Sierra Leonean Human Rights activist based in the United Kingdom, Mohamed Salieu Kamara has called on the Government of Sierra Leone to free popular rapper, Boss LA and politician, Mohamed Kamarainba Mansaray.
He writes to the international community stating that: “Free Alhaji Amadu Bah popularly known as boss LAJ, and politician Mohamed Kamarainba Mansaray, the former presidential aspirant for the ADP party and others NOW!
The full letter is stated below:
“Dear Hon Sir and Madam,
I write to inform you about the arbitrary arrest and detention of LAJ, and others including Mohamed Kamarainba Mansaray the flagbearer for the ADP political party in 2018. I am sending special recognition to all those who protested outside the Sierra Leone Embassy in Washington, USA, and to those who protested in the UK outside the Foreign & Commonwealth Office and at the Prime Minister Office No 10 Downing Street to save our democracy. Many thanks for the wonderful demonstrations to us all.
Let me start by describing the international laws that Sierra Leone signed in the international treaties laws agreement with the Universal Declaration of Human Rights Laws. The Universal Declaration of Human Rights states in Article 9, “No one shall be subjected to arbitrary arrest, detention or exile.” Article 9 of the ICCPR specifies, “No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. According to the United Nations Working Group on Arbitrary Detention, “deprivation of liberty is arbitrary when it is clearly impossible to invoke any legal basis justifying the deprivation of liberty.”
In order for an arrest not to be arbitrary, it is not enough to follow the procedures of the law, such as issuing formal but unsubstantiated charges: as the UN Human Rights Committee explained “arbitrariness” is not to be equated with “against the law,” but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law.” The UN Working Group has pointed out that the practice of arresting persons without a warrant, not informing them of the reasons for their arrest, and not filing charges against them within a reasonable period of time also renders their detention arbitrary, in contravention of articles 8, 9, 10, and 11 of the UDHR and articles 9 and 14 of the ICCPR.
WHY GUILTY UNTIL PROVEN INNOCENT? The presumption of innocence is enshrined in various international instruments. For example, Article 11(1) of the Universal Declaration of Human Rights says: “Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to the law in a public trial at which he or she has had all the guarantees necessary for his or her defence.” This fundamental standard in all cases of detention means that the burden of proof lies on the prosecuting body and the benefit of the doubt on the accused. Being presumed innocent until proven guilty imposes on authorities the duty to treat defendants as such and not prejudge the outcome of the criminal proceedings.
However, in the Republic of Sierra Leone, rates of pre-trial detention are exorbitantly high and are one of the reasons why prisons across the country are overcrowded. Additionally, law enforcement practices sometimes reveal a perverse understanding of the purpose of detention. These factors, among many others, pave the way for a twisted understanding of human rights in criminal justice proceedings sparking the thought that in Sierra Leone, you are guilty until proven innocent. The Sierra Leone government should launch an independent review of the brutal police response to protests that take place peacefully of young men and women who were murdered by the police officers across the country including the Pademba Road Correctional Centre Prison massacre and the Makeni massacre of unharmed protesters. The Sierra Leone government should launch a review of police brutality NOW!
The Sierra Leone Police forces must refer allegations of serious corruption to us. We then assess whether it is appropriate for us to carry out an investigation into the recent arrest of LAJ and Kamarainba. We demand the release of LAJ, Mohamed Kamaraba Mansaray, and others. There is now a clearer requirement in law that the police force in Sierra Leone must refer to us allegations that someone has abused their position for a sexual purpose, or to pursue an inappropriate emotional relationship. Corruption and abuse of power are the order of the day in the Sierra Leone Police Force. Sacked Inspector General of Police (IGP) Ambrose M Sovulla aka (Fake Degree), we are putting it to you directly that, misconduct in public office is an offence at common law triable only on indictment. It carries a maximum sentence of life imprisonment.
It is an offence confined to those who are public office holders and is committed when the office holder acts (or fails to act) in a way that constitutes a breach of the duties of that office. The offence officer has committed a crime. A public officer acting as such; wilfully neglects to perform his duty and/or wilfully misconducts himself; to such a degree as to amount to an abuse of the public’s trust in the office holder; without reasonable excuse or justification. Free boss LAJ and others, including Mr Kamarainba Mansaray!”
Yours sincerely,
Mohamed Salieu Kamara
Human Rights Activist Campaigner UK
CC;
1. United Nations Development Programme UNDP S/L Office of the Resident Coordinator
2. Minister for Africa Foreign Commonwealth Office
3. The African Development Bank Group in Sierra Leone
4. The International Monetary Fund (IMF) in Sierra Leone
5. The International Organization for Migration (IOM) in Sierra Leone
6. United Nations Industrial Development Organization (UNIDO) in Sierra Leone
7. The House of Commons UK
8. The African Union (AU)
9. Gregory Meeks, the Head of the US Congressional Delegation
10. Delegation of the European Union to Sierra Leone
11. British High Commissioner to Sierra Leone Ms Lisa Chesney
12. United States Ambassador to SierraLeone David Reimer
13. Ambassador Horst Gruner Embassy of Germany in Freetown, Sierra Leone
14. Ambassador of Ireland to the Republic of Sierra Leone Claire Buckley,
15. Members of the Economic Community of West African States (ECOWAS)
16. The Main Opposition Leader Member of Parliament Hon Chernor Maju Bah
17. The Sierra Leone Police IG Ambrose M Sovula aka Fake Degree
18. Charles Michel President of the European Council
19 Millennium Challenge Corporation (MCC)
20. Mohamed Kenewui Konneh Electoral Commissioner of Sierra Leone
21. Amnesty International in Sierra Leone
22. The Judiciary of Sierra Leone
23. The President Of The Republic Of Sierra Leone Julius Maada Bio
24. The Sierra Leone Parliament
25. National Election Watch (NEW)
26. Office of National Security (ONS)