IWO Needs Assessment Report on Labour Crmes at the Female Correctinal Centre

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IWO Needs Assessment Report on Labour Crmes at the Female Correctinal Centre

NEEDS ASSESSMENT REPORT ON LABOUR CRIMES AT THE FEMALE CORRECTIONAL CENTER

The labour crime needs assessment was an activity successfully undertaken at the female correctional service Jomokenyatta Road Freetown on the 12th April 2023 by Informal Workers Organization. As a regional labour and human rights non- governmental organization advocating for decent work for workers in the informal economy our research was focused on the minor labour crimes for which a very significant number of youth population are incarcerated and how this can be address to have a productive youthful population

Moreover the research did not cover all the categories of crimes and alleged crimes and offences committed at the female correctional center. Rather it focuses on certain crimes committed by workers in the informal economy during and within their work spaces in the informal economy/sector.  During the research a sample of the total inmates was targeted representing the whole. The information gathered represents the view of the inmates in the facility.

Below are the objectives of the updating exercise

  • To investigate whether there is labour crime in the female correctional center
  • To investigate the type of crimes committed for which the women are on trial or sentence
  • To investigate the number of female on trial sentence and on remand
  • To determine the number of people having legal representations
  • To know the capacity building or training facilities available to the incarcerated women for the purposes of reforms

1.      NATURE OF THE CRIME; The finding indicates that inmates at the facility were charged for the commission or having being suspected of committing different offences of both criminal and civic natures from different parts of the country  for which they have been tried and sentenced or currently on trial/ remand. From the inmates interviewed some of the crimes/offences committed/allegedly committed were manslaughter fraudulent conversion riotous conducts and disorderly behaviors’ theft battery drug trafficking conspiracy etc. Also there were instances were accused were charged jointly and severally for the offences of riotous conducts and disorderly behaviors it was well established that majority of the women incarcerated for such offences are protesters or rioters of the August 10th incident in Freetown Makeni Kamakwei and other parts of the country. Almost all of them are business women/petty traders (self-employed) in the informal economy. Though serving their sentences now all of the protesters interviewed claimed that they were not part of the protest rather in the streets trading to support their families. But it must have been suggested that they would have been charged for status offence or been directly involved in the riot or disorderly behaviours.

 

2.      HYGIENE CONDITIONS; the finding shows that the hygiene conditions of the facility and inmates were good. The premise of the facility was very clean at the time of our visit. The inmates at the center have the opportunity to sit together at a particular time in the facility to watch movies have funs and relax their minds. In the center there is a healthcare available to the inmates for the treatment of minor health issues.

3.      ACCESS TO LEGAL REPRESENTATION; there are always challenges for access to justice for marginalized and vulnerable groups like the poor and women generally. This is no exception for the women at the female correctional centre in Freetown. Section(17) subsection(2) paragraph(b) of the 1991 Constitution Act No.6 of Sierra Leone provides that any arrest and detained person have the right to be inform about access to a legal representation of his/her choice. In this regard out of the 63 sample of inmates interviewed only 30 inmates have legal representations which made up of 47.6% of the total number of inmates interviewed and 33 inmates do not have legal representation which made up of 52.4% of the total number of inmates interviewed. Also apart from hiring the services of personal lawyers been expensive and challenging for the poor and marginalized there is an also free legal service provided to the inmate’s base on the nature of the offences committed by the Sierra Leone Legal Aid Board to ensure access to justice for all quick trial of cases and decongestion of the facility/prison. Further some of the inmates who had or are having legal representations also submitted that sometimes their lawyers do not show up in court to represent them when their cases are called.

4.      CUSTODY OF THE INMATES; it is evidence that the female correctional center in Freetown is not over-populated or congested in anyway. The total number of female in incarceration at the facility is very minimal compare to the male correctional center at Pademba Road in Freetown. With that the custody of the inmates at the female correctional center varies as follow;  There are inmates in custody who have gone through their trial processes of their offences by competent courts of law and have been found guilty of the offences charged and have been sentenced for a  period specified by law. On the contrary to the custody of the inmates there is also another category of inmates in custody who since their incarceration are on trial or remand waiting proceedings to be completed and verdicts passed. With that analysis the total number of inmates interviewed who are serving their sentences is 47 which amount 74.6% of the total number of inmates interviewed. Also a total number of inmates interviewed who are on remand/trial is 16 which amount 25.4% amount the total number of inmates interviewed.

 

5.      REFORM ACTIVITIES; at the female correctional center at Jomokenyatta Road in Freetown there are certain reform activities/skill training programs for the inmates who while in detention will be able to learn a particular skill/trade/professions that will help them acquire knowledge to earn their living when they are release from custody or can even make money while still in custody by producing and selling different items. This will also serve as a means of job creation opportunity for them. At the canter some of reform activities available to the inmates are bead making bag making which is not sufficient for the inmates to keep them engaged and to enhance their capacity whilst in custody.

 

6.      AGE BRACKETS; All the inmates interviewed were young and older adults. From the age distribution of the inmates interviewed it very clear that majority of inmates in the correctional centers across the country are young people mostly between the ages of 19 years to 35 years.

7.      LEGAL PRACTITIONERS/LAWYERS SOME TIMES NOT SHOWING UP IN COURTS TO REPRESENT THEIR CLIENTS: during the research/assessment at the facility it was also discovered that inmates who have the opportunity to hire the services of legal practitioners to represent them in court have been let down or abandon by their lawyers. In many instances during our interviews with the inmates they complain that most times their lawyers do not show-up in courts to represent them when their cases are called up by the magistrates or the judges. As a result of their absent the cases of their clients are not determined rather adjourned to another time. This over years has caused many inmates/clients to spend more time in detention or remand.

The Informal Workers Organization (IWO) as a regional Labour and human right non- governmental organization that seeks to promote the rights dignity and welfare of informal workers in West Africa through public education advocacy lobbying research case management and litigation. IWO is calling on the government Non- governmental organizations religious council civil society organizations and community actors to advocate and raise awareness of informal workers incarcerated;

1.      Information on inmates on sentenced on their jail terms especially on the August 10th rioters who need to be properly informed/educated on their prison or sentence term. During the interview with the inmates at the female correctional center it was revealed that 70% of the August 10th rioters sentenced are not well informed or do not know their sentence duration. All of them are aware that they have been tried and sentenced for certain period but do not known the exact time or duration of their prison terms. In this regard we recommending for them to be properly informed/educated on their prison or sentence term.

 

2.      Speedily prosecution of cases to de-congest the facility and to enhance timely investigation of cases. To ensure fair trial and access to justice for all we are also recommending for quick and timely trial of cases to de-congest the facility and to ensure timely investigation and trial of all the cases charged for timely sentences discharges and acquittal of cases as justice delayed is justice denied. Speedily trail or investigation of cases should be a priority as it is one of the foundations of the operation of the rule of law in any democratic society.

 

3.     Expansion of reform activities at the female correctional center. We are recommending for advance and marketable programs to be introduce at the facility.

 

4.      Penalties and checks to be instituted against legal practitioners who subsequently fail to represent their clients in court. To ensure speedily trail of cases and access to justice for all as an organization we are also recommending for legal practitioners/lawyers who subsequently fail to represent their clients in court to be liable for the payment of damages to the clients. Also apart from payment of damages to their clients the General Council for Legal Education through the judiciary should also institute other administrative actions against such legal practitioners.