By: BANKOLE CLIFFORD EKUNDAYO MORGAN,
LL.M in International Maritime Law
Master in Governance and Leadership
Human Rights Advocate
THE RIGHT TO FAIR HEARING
In criminal prosecutions, it is a matter of legal right for accused persons to enjoy the right to fair hearing within a reasonable time by an impartial court. In Sierra Leone, for instance, the right to fair hearing within a reasonable time, is a constitutional right accorded to accused persons. Essentially, the right to fair hearing within a reasonable time in Sierra Leone, is provided in section 23(1) of the Constitution of Sierra Leone 1991 (Act No. 6 of 1991). In answering the above question, especially within the Sierra Leone jurisdiction, I will affirm that accused persons have right to fair hearing within a reasonable time, and that right is a constitutional right accorded to accused persons. Also, as a matter of right the accused ought to be informed of the nature and facts of the accusation.
THE RIGHT TO FAIR HEARING WITHIN A REASONABLE TIME IS FUNDAMENTAL
The right to fair hearing within a reasonable time is fundamental in the protection and promotion of human rights in the administration of justice. One major indicator in measuring a country’ effective administration of justice and commitment in the protection and promotion of human rights is to observe whether accused persons are enjoying their rights to fair hearing within a reasonable time. In accessing justice, the right to a fair hearing within a reasonable time is absolute and cannot be limited. The right to fair hearing within a reasonable time requires a fair and public hearing within a reasonable time by a court of competent jurisdiction.
JUDICIAL EFFICIENCY
Judicial efficiency is of utmost important in the administration of justice. It helps to build public trust and confidence in the whole justice system. Judicial efficiency refers to the expeditious and effective functioning of the courts. It is important to note that a streamlined and efficient judicial process do not only ensures timely justice but also lessens the burdens of lengthy legal proceedings on all parties involved. Evidently, an effective and efficient judicial system plays a prominent role in the day to day running of the state, thereby meeting the needs of society and upholding the rule of law. The right to fair hearing within a reasonable time is crucial to securing a fair trial for accused persons. For the tenets of Good Governance, Rule of Law, Democracy and Human Rights to fully operates, there must be judicial efficiency.
PROCEDURAL REQUIREMENTS OF A FAIR HEARING
The procedural requirements of fair hearing might differ from one jurisdiction to another or according to the prevailing circumstances of the accused. In some jurisdiction, they have what is known as state constitutional provisions or statutes which guarantee accused persons the right to a speedy and fair trial. Fundamentally, an accused may exercise his right to a speedy and fair trial upon arrest, indictment, or other formal accusations through cooperation with the police and court officials. The definition of “speedy” and the benefits of demanding the right to a speedy trial vary from state to state. The right to a fair hearing, which applies to any criminal charge as well as to the determination of civil rights and obligations, contains a number of requirements which among others are catalogued below:
- In the administration of justice, there must be effective access to a court and court proceedings must be spelt out and be consistent.
- There must be a hearing before an independent and impartial court or tribunal established by law.
- The court hearing must be devoid of intimidation, discrimination, political interference and manipulation of justice.
- The accused must have the right to present his or her case or challenge the case against him or her. This will require access to an opponent’s submissions, evidence relied on by the other party, procedural equality and an oral hearing.
- The court must give reasons for its judgment.
- There must be equality before the law for parties connected to the matter. For instance, the defence should have the same right to examine witnesses against them as the prosecution has and both parties have the right to legal representation.
- An accused person must have the right to effective participation in their criminal trial.
- The hearing and judgment must be made public. However, hearings can be held in private where the matter is related to juvenile.
FAIR HEARING WITHIN A REASONABLE TIME
Generally, in every criminal prosecution, rules of procedure for trial proceedings must be made known and judiciously followed by the court officials. The rules of procedure for trial proceedings will set the parameters of the proceedings. It will also provide that every court sitting must be held within a reasonable time. By international standard, an accused person’s right to fair hearing within a reasonable time will usually be defined by a state statute. In some instant, the statute will specify the number of days or months the prosecution has to bring the accused to trial. In Sierra Leone, there is a constitutional provision, for fair hearing within a reasonable time, and this is provided in section 23(1) of the Constitution of Sierra Leone 1991 (Act No. 6 of 1991). This provision guarantees every accused person protection of the law in these terms:
“Whenever any person is charged with criminal offence he shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law”.
