusine Rehme Wilson
Regardless of the Truth and Reconciliation Commission (TRC) imperative recommendations for the abolition of the death penalty and the immediate repeal of all laws authorizing the use of capital punishment and amendment of section 16(1) of the 1991 Constitution of Sierra Leone without delay, death penalty remains a daunting challenge for the respect of human life and dignity in Sierra Leone.
Over the years, there have been robust debates in many circles on the issue of capital punishment which some refer to as ‘an eye for an eye’ whilst others refer to it as ‘the ultimate punishment for taking another person’s life’. Human right activists firmly hold the view that the law is draconian and on the other hand law enforcement authorities strongly believe that the death penalty is both a corrective measure and a deterrent.
Recurring crimes emanating from land disputes, political rivalry, aggravated jealousy of husbands and wives and many more have sent people to their early graves and if perpetrators are found guilty then the death penalty becomes the ultimate maximum punishment.
This sad actuality ignores both recommendations 55 and 56 of the TRC which state that: “section 16(1) of the Constitution of Sierra Leone, 1991 be amended to incorporate the principle that the right to life is inviolable. The new section 16(1) should enshrine the right that every human being shall be entitled to respect for his or her life and the integrity of his or her person. It should state that no persons shall be punishable by death’’.
The Commission further states that: “The recommendation is imperative and should be implemented without delay, and that a moratorium on all judiciary sanctioned executions pending the constitutional amendment. Any pending death sentence should be immediately commuted by the President”.
Mohamed Kamara, a child right advocate working at Kamaranka village like other human right defenders in Northern Sierra Leone, described the death penalty as a bad law.
He said that this law does not suit modern trend of democracy especially a fragile democracy like Sierra Leone. He pointed out that ‘evil cannot stop evil’ and he therefore called on parliamentarians to take urgent measures to amend section 16(1) of the 1991 Constitution of Sierra Leone as an adherence to the TRC recommendations.
Daughter of deceased woman who was allegedly murdered by her husband expressed grave concern over the death penalty still being in our law books. She explained that her father was to stand trial for the alleged crime and if found guilty she would stand the chance of losing both parents.
“My parents have been happily married for over 20years, today my mother is dead and my father is in police cell awaiting trial; if found guilty and the death sentence is enforced then I will be an orphan and that will be a bitter pill to swallow’’, she explained. She therefore called on human right activists to intensify campaign to remove the death penalty from the law books of Sierra Leone.
The Legal Aid Board Defense Lawyer in Makeni Ibrahim Samba agreeed that the death penalty law in the Constitution of Sierra Leone is draconic and needs to be urgently repelled. ‘’It is among some of the oldest laws that affects every citizen of the country including us as Lawyers and our work’’, he said.
He expressed that despite the magnitude of the offense, when somebody is convicted of murder the sentence is death penalty even though some human rights actors have considered the law as a harsh law but it’s still in existence. He therefore cautioned every citizen not to commit murder.
He further lauds Government’s efforts for setting up the Law Reforms Unit as partial response to the recommendation of the TRC to revies laws that are not attuned with democratic principles and Section 16(1) of its 1991 Constitution is not an exception. He further implored Government and International organizations to abolish the law as soon as possible.
Nevertheless, the death penalty when removed from the 1991 Constitution of Sierra Leone will help to bolster the country’s human rights and democratic credentials. It will also be a landmark achievement for the country and a fulfillment of the TRC recommendations that is geared towards enhancing transitional justice in Sierra Leone.
This story was produced by the Media Reform Coordinating Group-Sierra Leone (MRCGSL) with Support from the Africa Transitional Justice Legacy Fund (ATJLF).
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