By Alimamy Koroma, Summer Extern, Timap for Justice/ AdvocAid
In the course of our daily lives
there are certain things we see that remain etched in our minds for a very long
time or sometimes even forever. During my four weeks internship with Timap for
Justice/ AdvocAid in Kenema, I saw many things and for a few of them I suppose they would
forever be locked in my memory. One such moment obviously is the inexpressible
look of pain and agony on the faces of the family of a young driver hacked to
death in the early hours of September at Blama Junction whilst on his way to
work. He was hacked several times with knives and machetes and his corpse
abandoned in a dustbin. His attackers had wrongly believed he was a thief and
there was evidence suggesting that the man was on his way to work when he met
his gruesome demise. At the time of his death,
the deceased wife was heavily pregnant and there were rumors that his killers
knew his identity but were taking revenge following a feud years back that had
to do with a love rivalry involving one of the accused. On the first appearance
of the seven accused persons, before magistrate Mohamed Stevens, hundreds of drivers
flooded the courtroom apparently to show solidarity with their fallen comrade but
also as one of them put it to me “to ensure that these politically connected
suspects are not left off the hook for their heinous crime”.
Financial Scams
I also cannot forget the day when
hundreds of furious people had gathered at the Kenema Police station to inflict
mob justice on five employees of a sham financial institution dubiously called
LIFT OUT OF POVERTY. It purported to ameliorate the suffering of the people
through granting of loans but on the condition that potential beneficiaries first
demonstrate their ability to repay the loan by making a certain contribution
for a period of time after which it would be returned to them plus their loans.
The idea was the brainchild of two Nigerian 419ers who were clever enough not
to surface relying on their Sierra Leonean employees to do the marketing and
administration of their dubious scheme. In the first month, the supposed
humanitarian financial institution kept its promise and repaid everybody what
they had contributed, informing them that they were now qualified to apply for
loans after demonstrating that they have a stable source of income. As you
would have guessed more people fell for the scam, buying a registration form
for le 30,000 and making daily contributions for the whole of August. A date
was set for the formal launching of the institution and the payment of the
first set of loans. Invitations were dished out almost to everybody and
institution that mattered in Kenema; a huge hall was rented and bands were even
hired.
To cut a long story short, the big day came and neither the Nigerians
and more importantly nor the money were to be found. The previous day the
Nigerian fraudsters had convinced their Sierra Leonean counterparts to withdraw
all the monies from the bank and after a simple exchanges of box, they had
escaped with over five hundred million Leones. Their Sierra Leonean business partners only found
out what had happened when after waiting for a long time without seeing the
Nigerians decided to open the two boxes and to their utter dismay found only
papers and inscribed on them were the words “Sierra Leoneans say no to
Exploitation”. The Nigerian con men certainly had a dry sense of humor!
Hundreds of people had hence gathered at the police to inflict mob justice on
the detained employees. But the police would not let anyone touch them. The few
who were lucky not to have fallen for the scam labeled victims as stupid and
greedy. They asked “how could anyone not have seen the handwriting on the wall?
I think they certainly have a point to their argument, especially when one
considers the fact that this is not the first or second time a similar thing
has happened in less than three years. But again, I have always argued that
ultimately part of the blame goes to the government for its failure to protect
the unsuspecting masses from the hands of 419ers. The Financial Institution Act
of 2011 made numerous provisions for the granting of license to financial
institutions operating in Sierra Leone. But like most other acts, they were
ignored. No license was issued to LIFT OUT OF POVERTY and nobody cared to ask
and as always the poor had paid dearly. The detained employees who apparently
had a good relationship with the police were never locked in cell; they were put in open detention and after a few days
released without any charge. No explanations were given and I am still unsure
whether it was the right or wrong decision.
Loitering Offences
Another permanent memory from
Kenema would definitely be the sight of 15 youths hugging each other in the
dock after the magistrate had discharged them of the offence of loitering. More
than twenty of them had been arrested on the 13th of September 2012
between 9 am to 12 PM around “How for do park”. Those who paid bribes were
immediately released and those who could not had spent nearly a week in prison on
remand before their cases were finally heard. Right at the police station, I
did everything to plead with the officers for their release at least on bail
citing numerous legislations, but the officers would have none of it and they
were subsequently charged. On the day of their trial, I managed to offer them a
brief legal advice as they were all unrepresented. In particular, I encouraged
them not to be frightened by the courts and also to ensure they tell their own
side of the stories and cross examine the police witness. They followed my
advice and it worked with the magistrate who ruled that under section 13
subsection 1 paragraph e of the Criminal Procedures Act 1965 someone can only
be arrested for loitering between the hours of 6pm and 6 am. My clients were
freed and no amount of words can express the delight on their faces. I felt
like a champion.
