ECOWAS Court Issues Important Judgment on Police Accountability in Sierra Leone
On Wednesday 28 February 2023, AdvocAid and the Institute for Human Rights Development in Africa (IHRDA) welcomed judgment by the Economic Community of West African States (ECOWAS) Community Court of Justice in the “Mohamed Morlu v. Republic of Sierra Leone” case, which found Sierra Leone responsible for violating several of Mr. Morlu’s rights under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture (CAT), and ordered Sierra Leone to pay the applicant monetary compensation.
The judgment represents a significant victory in the fight for police accountability in Sierra Leone, and sets an important precedent for Sierra Leone on what amounts to torture by state law enforcement agents in the context of protests.
The case was filed by Mr. Morlu with the support of AdvocAid and IHRDA in August 2022, alleging that the Republic of Sierra Leone had violated his rights to security of the person and to be free from torture when police shot him in the abdomen during a peaceful student protest in Bo in March 2017, and further violated his right to a remedy when the State failed to effectively investigate and prosecute those responsible for the shooting.
The Plaintiff, Mr. Morlu, shared his thoughts on the judgment, saying, “After 7 years of living with the effects of this painful incident with no one being held responsible, I am relieved and grateful for the ECOWAS Court’s decision. This victory gives hope to other victims of police brutality that justice is attainable.”
After the Court delivered the judgment, Eleanor Thompson, legal counsel for Mr. Morlu, said, “This case was not just about redressing the harms caused to Mr. Morlu. It sought to remind the State of its obligations under the numerous human rights treaties that it has ratified while addressing systemic issues of law enforcement agents’ use of lethal force against citizens peacefully exercising their rights”
AdvocAid Executive Director, Ms. Alison French, expressed her appreciation for the ECOWAS Court’s decision, stating, “This judgment reaffirms the principle that no one is above the law, including law enforcement agencies. It sends a clear message that police violence and misconduct will not be tolerated, and the State must ensure that its law enforcement agents respect and protect the human rights of all civilians.”
On her part, IHRDA Executive Director, Emilia Siwingwa, commended the judgment, saying, “It sets a progressive standard for policing and human rights not only for Sierra Leone, but also for the entire sub- region. She also noted that “the success in securing this judgment underscores the critical role of civil society in holding governments accountable and safeguarding human rights.”
AdvocAid and IHRDA remain committed to advocating for the rights of all individuals, particularly those who are marginalised or vulnerable to human rights abuses. Through strategic litigation and advocacy efforts, the organisations continue to champion justice, equality, and accountability in Sierra Leone and beyond.