March 2007
Source:(seems to be a news report)
The Chief Justice of the Supreme Court of Liberia, His Honor Johnnie N. Lewis has challenged the United Nations Secretary General’s 13th Progress Report accusing magistrates of corrupt practices.
Speaking during the opening of the March Term of the Supreme Court, the Chief Justice Lewis acknowledged that in his address on the occasion of his qualification as Chief Justice on 3rd March 2006, he was aware that the country was plagued with incompetence, inefficiency and corruption.
Chief Justice Lewis said that he acknowledged that the international community looked with disdain upon the judiciary. “We acknowledged, also, that we had read reports after reports on Liberia’s Human Rights Practices by the United States Department of State, Bureau of Democracy, Human Rights and Labor, which characterized our Judiciary as “hampered by inefficiency and corruption.”
He said he was also aware and acknowledged that Liberians, as well as a majority of residents, had no confidence in our Judiciary.
The Chief Justice said that on that occasion he informed the Liberian people that the country stood on the threshold of a new era in the history of the country and promised to deliver on that expectation, and pledged that corruption will have no place in the Judiciary which he was about to head.
'Tried to deliver expectations'
“Over the past year, we have tried to deliver on that expectation. At times, we have been commended for actions we have taken; at other times, there have been sensational headlines carried by local newspapers fed with reports allegedly generated in the country, but which have not been referred to the Judiciary prior to publication,” he said.
However, the Chief Justice noted that in the UN Secretary General’s 13th progress report of the UN Mission in Liberia, the Secretary General reported on the “Promotion of Human Rights and the Rule of Law” in several paragraphs which was misleading.
Paragraph 28 of the report stated: “UNMIL continued its human rights promotion, protection and monitoring activities through the country. However, during the reporting period, respect for fundamental human rights continued to be impeded by weak rule of law structures. In this regard, the few operational county circuit courts in the country are either applying legal rules or procedures in an inconsistent manner or are failing to observe minimum human rights standards. Incidents of corrupt practices involving magistrates and judicial officials, inefficiency in trial processes and prolonged pretrial detention periods have been reported…”
The Chief Justice said it was misleading for UNMIL to represent that there were “few operational county circuit courts in the country,” because since March 2006 when they assumed the post of Chief Justice of the Supreme Court of Liberia, every circuit court in the country, except maybe one _Grand Kru – had been operational with Circuit Judge assigned during each of the May, August and November 2006 terms of court.
His Honor Lewis also cited that the report mentioned “incidents of corrupt practices involving magistrates and judicial officials…have also been reported.”
UNMIL should accept blame, Lewis says
He vehemently stated: “UNMIL has not reported to our office any incidents of corrupt practices involving magistrates and judicial officials, so as to enable our office, in cases involving magistrates, to have the incidents referred to the Judicial Inquiry Commission for its investigation, consistent with Judicial Canon Forty of the Judicial Canons of the Governance of the Conduct of Judges, and in cases involving judicial officials, to have the incidents investigated administratively by our office,” adding, “UNMIL therefore, should accept blame for the incidents of corrupt practices it did not bring to our attention, but which it reported to the Secretary General.”
He also argued that UNMIL’s Legal and Judicial System Support Division, between 3rd March 2006 and the date of the Secretary General’s report in collaboration with the Supreme Court, conducted 11 workshops for Magistrates on the theme “Examining the Statutory and Administrative Functions of Magistrates;” five workshops for clerks of Magisterial Courts on the theme “The Statutory and Administrative Functions of Clerks of Magisterial Courts;” four workshops for proposed Justices of the Peace on the theme “Justice of the Peace and the Liberian Legal System” costing US$114,117.
“If the report of UNMIL on incidents of corrupt practices involving magistrates and judicial officials are indeed verifiable, we challenge UNMIL to make available to our office the evidence constituting the corrupt practices,” he said.
The Chief Justice also picked a bone with a report of Human Rights Watch which alleged that the judiciary remains dysfunctional, making justice not accessible to the vast majority of Liberians,” and that “the circuit courts of five counties did not operate at all”.
