LIBERIAN JUDICIARY: Some Tips on Key Problems

September 26, 2005

Main issues of human rights concern about the Liberian judiciary are:

· Lack of judicial independence and serious gaps in the legal framework make judiciary executive oriented (eg. Magistrates are appointed for four year term and Justices of Peace for two years, and are removable at President’s mercy any time before their tenure).

· Ministry of Justice is the point of the administration of criminal justice system and controls police, correctional system and lower courts. Finance is also controlled by the MOJ.

· Complex judicial structure and inaccessible justice system with overlapping jurisdictions of various courts need to be simplified. Conflict of organizational frameworks and jurisdictions between state run judicial system and traditional mechanisms add more problems.

· Lack of qualified judges and court staff (out of 145 magistrates only 3 have legal education background) makes judiciary weak.

. Judges have no or very little knowledge of human rights standards. They tend to administer only the letters law and appear unconcerned about ‘justice’.

· Judges and prosecutors/attorneys are not seen in many courts, partly due to logistics and partly due to shortage of public prosecutors and county/district attorneys in number. Charge-sheet is normally prepared by legally untrained police without proper investigation.

· Cases go undefended by lawyers, as there is acute shortage of private lawyers in the country. A private lawyer is rarely seen in counties. Weak Bar and law schools ar struggling to produce qualified and trained law graduates and practictioners.

· Poor judicial infrastructure and physical facilities are stumbling blocks for making courts functional. Court buildings in many places have no doors and windows, and neither judges have enough chairs for them and legal texts to refer laws.

· Weak law enforcement machinery and poor detention facilities are responsible for many human rights problems. Prison cells are overcrowded, and inmates hardly get one meal a day.

· Corruption is pervasive at all levels of the state system, including the judiciary.

Options:

Serious and open public debate for overall justice sector reform needed.
Structural changes may be required to introduce a simple and accessible justice system that ordinary citizens may benefit from.
Human rights capacity building in the justice sector is urgently needed.
Some urgent measures to address key human rights issues as well as long-term strategic plan should be initiated.
Supporting human rights groups providing pro bono legal services should be encouraged to expand their programmes.