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Sierra Leone_Africa Military Legal Conference 2010

Sierra Leone_Africa Military Legal Conference 2010

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Published by: U.s. Africa Command on Jun 03, 2010
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06/03/2010

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SIERRA LEONE

PRESENTER: COL IM KOROMA LEGAL ADVISOR REPUBLIC OF SIERRA LEONE ARMED FORCES (RSLAF)

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

COUNTRY BACKGROUND
Size: About 28,000 Sq Km. Population: about 5 million Climate: Tropical –wet and dry seasons Former British Colony Independence: 1961 Republic 1971 Government: Democracy

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

MILITARY SERVICE
• • • • • OVER 20 YRS SERVICE 10 years Experience as a qualified legal counsel Served as Juror (1992 -93 court Martial trials). 1998-2000 (in service trg by IMATT) 2002 – Basic & advanced trg on IHL (San Remo, Italy) – 2004 DIILS Trg (USA) on PSO trg & the Rule of Law; ILOMO – Attended several legal trg, workshops, and seminars
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

RESPONSIBILITIES
• Advice the chain of command at MOD and the rest of RSLAFon - policy, legislative review, MOUs, SOFAs, - contracts law, Land Law, Discipline and Criminal Law, ROEs, operational law, Human Rights • Provides and co-ordinate trg

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

MAP OF SIERRA LEONE

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

History
•1991-2000 – Rebel war in which the Republic of Guinea and the Republic of Nigeria contributed immensely to end •2000-UK Forces took out the remnants of the rebels called West Side boys •PEACE OVERTURES – both the Abidjan and Lome Peace Accords brought peace to Sierra Leone under the hospices of ECOWAS and with the support of the UN and other development partners • Peace process provided for DDR , restructuring of the armed forces, and post conflict development . • The restructuring is exemplified in the re-introduction of the RSLAF Court Martial System funded by IMATT

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

MILITARY LEGAL OVERVIEW

• • • • • • • • • • • •

Court Martial: This is provided for in the Republic of Sierra Leone Armed Forces Act 1961, as amended, but never instituted till 1971 when soldiers attempted to overthrow the Govt. Military Legal Overview RSLAF mil Justice system complements the civilian \justice system. Sources of Law: a) the 1991 Constitution - Sect 165. b) RSLAF act 1961, as amended c) The Court Martial Rules of Procedure 2003 d) The Summary Jurisdiction Rules 1961 ` e) The Army Orders 1965 f) The Misconduct Policy g)The proposed Imprisonment and Detention Rules f) Policy Directives of the Defence Council, Defence Policy Committee and CDS Directives

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

LEGAL OVERVIEW
CDS
ACDS PERS/TRG

CIF

SO2 LEGAL

DIR. DEF. LEGAL SERVICES (mod)

COURT MARTIAL DIR. PERSONNEL CMAO JUDGE ADVOCATE

SO1 LEGAL

SO2 LEGAL

COURT ORDERLY

STENOGRAPHER

SO1 PROSECUTION

SO1 DEFENCE

PARALEGALS

CLERKS AND ORDERLY

SO3 PROSECUTION

SO3 DEFENCE /CIVILIAN 1 ASSISTING OFFICER(Lt)

1 ASSISTING OFFICER (Lt)

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

Closing Comments
CHALLENGES
Resources - mainly financial • Provision of a Permanent Judge for Court Martial • Personnel trg • Purchase of relevant materiel to aid investigations, defense and prosecutions as the case may be For example lack of reference material and Law Reports • Lack of adequate provision of legislations and statutory instruments • Undue delay in payment of night allowances and travel expenses of trainers. Undue social pressures • from relatives , friends, accused persons

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

CHALLENGES contd
• Resistance to change and accept the principles of the Rule of Law & Due Process before during and after Summary Dealings. • Lack of the willingness to discipline offending comds • Apparent expression of fear of victims to seek redress under sections 161 & 162 of the RSLAF Act 1961. • Lack of permanent Court martial building. Currently using other ranks canteen for court sessions

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

QUESTIONS ?

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

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