The DICTATOR, Ernest Bai Koroma and his APC-led government under fire for abuse and misuse of power HUMAN RIGHTS COMMISSION OF SIERRA LEONE (HRCSL) Press Release NO 39 HRCSL CONCERNED ON THE CONTINUED USE OF THE CRIMINAL LIBEL PROVISIONS OF THE 1965 PUBLIC ORDER ACT (Freetown 26th October 2013) The Human Rights Commission of Sierra Leone (HRCSL) is very concerned about the use of the Criminal Libel Provisions of the 1965 Public Order Act by the Government of Sierra Leone (GoSL) to seek redress in recent cases of alleged misconduct by Journalists as indicative in the cases of the Independent Observer, Premier Media, Global Times and Salone Times Newspapers. HRCSL wishes to remind GoSL of its commitment to implement the recommendations of the Universal Periodic Review of the UN Human Rights Council which include:- “Enact the Freedom of Information bill, and repeal laws that provide criminal penalties for libel” AND the recommendations of the Truth and Reconciliation Commission of 2004 which calls on GoSL to: “Avoid criminal sanctions in the sphere of expression” HRCSL restates its position on the Criminal Libel Provisions of the 1965 Public Order Act which is contained in its State of Human Rights Reports (SOHR) of 2008, 2009, 2010, 2011, 2012 that while Freedom of Expression is guaranteed by Article 19 of the ICCPR & UDHR, Article 9 of the ACHPR and Section 25 of the 1991 Constitution of Sierra Leone, the Public Order Act of 1965 with its Criminal Libel Provisions threaten the observance of this freedom in practice hence the call for its repeal. HRCSL also notes that the accused persons in the case of the Independent Observer Newspaper vs. the State spent more than the maximum 72 hours in police detention before being charged to court. HRCSL considers this stay beyond the legal provision of 72 hours as unlawful detention and a violation of their rights. HRCSL call on the SLP to investigate this action and to compensate the accused persons in accordance with Section 17 (4) of the 1991 Constitution. Furthermore, HRCSL calls on the SLP to act at all times in line with the highest professional standards, to be independent and impartial in the execution of their duties. HRCSL calls on GoSL to support State Institutions particularly the Independent Media Commission that has been established to address issues of misconduct in the media to carry out their functions and not render them redundant. The Commission also reiterates its call for the repeal of the Criminal and Seditious Libel provision in the 1965 Public Order Act. (END) Signed: Brima A. Sheriff Commissioner -HRCSL
Posted on: Fri, 25 Oct 2013 14:09:49 +0000
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