IWO Needs Assessment Report on Lbour Crimes at the Male Correctional Centre- Freetown
The labour crime needs assessment was an activity successfully undertaken at the male correctional center Pademba Road Freetown on the 3rd May 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 male 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 exercise a total number of 40 questionnaires were administered to the inmate of different ages and the crimes incarcerated for. Some of the categories of inmates interviewed in the informal economy/sector were commercial bike riders keke riders private security guards house helps care takers of other property mechanics carpenter fitters etc. 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 crimes at the male correctional center
To investigate the type of crimes committed for which the inmates are on trial or sentence
To investigate the number of inmates on trial sentence and on remand
To determine the number of inmates having legal representations at the correctional center
To know the reform activities or training facilities available to the incarcerated inmates for the purposes of reforms
FINDINGS OF THE ASSESSMENT
1. NATURE OF CRIMES; it was established that the inmate at the center were charged for the commission or having being suspected of committing different criminal offences and civic wrongs for which they have been tried and sentence or in remand for trial. Example of informal workers targeted for this research were carpenters traders private security guards commercial bike riders fitters/mechanics etc. and their offences ranges from fraudulent conversion traffic offences debts etc.
2. HYGIENE CONDITIONS; the findings indicates that hygiene conditions at the Pademba Road male correctional center is environmentally friendly. In the center there is health facility/clinic in full operations for the provision of primary healthcare service and first aid to the inmates at the correctional services and constant power supply from EDSA and Standby generator.
3. ACCESS TO LEGAL REPRESENTATION; The finding reveals that access to justice for the inmates out of the 40 questionnaires administered 12 inmates which made up of 30% have access to legal representation provided by private legal practitioners or legal practitioners hired by the Legal Aid Board. Also the larger number of the total interviewed which is 28 inmates made up of 70% responded that they don’t have access to legal representation. For legal representation it was established that majority of the inmates at the facility do not have access to legal representation during the trial or hearing of their cases and some of the few that have legal representation complained that their lawyers sometimes do not appear in court to represent them whenever their cases are called-up. This issues of lack or absent of legal representation is one of the causes of overcrowding or congestion in the facility and long time in remand for a reasonable number of the inmates. It was also established that some inmates have spent more than two years in remand with no indictment.
4. CUSTODY OF THE INMATES; the custody of the inmates at the Pademba Road male correctional center is arranged on different types. There are inmates in custody who have gone through the trial processes of the cases by competent courts of law and found guilty of the offences charged and have been sentenced for numbers of period specified by law. A total number of inmates interviewed on sentenced is 13 which is 32.5% and the other categories of the inmates in custody at the facility are those currently standing trials whose cases have not yet be completed. They are said to be on remand or trial. A total number of inmates interviewed on remand/trial were 27 which made up of 67.5%. As sated above some inmates who are in remand is as a result of no indictment prepared against them. There are others who have been fined a certain amount of money to be paid for their release but cannot afford to pay.
5. REFORM ACTIVITIES; at the Pademba Road male correctional center there are certain reform activities for the inmates who while in detention will be able to learn a trade or professions that will help them earn their living when they are release from custody. It will serve as job creation means and self-empowerment drives especially for the unskilled youths who are currently behind bars. It was also established that the reform activities are only provided to inmates who are serving their sentences. Inmates that are on trial are excluded from such facilities. From the total number of inmates interviewed 32 inmates who made of 80% are currently on reform activities such as computer training carpentry mason etc. while 8 inmates which made up of 20% are excluded from the reform facilities at the center. Also to have well advanced and effective reform programs or activities for the inmates the reconstruction of the burnt training centres is very necessary and timely to help reform and capacitate the inmates before their release from custody. Such training or reform activities will enable them to quickly reintegrate back into societies after serving their sentences.
v 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.
v 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. 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 rights non- governmental organization that seeks to promote the rights dignity and welfare of informal workers in West Africa through advocacy lobbying research mediation case management and litigation and is thereby calling on the government Non- governmental organizations religious council civil society organizations and community actors to support advocate and raise awareness of the informal workers incarcerated;
The concerns relating the commercial bike riders and keke riders been sentenced or on trial/remand without conspiring with the thieves should be released and agreements been made with the owners for payment of the machine within a reasonable time.
Reconstruction of the burnt administrative building at the Pademba Road Correctional Centre.
Speedily prosecution cases to de congest the facility. due to over congestion of the prison/facility with a reasonable number of the inmates been charged for civic wrongs/minor offenses and also certain inmates having spent years in custody/on trial it is but very necessary for the government and other legal service providing organizations to ensure speedily trial of cases for de-congestion of the prison/facility and to ensure timely sentences discharges and acquittal of cases as justice delayed is justice denied.
Government and partners to establish and strengthen capacity building institutions and programs for male youths across the country.
Government to establish counseling and intensify regulations on the use and sale of abusive substance/ drugs.
Reforms activities to be extended to inmates on remand or trial.
Penalties and checks to be instituted against legal practitioners who subsequently fail to represent their client 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.
Inmates to do community services while on remand trial or sentenced.
Paralegals and community leaders to mediate on minor cases.