At Gbarnga Central Prison Inmates Indicted For Rape Die

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FIND spoke of the deplorable living conditions of inmates at the Gbarnga Central Prison, something he said seriously needs urgent attention.

Mr. Juakollie also spoke of the poor prison facility, which he said was built to host only one hundred and thirty (130) inmates.

Among those behind bars at the prison are two hundred twelve detainees (212)   six (6) female detainee, two (2) Juvenile male detainees, while eight four (84) inmates are convicts, two (2) adult female and two (2) male juveniles. At the same time, the head of the human rights group, FIND has said that with the deplorable conditions detainees are being held under, the fundamental rights of inmates are being abused and violated by the Liberian government, with is breach of the Criminal procedure Law chapter 13.1.1 and Chapter 34.17, as well as the 1986 Liberia Constitution Article 11, and Articles 21 e  and…

Liberia Criminal Procedure Law Chapter 13.1 and 34.17 says.

Chapter 13.BAIL

13.1. Right to bail.

1.Capital offenses.

A person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or the presumption great that he is guilty of the offense. On the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great that he is guilty of the offense is on the Republic. After indictment for such an offense, the burden is on the defendant to shown that the proof is not evident or the presumption not great. After conviction for a capital offense, no person shall be continued at large on bail or be admitted to bail except in accordance with the provisions of paragraph 3 of this section.

Delay in cases resulting to rising number of pre-trial detentions

In a related development, FIND is also concerned with long delay in adjudicating   cases involving former and present county officials of Bong County as well as other individuals.

On June 5, 2019, the 9th Judicial Circuit Court formally indicted these defendants including and limited to: Liberia China United Investment Group (LCUIG) represented by its CEO LianAhi, George S. Mulbah former Representative of District #3 Bong County, Tokpa J. Mulbah  Former Representative of District #1 Bong County, Edward W. Karfiah Representative of District #5 Bong County, Rennie B. Jackson former Superintendent Bong County, Melvin Cole Representative of District #3 other are Thomas K. Cisco Project Specialist Ministry of Internal Affairs; Dr. John Flomo  former President Bong County Technical Collage, Kenneth Yao Awadjie Former Assistant Chief Architect, Ministry of Public Works; Marcus Berrian Project Engineer project implementation Unit Bong County all of the City of Gbarnga Bong County and Monrovia Liberia respectively. These defendants allegedly committed the following crimes; Violation of PPCC Act, Theft of property; Fraud on the internal Revenue of Liberia, Criminal Conspiracy and Criminal Facilitation.

Nearly four years since the indictment was issued the case have not been placed on the court docket. FIND says it is concerned about delay and want the defendants and Ministry of Justice and the Court to be reminded of Chapter 4 of the Criminal Procedure Law of Liberia that speaks of “Time of Limitation “ 4.2 Non Capital offense. “Except as provided in section 4.3 and section 4.4 of this chapter, prosecution for any non-capital offense shall be subject to the following periods of limitation:

Criminal Procedure Law

 

34.23. Detention of prisoner beyond termination of sentence because of mental disease or defect.

When two physicians approved by the Department of Justice find upon examination that a prisoner about to be discharged from an institution suffers from a mental disease or defect of such a nature that his release or discharge will endanger public safety or the safety of the prisoner, the warden or other administrative head of the institution shall apply to the court which committed the prisoner for an order transferring him to a mental institution outside the supervision of the Department of Justice. The judge shall grant the order if he finds, after a hearing, at which the prisoner may be represented by counsel, that release of the prisoner would in fact endanger the public safety or his own safety. The commitment to the mental institution shall be for a period of six months, and may be extended on order of the court for successive periods of six months so long as the release of the prisoner would be dangerous.

(a) A prosecution for a felony must be commenced within five years after it is committed;

(b) A prosecution for a misdemeanor must be commenced within three years after it is committed;

(c) A prosecution for any other offense, violation or infraction must be commenced within one year after it is committed unless the statute creating the offense, violation or infraction otherwise provides”

However, up to press time these perpetrators have not been brought under the jurisdiction of court because they have been shielded by some government officials from Ministry of Justice due to “clandestine maneuvering by the former solicitor General Republic of Liberia Cllr. CyrenniusCephus.”

Meanwhile, FIND is   calling government of Liberia through Ministry Justice, Judiciary through the public defense to handle the conduction inmates at the Gbarnga Central Prison and to bring perpetrators of Bong County Technical College indictment to Justice and   give them due process.

FIND is calling   on all the protection actors in Bong County and Liberia   especially the Civil Society organizations CSOs, the Independent National Commission on Human Rights (INCHR) the International Partners Office of High Commission Human Rights (OHCHR) to closely monitor and follow up the situations at the Gbarnga Central Prison and the 9th Judicial Circuit Court so that the rights of inmates and justice could dispense without fear or favor.

“We hope the Government of Liberia will take our concerns seriously,”  FIND  head Juakollie added. Source: newspublictrust.com

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