The Remand Home located at
Kingtom is intended to house juveniles in conflict with the law who are on
remand, awaiting the beginning or completion of their trials.
Once sentenced, juveniles are supposed to be
transferred to the Approved School at Kissy, where they are expected to serve
their sentences while undergoing educational and vocational trainings. However,
these two institutions have come under serious criticisms, mainly for the lack
of basic facilities for rehabilitation of juveniles which is their primary focus.
Chapter 44 of the Laws of Sierra Leone 1960 makes provision for the
establishment of the Remand Home and the Approved School so that juveniles will
not be detained together with adults and to ensure that their justice system is
suited to the particular needs of youth in conflict with the law.
At present, there are no inmates
at the Approved School, which has been temporarily closed down despite recent
renovations by the Justice Sector Development Programme {JSDP}, because it
lacks basic furniture, including mattresses, and the equipment required for
skills training. As a result, both remanded and sentenced juveniles are kept at
the Remand Home, or held at Pademba Road Maximum Prison, where they are locked
up together with their adult counterparts. This practice contravenes Chapter 44
of the laws of Sierra Leone 1960 which states that “a young person sentenced to
imprisonment shall, so far as circumstances permit, not to be allowed to
associate with adult prisoners”.{section 24[3]}
Despite the advocacy efforts of non-governmental
organizations such as Defence for Children International-Sierra Leone, the
Justice Sector Development Programme, and the Sierra Leone Court Monitoring
Programme, aimed at securing the re-opening of the Approved School and
improvements at the Remand Home, some of the problems are still in existence,
as most juveniles are now being transferred from the Pademba Road Maximum Prison
to the Remand Home. This has resulted in frequent episodes of unrest and
successful escapes from the Home as those that are brought in often incite the
others to rebel against the poor conditions under which they are detained. This
awful situation of the facility is often reflected in the lack of sufficient
food, lack of rehabilitative programmes for offenders, and lack of transportation
or sometimes insufficient fuel to convey offenders to and from court. Also, the
lack of adequate security contributes to the atmosphere of instability at the
Home, placing both guards and juveniles at risk of violence as there is only
one security officer at the Home.
The
sense of frustration felt by the juveniles kept at the Home is heightened by
lengthy delays in their trials as described in detail in a recent SLCMP
article, “Delays in Juvenile Trials and its Impact on Juvenile Justice in
Sierra Leone” by Hawa Kamara.
The Remand Home consists of five
dormitories- three for boys and two for girls.
Only two of three male dormitories are still secure enough to house
juveniles, whilst the third is insecure even though inmates are kept there because
the two dormitories are not enough to house them all.
Each dormitory is supposed to house ten
offenders.
On the day of our visit 22
April 2008, there were 26 inmates, 24 boys and 2 girls.
Workers have to improvise to make sure that
inmates do not escape. Even though efforts have been made to repair the damage
to the premises caused by the multiple escapes, inmates are now using the ceiling
by removing ceiling
tiles from the
toilets and climbing up an electrical pole located near the external wall of
the compound
to escape, which leaves the
Remand Home vulnerable to future escape attempts as well.
As a result, they are now deprived of their
freedom to come out in the open air to play games and are locked up all day
long, causing more frustration among the juveniles and defeating the
rehabilitative aims of the Remand Home.
SLCMP representatives went to
inspect the Remand Home early May and found out that only slight changes have
occurred since a prior visit in August 2007. Virtually every security light - lights
which are affixed to outside walls and corridors to make it easier for guards
to detect escaping juveniles - has been broken and wrenched off the wall by
inmates.
Most of the electrical wires
have been cut and light bulbs smashed, meaning that many rooms have no
artificial light. Escapes are facilitated by the chronic shortage of staff at
the Remand Home.
The Home is currently
run by one officer-in-charge, one duty officer, one matron and one store clerk.
There is only one unpaid volunteer who serves as a cook.
This small group of four employees and one
volunteer is expected to manage and guard the Remand Home twenty-four hours a
day, seven days a week.
In addition,
they are compelled to use their own personal funds to purchase necessary items
such as padlocks for doors and, occasionally, food for the juveniles. However,
the metal bars over many windows which have been partially or completely pulled
off, have been repaired.
The metal gates
which separate the outdoor corridors from the main courtyard of the Remand Home,
and are intended to serve as barriers to prevent juveniles from escaping have also
been repaired.
The Remand Home staff works long
hours for low wages.
The lack of
security at the Remand Home also puts its staff at great risk. Although one
police officer has been assigned to the Home, he is sometimes not on duty, and the
armed OSD personnel are only assigned there at night.
In addition, the juveniles occasionally riot
when the Remand Home runs out of sufficient food and this threatens the peace
of the workers.
It is very likely that given
the frequency of escapes, police and judicial officers dealing with juvenile
cases will be increasingly unwilling to send remanded juveniles to the Remand
Home, and will instead order them to be held at Pademba Road Prison. However
when the officer in charge of the Home on one occasion requested the presiding
Magistrate to send some inmates of the Home to
Pademba Road Prison because of inadequate
security, the Magistrate objected on the grounds of legality.
The inability to house juveniles
in the legally-mandated proper facilities is a significant setback for
Sierra Leone’s
juvenile justice system.
That the Approved
School lacks simple repairs and sufficient furnishing, suggests that the
Ministry of Social Welfare needs to become more involved in improving the
conditions of juvenile detention.
While the
school that is specifically constructed to house convicted offenders stands
unused, juveniles are crowded into the already-overwhelmed barracks at
Pademba Road. At
present, 22 convicted offenders have been sent to Pademba Road Maximum Prison,
and two to the Remand Home, to serve their sentences.
It is widely acknowledged that
conditions at
Pademba Road
are dismal—as evidenced by radio reports of prisoner deaths due to disease,
lack of sufficient food, and overcrowding.
UNIOSIL’s assessment of Sierra Leonean prisons, released in May 2007,
confirms the poor quality of prison conditions across the country.
Holding juveniles at Pademba Road, or at any
other adult detention facility, violates international principles on juvenile
justice, including the United Nations Standard Minimum Rules for the Treatment
of Prisoners, the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the “Beijing Rules”), and the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (the “JDL Rules”).
Detaining juveniles with adults is
also detrimental to the justice system itself:
At Pademba Road, juveniles will inevitably interact with adult
criminals, and are at a great risk of abuse and violence.
Instead of learning job skills or continuing
their education, as they could at the Approved School, they spend their days
hungry, ill, and surrounded by older criminal offenders—their only role models.
Upon their release, they will re-enter society traumatized and hardened, having
learned nothing that could help them find employment and become productive
members of society.
Some of these
juveniles will likely return to crime, beginning a “revolving door” cycle of
arrest, imprisonment, release, and re-arrest.
This is exactly the cycle that
institutions like the Remand Home and the Approved School are designed to
prevent, by providing the juveniles with useful activities and training that
can enable them to either return to school or find employment upon the
completion of their sentences. On the contrary, apart from the occasional
visits of NGOs at the home, no form of rehabilitation process is on going.
Inmates are always idle and could even steal from visitors. Recently, a social
worker’s phone was stolen and another’s money was taken from her bag. People
are now advised to hold on to their bags whenever they visit the home.
The Ministry of Social Welfare should
ensure that the Remand Home receives basic facilities for rehabilitation, and
that the Approved School is furnished and re-opened, as soon as possible.