Going further, Article 14 of the International Covenant on Civil and Political Rights (ICCPR), an international human rights document to which Sierra Leone is a signatory to, provides that:
“All persons are entitled to a fair and public hearing and at trial stage to be informed promptly and in a language in which he/she understands the nature of the charge”.
In addition, Article 7(1) of the regional human rights document, otherwise known as the African Charter on Human and Peoples Rights (ACHPR), also recognizes the right to fair trial, and made the following provisions: right to appeal, right to be presumed innocent until proven guilty by a competent court or tribunal, right to defense, including the right to be defended by counsel of the accused person’ choice, right to be tried within a reasonable time by an impartial court or tribunal.
In many jurisdictions, the prosecution generally has specified days to bring an imprisoned accused to trial unless the defendant waives the right to a speedy trial. Essentially, in Sierra Leone fair hearing within a reasonable time is a constitutional right guaranteeing every accused person protection of the law.
REASONS FOR RIGHT TO A SPEEDY TRIAL
It is important to note that accused persons are held in detention as punishment but not for punishment. One of the major reasons why it is important to have regulation for trial proceedings, especially regarding the right to fair hearing within a reasonable time, is to prevent a situation where an accused person can be held under detention for a long time, only to eventually be found innocent. It is evident that if an accused person is denied bail or cannot meet the bail standard, he will remain under detention until the next adjourned date or it might be under detention throughout the trial. In the protection and promotion of human rights, an innocent accused person should not be required to spend many months under detention without being compensated. Also, the right to fair hearing within a reasonable time reduces the stress on accused persons, thereby allowing the defense to gather and present evidence while it is still fresh. It is obvious, that a witness may struggle to recall the events leading to the charges if several months or more pass before the trial.
DELAY AND IT’S IMPACT ON THE ACCUSED
Fundamentally, if no law sets a specific benchmark, a court must consider several factors in deciding whether the accused person was denied a speedy trial. In an instant, where there is delay in the trial, and the said delay is no fault of the accused person, the court should take into account the reason for the delay and its impact on the accused’s ability to present his case. In that instant, the accused person will be more likely to get a case dismissed on this basis if they promptly asserted his/her right.
THE OBSERVANCE OF AN ACCUSED PERSON’S HUMAN RIGHTS
It is important to note that, the right to fair hearing within a reasonable time is a fundamental human rights accorded to accused persons by the constitution of Sierra Leone. Officials in the criminal justice system must ensure that accused person’s right to fair hearing within a reasonable time is guaranteed. The observance of an accused person’s human rights in the administration justice is very important. Regarding the right to speedy trial, the clock usually starts running when the accused is arrested or it may start running when the accused person is formally charged, and those charges are put to him in court. On the other hand, the clock will not start running if for instance, the police are investigating someone as a suspect, but has not been arrested or formally charged. However, if the accused person is consciously perverting justice, might think that avoiding an arrest would be a good strategy to consider the clock running, then he is making a big mistake. Essentially, the court will pause the clock during any period in which the accused person is evading law enforcement personnel to carry out their work.
CONCLUSION
From the above, it is now glaring that an accused persons have right to fair hearing within a reasonable time in Sierra Leone. It is also evident from the write up, that the right to fair hearing within a reasonable time can be considered as an important constitutional rights accorded to accused persons within the jurisdiction of Sierra Leone. In essence, without according accused persons the right to fair hearing within a reasonable time, criminal defendants could be held indefinitely under a veil of unverified criminal accusations. At this juncture, for judicial efficiency, it is important for the enabling environment to be created for accused persons to enjoy the right to fair hearing within a reasonable time.
