By Sallieu S, Kanu
As the trial of a police officer accused of raping a woman in a police station commences, AdvocAid has called for accountability and an end to violence against women and girls by law enforcement officials.
In late 2021, Baindu (not her real name) was arrested and detained in Pujehun police station. She is a single mother to a three-year-old boy. While detained, a female police officer was on duty during the day but when she went home only male police officers were in the station during the night shift.
Baindu alleges that she was raped on two occasions by one of these police officers. The matter was investigated by the Complaint, Discipline and Internal Investigations Department (CDIID) of the Sierra Leone Police and the Family Support Unit (FSU) and the police officer was arrested and suspended while the investigation was ongoing. The CDIID disciplinary hearing found that the police officer was guilty of five counts and various disciplinary actions were recommended, such as dismissal from the police force.
On June 27, 2022, the police officer was charged with rape and released on bail. AdvocAid received information that he was not dismissed or suspended from the police force but continued to work as a police officer in Bo. The court hearing commenced at the Pujehun High Court on 7 November 7, 2022 but the police officer did not attend court and a bench warrant was ordered. He was later arrested and remains in detention in Bo Correctional Facility.
The court hearing will commence again on February 27, 2023. AdvocAid is supporting Baindu to travel to Pujehun High Court so that she can attend the trial.
During this time, Baindu was sentenced to 15 years imprisonment for manslaughter and she is
currently detained in Freetown Female Correctional Centre. AdvocAid is concerned about this
lengthy sentence given she did not have any legal representation at trial. Baindu told AdvocAid
that her elder brother had requested her help in caring for his sick one year old child while he
travelled. Concerned for the boy, Baindu boiled water to prepare ORS for him. However, when
she gave him the medication, it accidentally entered his windpipe and caused him to cough. In a
panic, Baindu yelled for assistance. When her aunt arrived, she grabbed the boy and patted him
on the back to stabilise him. Sadly, the child passed away, and Baindu was subsequently
arrested and detained for two months before her matter was charged to court.
AdvocAid commends the Sierra Leone Police, the CDIID and the Director of Public Prosecutions
for their prompt action. This is one of the first cases where a police officer accused of sexual violence against a detainee has been charged to court, according to AdvocAid.
AdvocAid will be monitoring the trial and believes this is an important step forward in accountability for human rights violations by law enforcement officials.
“Women who are detained in police stations or prisons are largely invisible to the public. This results in abuses, such as rape, sexual assault or other human rights violations being ignored. The government and public can no longer turn a blind eye to these violations. This case is one of the first to be brought against a law enforcement officer alleged of sexually abusing a detainee. We hope it sets an important precedent and deterrent,” said Jalahan Amara Jekema, south east Programmes Officer, AdvocAid.
AdvocAid is also calling for Baindu to receive medical and mental health support following the trauma she endured as she continues to suffer from pain and depression. Given her ordeal, and the concerns raised about her case above, AdvocAid also calls on the President to pardon her.
“We are concerned about the violations of Baindu’s rights, especially her lack of legal representation at trial. We call on the President to use his prerogative of mercy and to pardon her. She is also in need of urgent medical and psyco-social support. Sadly this is not an isolated issue and we regularly encounter women in detention who have suffered violation of their rights,” said Juliet Mamawa Kaikai, AdvocAid’s Legal Manager.
Sexual violence against women in contact with the law is a systemic issue. AdvocAid has raised this previously and continues to investigate complaints made across police stations and detention facilities in Sierra Leone.
AdvocAid is calling for a thorough investigation into this issue by the government and a commitment to enact various reforms such as:
● Domestication of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders and the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa;
● Regular training for law enforcement officials;
● An increase in female police officers and systems in place to ensure that female detainees are not monitored by male police or prison officers. (On a monitoring visit, AdvocAid was informed that Pujehun police station only has five female officerscompared to around 95 male officers.);
● Strengthening of the Independent Police Complaints Commission and enactment of therecommendations in Amnesty International’s report on lack of police accountability in Sierra Leone; and
● Increase in resources to civil society groups to enable monitoring of police stations across the country, particularly in rural areas
*Name changed to protect her identity
For Further Information, please contact:
Juliet, Legal Manager, AdvocAid – +232 79 630400
Jalahan, South East Programme Officer, AdvocAid – +232 78 324323
About AdvocAid
AdvocAid supports women and girls in contact with the law through legal and economic empowerment,
strategic litigation and policy reform. In 17 years of operation, we have provided legal advice to over
15,000 women and freed 6 women on death row. We have launched the Frances Claudia Wright
scholarship to support the next generation of women lawyers.