Merits
16. The Complainant alleges that the decision of the court-martial is not subject to appeal and is therefore a
violation of the victims' rights to fair trial.
17. The facts as submitted by the Complainant disclose that the 24 soldiers were executed publicly after
being deprived of the right of appeal to a higher tribunal. In its Resolution on the Right to Fair Trial and
Legal Assistance in Africa, the Commission had, in adopting the Dakar Declaration and Recommendations,
noted thus:
"In many African countries Military Courts and Special Tribunals exist alongside regular judicial institutions.
The purpose of Military Courts is to determine offences of a purely military nature committed by military
personnel. While exercising this function, Military Courts are required to respect fair trial standards."
18. The Commission notes that the trial in issue was that of a purely military nature, i.e. for their alleged
roles in the coup that overthrew the elected government. The Commission is however constrained to hold
that the denial of the victim's right of appeal to competent national organs in a serious offence as this is
falls short of the requirement of the respect for fair trial standards expected of such courts. The execution of
the 24 soldiers without the right of appeal is therefore a violation of Article 7(1) (a) of the Charter. This is
more serious given the fact that the said violation is irreversible. Article 7(1) (a) of the Charter states:
Every individual shall have... the right to an appeal to competent national organs against acts violating his
fundamental rights...
19. The Complainant alleges a violation of Article 4 of the African Charter on Human and Peoples' Rights
which provides that:
Human beings are inviolable. Every human being shall be entitled to respect for his life... No one may be
arbitrarily deprived of this right.
20. The right to life is the fulcrum of all other rights. It is the fountain through which other rights flow, and
any violation of this right without due process amounts to arbitrary deprivation of life. Having found above
that the trial of the 24 soldiers constituted a breach of due process of law as guaranteed under Article 7(1)
(a) of the Charter, the Commission consequently finds their execution an arbitrary deprivation of the right to
life provided for in Article 4 of the Charter.
Although this process cannot bring the victims back to life, it does not exonerate the Government of Sierra
Leone from its obligations under the Charter.
21. The Commission notes the failure of the competent authorities of the Republic of Sierra Leone to
respond to its request for additional information and arguments on the admissibility and merits of the case.
It is noted that the Minister of Justice and Attorney General explained to the Commission's mission referred
to above that the regulations of the military did not allow for the right of appeal. However, before the
Commission, the African Charter is the yardstick for determining violations. The rules and regulations
governing court martial, to the extent that they do not allow the right of appeal, offend the Charter. But it is
noted with satisfaction that the law has been amended, subsequent to the mission to Sierra Leone, to bring
it into conformity with the Charter.
Holding
For the above reasons, the Commission
Holds a violation of Articles 4 and 7(1) (a) of the African Charter.
Cotonou, Benin, 23rd October to 6th November 2000.
1 This paragraph was not originally in the English language version; it was translated from the French
language version
2