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Human Rights Report Bi-Monthly Report FOUNDATION FOR HUMAN RIGHTS DEFENSE INTERNATIONAL (FOHRD) Human Rights Report Bi-Monthly Report Published June 1, 2021 FOHRD’s Department of Complaints and Investigations 1 | P a g e Table of Content TABLE PAGE Cover 1 Content 2 Introduction 3 A Message from the Executive Director 4 Executive Summary and Highlights 5 Freedom of Expression 6 Allegation of Corruption 7 - 8 Pre-Trial Detention & Denial of Fair Trial 9 - 10 Inadequate Health Services Delivery 11 Violence and Excessive Use of Force 12 Prison Monitoring 13 Recommendations 14 2 | P a g e INTRODUCTION International standard demands protection for the rights of every member of the human family, and that those in position of power take every appropriate step to protect the most vulnerable, including children and the elderly. The dispensation of justice must be done on the basis of fairness, and those accused of wrongdoings must be tried in a court of competent jurisdiction; this is the principle of good moral ethics that will advance the cause of humanity and make the world a better place. The Foundation for Human Rights Defense International (FOHRD) takes its ethical and moral responsibility to speak against the ills of society seriously and prides itself in performing said responsibility with the utmost professionalism and objectivity. The field agents who contributed to this report are dedicated patriots, who care deeply about the future of human rights and democracy in Liberia, a cause to which the Foundation for Human Rights Defense International is fully committed. This fourteen (14)-page report represents the findings of FOHRD’s Department of Complaints and Investigations (DCI) over the last two months. You may find some of the details provided in this report very fascinating as it shines a light on the untold stories of human suffering and human rights violations and abuses across various parts of Liberia. It is especially important to note that for the most part, the Ministry of Justice, through the Bureau of Prisons, was quite cooperative and did not take any aggressive steps to prevent this investigation. This is the first of many steps required to advance human rights in Liberia and help the country take its rightful place in the comity of nations. Thanks to our media team, lawyers, and programs department for the hard work and collaboration with our investigators throughout the process. Special thanks to the people we met in Bomi, Bong, Grand Gedeh, Grand Cape Mount, Grand Bassa, Gbarpolu, Margibi, Montserrado, Nimba and Sinoe Counties; these people took their time to provide eyewitness accounts of human rights related concerns across the country, please keep up the good work. 3 | P a g e A Message from the Executive Director Fellow Liberians, The Foundation for Human Rights Defense International (FOHRD), is a non- profit organization that monitors, documents, and publishes on cases of human rights and democratic governance. In areas where the government ignores the plight of its peoples and international laws, FOHRD speaks out and reminds the possessors of powers of their moral and ethical duties. At FOHRD, we use adapted international human rights conventions and protocols including the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the1990 Geneva Convention on the Rights of the Child as the guiding principles in our fight to defend human rights and hold offenders accountable. It is written in the Preamble of the Universal Declaration on Human Rights, “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.’’ FOHRD takes these words seriously and works to confront the cultures of silence and impunity; it tells the untold stories of human sufferings and advances the cause of human dignity. To join our network and play a part in making the world a better place, please feel free to reach our public relations team at [email protected]. Together we can work to advance democracy, and protect human rights in Liberia. Tee Wonokay Executive Director / FOHRD 4 | P a g e EXECUTIVE SUMMARY AND HIGHLIGHTS On Monday, March 31st, FOHRD’s Department of Complaints and Investigations was officially commissioned and instructed to investigate the following: • Freedom of Expression • Allegation of Corruption • Pretrial Detention and Lack of Fair Trial • Inadequate Health Service Delivery • Excessive Use of Force and Police Brutality • Prison Conditions & the Rights of Inmates At the beginning of its investigation, the Department handed its credentials to the relevant public officials including city mayors, superintendents, and law enforcement agents in their respective areas, notifying them of the organization’s presence and purpose, while prison officials were initially reluctant to grant access to certain prison locations, they eventually allowed access after the Ministry of Justice granted FOHRD a prior-authorization letter instructing all prison officials to cooperate with the Organization. 