“Here again,” the Chief Justice said, “The report of Human Rights Watch is misleading: for, since March 2006, as we have indicated, every circuit court in the country, except Grand Kru for one term only, had been operational with a Circuit Judge assigned during each of the May, August and November 2006 terms of court.
He said if Human Rights Watch is so blatant in including in its report such misleading and baseless information, maybe to impress its benefactors, he wondered how many other reports are equally misleading.
On other issues regarding the Judiciary, the Chief Justice said he recently received from the Governance Reform Commission (GRC) a Concept Paper on Reforming Liberia’s Legal and Judicial System and to enhance the Rule of Law.
He said that they are in agreement with some of the recommendations contained in the document, but stressed that many of the recommendations could not be put in place without “a number of further directives by the Constitution,” as recommended in the document.
Article 75 of the Liberian Constitution (1986) provides that “The Supreme Court shall form time to time make rules of court for the purpose of regulating the practice, procedure and manner by which cases shall be commenced and heard before it and all other subordinate courts. It shall prescribe such code of conduct by lawyers appearing before it and all other subordinate courts as may be necessary to facilitate the proper discharge of the court’s function. Such rules and code, however, shall not contravene any statutory provisions or any provisions of this Constitution.”
Unaware of experience
The Chief Justice said under this provision of the Constitution, the Supreme Court has from time to time made rules of court for the purpose of regulating the practice, procedure and manner by which cases are commenced and heard before it and all other subordinate courts. “Under this provision of the Constitution, the present Rules of Court contains, for the first time, Judicial Canons to Govern the Behavior of Judges.”
He noted that the Concept Paper recognizes the present provisions of Chapter VII of the Liberian Constitution on the Judiciary, and so calls for “number of further directives by the Constitution”.
The Chief Justice said one recommendation contained in paragraph 3.3.15 of the Concept Paper sates that the length of the terms of the Supreme Court needs to be specifically stated rather than have it remain discretionary with the Chief Justice who, as experience has shown in the past, may determine whether the Court remains in session for one month or four months.
“We are unaware of any experience in the past where the Chief Justice of the Supreme Court of Liberia so abused his discretion and determined that the Supreme Court would remain in session for only one month.
“While the Lewis Bench appreciates that there is need for judicial reform in this country, those entrusted with the responsibility to assist in this endeavor ought to be able to distinguish fact from fiction.
“If the underlying reason for the recommendation by the GRC is that the Chief Justice of the Supreme Court would be so oblivious of the solemn oath or affirmation he took “to discharge faithfully and impartially the duties and functions of [his] office and to preserve, protect and defend the Constitution and laws of the Republic [of Liberia] that a number of further directives by the Constitution would be necessary, the Concept Paper should have provided proof of prior abuse of this discretion by past Chief Justices of the Supreme Court of Liberia,” Chief Justice Lewis argued.
The Chief Justice said he looks forward to working with the GRC, but cautioned that its integrity and independence will not be compromised or eroded.
He cautioned that there is a difference between a Constitution and a statue and what a Constitution should contain. “A Constitution is not, and should never be a statue, so that when drafters of a Constitution include in the document what in essence is case law, the document might bear the name Constitution, but it is not,” the Chief Justice clarified.
The Chief Justice also pledged the bench’s support in protecting and safeguarding the human rights of all women and girls, in the event that violence against women is on the rise in the country.
“We confirm those pronouncements here today, and renew our pledge made in November that we accept that the Judiciary should be in the forefront in protecting and safeguarding the human rights of all our women, of all our girls,” he vowed.
The Chief Justice said in a Position Statement recently presented to him by women of Liberia, one recommendation was the “speedy trial of perpetrators of violence against women, especially after the request of assignment by lawyers defending victims”.
He assured the women that consistent with section 3.9 of the Judiciary Law, this was already in place. “We shall ensure that trials are held in accordance with due process of law, which ensures the rights of both the victims and the defendants,” the Chief Justice said.
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