Assisting a 16 Year Old Girl in Detention
And finally I can never forget
FFK, the 16 year old girl I found in Kenema police cell almost dying form
diarrhea or (it could have even be cholera). At the time she was the only girl
in the tight and filthy cell caged with over 10 men and a 15 year old boy.
Before you start asking questions, Kenema does not have a separate cell for
women and children. On investigation, I learned that the cells originally meant
for women and children got destroyed and now everyone is just caged together.
The best they can do for women and children is to put them in open detention in
extreme cases but as one officer told me after a pregnant suspect in open detention once escaped, they
now hardly grant such concessions.
Part of my job was to check the
detention list for the day with the lock up officer every morning to ascertain
how many of my clients have been charged to court on that day, how many were
released during my absence and crucially how many new suspects were brought in.
I sat alongside three police officers to cross check the detention list amidst shouts
from suspects, locked up few yards from me. This was usual and they would be
calling to complain, or to see whether we have been able to contact their
sureties or plead with their IO (Investigating officer) to consider bail or
release them all together. From the corner of my eye, I thought I saw something
strange, something dying. She was being dwarfed by the male suspects who were
shouting for my attention. I stood before the cell bars and pleaded that they
allowed the girl from the rear come in front. After a slight hesitation, they
complied. I greeted her and introduced myself. She seemed very shy and
reluctant to speak but I encouraged her and convinced her that I was there to
help her. Then she opened up and began to tell me her story. “I am accused of
stealing a wedding ring by my former employer” she said” I have been working for
them as a maid for over a year and a half without pay. So I had decided to quit
the job. On that particular day after work I had returned home but found out
that everywhere was locked and the family was away. I had taken bath at my
employer’s place before returning home and so my clothes were wet and I was
feeling sick . Because I couldn’t access the house I decided to return to my
employer’s house again and I put on the only clothes I could lay hands on which
were those of the daughter of my employer with whom I am about of the same age.
When her mum saw me with the clothes she was horrified. She ordered me to take
it off to which I promptly complied. And shortly after she raised alarm that
her wedding ring had gone missing and within minutes I was locked up”.
When I met FKK(pseudonym used to protect her identity) she had already been in police for four days
without charge, despite chapter three of our sacred constitution making it
explicit that save for serious offences an accused cannot be detained for more than 72 hours without
charge. She had also not eaten throughout her detention due to serious diarrhea
and she looked badly in need of medical help. At 16, it was also contrary to
the CHILD RIGHTS ACTS OF 2007 to detain her together with adults. After
studying the detention file, I quickly traced the Investigating officer in
charge of her case. I advocated for her immediate release at least on bail on
the ground that she had exceeded the legal limit on detention and that her
health was deteriorating rapidly. And thankfully the police agreed on the
condition that she had credible sureties. We later contacted her parents and
after agreeing to comply to the bail condition, FKK was released. We advised
her relatives to rush her to the hospital immediately and I thought they would
do exactly that.
But almost an hour later, as I
walked along a street not far from the police, on my way for lunch, I saw a
crowd gathered at the gate of commercial bank. The curiosity side of me
prevailed and I decided to have a look. My natural guess was that it was an
“okada accident” or maybe a voodoo priest, two common sights in this part of
Sierra Leone. To my greatest horror, standing in the middle of the crowd was FKK
being scolded by her relatives to produce the ring which they alleged she had
given to her boyfriend. I tried to intervene but the crowd could not listen to
my pleas for passage. Drained by malaria myself I decided to let go and may be
trace her house later. Unfortunately I later realized from my records that her
address didn’t have any number. Like other places in Kenema it is just an area.
We could not trace any of her relatives either.
I was very disappointed that I
could not follow up on her, always worrying about what could have happened-Whether
the ring was found or God forbid she had died from her bout with
diarrhea/cholera. I kept checking with the police to see whether she had been
rearrested or what. No answers. I wanted to know whether her sureties kept
coming but nothing. I thought poor girl.
And even as I boarded a bus
heading back for Freetown on completion of my internship, I realized that I was
looking at every young girl eagerly hoping it could be her. But I never saw her
again. All what remains of her to me was a mental picture of a suffering young
girl persecuted by her employer, police and sorry to add her family. Now this
is an image that stays with anyone forever.