5 | P a g e Freedom of Expression One of the key functions of democracy and human rights is Freedom of Expressions, and the Liberian Constitution provides clear protection for Freedom of Expressions under Articles 15 (b)and (c), this means that the government is supposed to tolerate opposing views, including critical voices of the media and political oppositions. To a certain extent, the Government of President George Weah has had a hard time respecting Freedom of Expressions. For instance, in July of 2018, the Liberian Government, after several attempts to silence a radio station (Voice FM), which was quite critical of it, eventually filed a motion at the Civil Law Court seeking an order from the judge to shut down the station. Unfortunately for the Weah Administration, the presiding judge, Judge Peter W. Gbeneweleh, did not find enough reason to support the administration’s argument, and even though the judge eventually denied the motion, the government in several attempts tried to pressure the Court to support its position. The Liberian Government appealed this matter to the Supreme Court through its State Prosecutor, Cllr. Wesseh A. Wesseh, Assistant Minister for Litigation at the Ministry of Justice, many people saw this issue as a relentless effort on the part of the Weah Administration to silence a critical, dissenting voice. Additionally, the Liberian Government threatened recently (on May 21st, 2021) to revoke the operating permits of other media institutions (Sky FM and D -15 radio stations) for agreeing to broadcast Henry Costa’s interviews with Dr. Allen White, an interview in which Dr. White spoke in unflattering terms about the state of democracy in Liberia. 6 | P a g e Allegation of Corruption The Liberia Code of Conduct for all public officials requires public officials to avoid putting themselves under any financial obligations or other situations of conflict that are likely to impair the performance of their official duties. The Code of conduct also requires public officials to declare their assets for the purposes of transparency, justice, and fairness. In February 2021, Mohammed Fahnbulleh, then a staffer at the Liberia Anti-Corruption Commission (LACC), raised concerns about several cases of corruption and conflict of interest involving the then Vice Chairman of the LACC, Cllr. Kanio Bai Gbala. Mr. Fahnbulleh’s allegation included cases of double salary being received by Cllr. Gbala, including collection of daily sustenance allowance (DSA) for several trips out of town that he did not make. Mr. Fahnbulleh further alleged that Cllr. Gbala signed for and received the amount of USD500.00 (Five Hundred United States Dollars) from the LACC intended for journalists at the Ministry of Information, Cultural Affairs and Tourism (MICAT) but also kept the amount for personal use. Despite the fact that the allegations against Cllr. Gbala were of serious public interest due to his role as the Vice Chairman of Liberia’s Anti-Corruption Commission, the Liberian Government turned a blind eye and instead promoted Cllr. Gbala to the position of Chairman of the LACC. Several months after being promoted to the chairmanship of the LACC, an LACC internal investigation surprisingly submitted a report clearing Cllr. Gbala of any wrongdoing, the nature of the LACC investigation that was conducted without Cllr. Gbala recusing himself did not reflect the level of transparency and integrity promised by the Liberian Government, and up 7 | P a g e to this moment, many Liberians are very concerned about the role of the LACC in the Liberian democratic process with Cllr. Gbala at the helm, yet the government has done nothing to address this concern. These allegations and other on-going issues including the President and his administration officials’ persistent refusal to declare their assets reflect the gloomy state of Liberia’s democracy. 8 | P a g e Pretrial Detention and Lack of Fair Trial Article 21 of the Liberian Constitution demands expeditious trial and access to counsels for persons accused of wrong doings. But the reality in Liberia is a complete lack of acknowledgement for Article 21 and other clauses of the constitution. The Chief Justice of Liberia, Justice Francis S. Korkpor, admitted at the May 2021 opening of courts, that the nation’s judges and magistrates are compromised and engaged in corrupt practices, and he urged them to do better. Also in May 2021, Judge Geeplay T. Konton, Resident Circuit Judge of Sinoe County, admitted to FOHRD’s human rights investigators that justice is being impeded in Sinoe County as the result of lack of logistical support, absence of Public Defenders, and limited court staff, and that all these factors have made it incredibly difficult to deliver free, fair, and speedy trial across several jurisdictions in Liberia. On May 6, 2021, officers of the Liberian National Police arrested and detained a 19-year-old man, Joe Kolleh, in Ganta, Nimba County, according to eyewitness accounts, Mr..Kolleh was tortured inhumanely to death in police custody, up to the time of publication of this report, the Liberian government had not taken any serious steps to ensure justice for the victim.
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