Rashid Dumbuya, the Executive Director of LEGAL LINK and former Commissioner for Human Rights in Sierra Leone, has concerns about the 15-person Special Investigative Committee that will look into the 10 August protests.

Legal Link starts by identifying, “Save for a few, almost all of the members of the Special Investigations Committee are presently holders of public offices in the state and receiving salaries at the behest of the government.”

For example, the Chair of the Committee, Emmanuel Saffa Abdulai is presently the Chair of the Independent Procurement Review Panel and a full-time lecturer at the University of Sierra Leone. Also, Edina Swallow, President of the Bar Association is Director of Legal, Petroleum Unit and a Member of the Judicial and Legal Service Commission. Fatmata Claira Carlton-Hanciles is the Executive Director of Legal Aid Board. Abdulai Caulker is National Security Coordinator at Office of National Security. Abdulai Bangura is the Chair Political Parties Registration Commission. Victor Massaquoi is the Chair of the Independent Media Commission while Sheka Mansaray is the Chair of the Peace Commission.

The security sector representatives have no business on the committee since it has been alleged to have perpetrated some of the problems that occurred against civilians on August 10. “We note that the security forces who have been allegedly indicted as perpetrators of the killings of about 25 civilians are represented in the investigations committee while the other side is not represented.”

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The scope of the mandate of the Special Investigations Committee is limiting. It should have been broadened to also cover the events of August 8 and 9.

An accurate assessment of the facts of the protests that began from the 8 August and spanned right on to the 10 August where it became violent, fatal and destructive. To focus therefore the investigations only on the events of 10th August may not only be misleading but limiting in scope.
No representation of the youths or that of the Human Rights Commission of Sierra Leone. The bulk of the majority of the population that took part in the violent protests on August 10 were youths. It would be unfair and prejudicial to their case if an investigation were to be carried out in which the security forces were represented but not the youth.
When it comes to investigations pertaining to violations of human rights and fundamental freedoms, the apt institution to rely on for guidance is the Human Rights Commission of Sierra Leone. This is the case because they have a comprehensive understanding of the legal frameworks and human rights obligations that Sierra Leone has under international, regional and domestic law.

The setting up of a Public or Commission of Inquiry would have best served the purpose rather than a Special Investigations Committee.
For a detailed and comprehensive understanding of the causes and effects of any violent protests to be made handy, precedents and international best practice indicate that adopting either a Public Inquiry or a Commission of Inquiry can best serve the purpose.

A Public or Commission of Inquiries are usually bestowed with powers to compel the attendance of witnesses to testify before it by way of subpoena. Their sittings are also done in the open and outcomes can be appealed against in the Superior Courts of Judicature.

No time limit is given to the Special Investigations Committee regarding the submission of report.
“We note also in the public notice that no time line is given to the Special Investigations Committee to conclude with their investigations and submit their report. International best practice demands that such investigations are always given time lines so that they could not be prolonged unduly or used as a tool to suppress dissenting views and opinions within the state.”

The composition of the Special Investigations Committee is too large and over-bloated with public officials. The SIC is comprised of 15 members. This number is too large in terms of managing perceptions and inputs.

The setting up of the Special Investigations Committee is coming late in the day especially when almost all top government officials including the president have casted aspersions on the opposition for the violent protests and deaths that occurred on August 10.

A good number of video recordings and written evidence exist in which top government officials including the President, Foreign Affairs Minister, Information Minister etc., have all blamed the opposition for the carnage that took place on August 10. Some have even categorized it as acts of terrorism fueled and sponsored by the main opposition party in the country.

Recommendations

The makeup of such investigative body must be proper, just, fair, ethical and equitable in the given circumstances so that its work, processes and outcomes will be accepted by all.

1) A Public Inquiry be established in place of the Special Investigations Committee.

2) That clear cut terms of reference be set out for the Public Inquiry panel regarding its mandate, functions, scope and timeline.

3) That we recommend for an eight-member panel instead of fifteen.

4) That the president appoints a private legal practitioner of 20 years standing and who is not in the employ of the government as Chair of the Public Inquiry hearings.

5) That the other seven members shall be selected from key interest groups to form part of the Public Inquiry Panel. One representative from the Sierra Leone Bar Association, One from the Sierra Leone Association of Journalists, One from youth groups, one from women’s group, one from Civil society, one from the Human Rights Commission and one from the Independent Police Complaint Board.

6) That the public inquiry hearings be held in the open in the interest of transparency and accountability.

7) That the scope of the Public Inquiry be extended to also look into events of August 8 and 9 and not just the violent protests that ensued on the 10th of August 2022.

8) That powers to subpoena witnesses and or interested parties be given to the Public Inquiry panel and where such powers are disregarded, such acts shall amount to contempt and be punishable by law.

8) That it is made clear in the Terms of Reference that the findings of the Public Inquiry panel can be appealed against by aggrieved parties in the Court of Appeal.

9) That persons affected by conflict of interest be made to recuse themselves from the panel sittings.
10) That the Public Inquiry hearings lasts for three-months so that any appealable issues can be dealt with before the 2023 elections.