By: Bankole Clifford Ekundayo Morgan, Human Rights Advocate
WHAT IS HUMAN RIGHTS?
Human rights may be define as a fundamental rights of an individual, protected by law and guaranteed by the state. Human rights are not given to us by any government, rather human rights are fundamental and this is so because we exist as human beings. Human rights are universal, and these universal rights are inherent to us all regardless of nationality, sex, ethnic origin, colour, religion, political affiliation, language and or any other status.
MEMBER STATES AND THEIR PRIMARY OBLIGATIONS AND DUTIES
Procedurally, when a state become a party to international treaties, that member state assume primary obligations and duties under international law, and that obligations and duties are to respect, to protect and to fulfil human rights. Essentially, the obligation to respect means that States must refrain from interfering with and or curtailing the enjoyment of human rights. Whilst, the obligation to protect requires states to prevent third parties from interfering with the enjoyment of human rights. The obligation to fulfill means state taking positive measures to enable and assist individuals, groups and or communities in enjoying their human rights.
INCORPORATING INTERNATIONAL TREATIES INTO DOMESTIC LAW
State party to an instrument must ensure that he/she translate its commitment into its own domestic laws and practices. In exercising its obligation, States are obligated by international law to respect, protect and fulfill human rights for everyone within its territory or subject to their jurisdiction, control or influence. When a state become a party to a human rights treaty, it commits to upholding the tenets of those international human rights laws.
HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE
Human Rights in the Administration of justice, may be seen as the process by which the legal system of a government is executed. In essence, it involves the legal framework, norms, and or institutions that seek to achieve fairness and efficiency in dispensing justice. It is important to note that an efficient administration of justice is aim at protecting individual’s rights, enforcement of the laws of the land equally to all despite status and to punish criminals in accordance with the law.
ADJUDICATION OF CRIMINAL CASES
Essentially, adjudication is the legal process of resolving a dispute or determining a person’s guilt or innocence. In a criminal proceedings, the term adjudication is used to describe the formal giving of a judgment and or the decision given by a Magistrate or a Judge in a court of law. For instance, during criminal proceedings, an adjudication is made after all of the applicable evidence have been tendered and been reviewed, including the legal arguments put forward by both the defense and prosecution. When those information put forward by the defense or the prosecution, are collectively weighed by the Magistrate or the Judge, either of them is now empowered to make an informed judgment on the said matter at hand. Adjudication of any criminal cases involves various steps, and equally so, basic principles should be followed in each steps. The essence of following procedural due process of the law in criminal proceedings, is to ensure that a criminal gets punishment as prescribed by law. It is wrong in law and practice for an innocent person(s) to be wrongfully charged and punished. The fundamental human rights of an accused ought to be protected by the law and guaranteed by the State, and if an accused is to be punished, let it be in accordance with the law.
STEPS IN THE ADMINISTRATION OF JUSTICE
- Arrest
- Detention
- Investigation
- Prosecution
- Trial
- Punishment
The guiding principles which must be followed consistently in each of the above steps are sometimes referred to as “right to fair trial”. In Sierra Leone, the right to fair trial is a constitutional right, meaning it is provided for by the Constitution of Sierra Leone, 1991 (section 23 (1)), which talked about “Provision to secure protection of the law, of the Constitution of Sierra Leone, 1991”. It is important to note that the responsibility to protect the right to fair trial in a criminal justice system lies with the authorities who are involved in all of the above steps, in Sierra Leone specifically we are referring to the Sierra Leone Police (SLP), the Courts and the Sierra Leone Correctional Center. These important rights “right to fair trial” can be divided into three groups: Pre-trial rights, Rights during the trial and Post-trial rights respectively.
PRE-TRIAL RIGHTS
Pre-trial generally refers to the period starting from police arrest, until the suspect is formally charged to court. It is important to note that even when one is alleged to be in conflict with the law, yet, whether in pre-trial, during trial or post-trial detention, you have the following rights which are protected by Chapter III of the Constitution of Sierra Leone, 1991: Pre-trial rights
- Right to liberty
- Right to legal Counsel
- Right to be free from arbitrary arrest or detention
- Right to be considered innocent until proven guilty
- Right to basic human dignity, food, and medical care
- Right to be treated with humanity
- Right to a prompt appearance before a judicial authority
- Right not to be forced to testify against oneself
CONCLUSION.
In accordance with the Tokyo, rule 6(1), Pre-trial detention shall be used as a means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the protection of society and the victim. Fundamentally, member states have the primary responsibility to Respect, Protect and Fulfill. Human rights in the administration of justice is complex, yet, a very important yardstick to measure a country’s human rights and justice system mechanism.
