256/02 : Samuel Kofi Woods, II and Kabineh M. Ja'neh / Liberia
Summary of Facts
1. The complaint is filed by Mr Samuel Kofi Woods, II and Mr Kabineh M. Ja’neh on behalf of Hassan
Bility, Ansumana Kamara and Mohamed Kamara, all Liberian journalists for the
independent Analyst Newspaper in Monrovia.
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2. The Complainants allege that in the afternoon of 24 June 2002, plain-cloth[ed] state security
officers from the National Police Force, National Security Agency, National Bureau of Investigation,
Fire Service, Immigration, Ministry of Defence, Anti-Terrorist Unit, Special Security Service, and
Ministry of National Security arrested Hassan Bility, Ansumana Kamara and Mohammed Kamara, all
journalists working for the independent Analyst Newspaper in Monrovia.
3. The complaint also alleges that the said arrest and detention of the journalists was not disputed as
the Minister of Information, Mr Reginald Goodridge has confirmed the same. To date, there was no
charge proffered [sic] against them and they continue to languish in detention, which is in
contravention of the African Charter, the Constitution of Liberia and the Universal Declaration of
Human Rights (UDHR).
4. It is alleged that in consideration of the available constitutional local remedies vis-à-vis the arbitrary
arrest and detention of these journalists, and further to the petition filed by an assortment of human
rights organisations in Liberia filed a petition at the First Judicial Circuit Court, Criminal Assizes “B” of
Montserrado County, the latter issued a Special Writ of Habeas Corpus, which, however, was
allegedly not complied with.
5. The Complainants further allege that the subsequent announcement by the Liberian Government
of its intention to arraign the detained journalist before a military tribunal would restrain, deprive and
deny them of their human rights to liberty, freedom and due process of laws as enshrined in the
Liberian Constitution, the African Charter, and the UDHR.
6. Together with their complaint the Complainants submitted a request for provisional measures to
the African Commission in accordance with Article 111 of the Rules of Procedure of the African
Commission.
Complaint
7. The Complainants allege violations of Articles 6, 7(b), and 7(d) of the African Charter.
8. The Complainants pray that in addition to provisionally ordering the immediate release of the
detainees in consonance with Article 111 of the Rules of Procedure of the African Commission, the
Commission grant any and all other remedies/redress that it shall deem right and appropriate.
Procedure
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9. The Complaint was dated 9 August 2002 and received at the Secretariat on 16 August 2002 by
post.
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10. At its 32 Ordinary Session held from 17 to 23 October 2002 in Banjul, The Gambia, the
African Commission considered the complaint and decided to be seized thereof.
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11. On 23 October 2002, the African Commission appealed to His Excellency Charles Taylor,
President of the Republic of Liberia, respectfully urging him to intervene in the matter being
complained of pending the outcome of the consideration of the complaint before the African
Commission.
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12. On 4 November 2002, the Secretariat wrote to the Complainants and Respondent State to
inform them that the African Commission had been seized of the communication and requested them
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to forward their submissions on admissibility before the 33 Ordinary Session of the [African]
Commission.
13. The Secretariat requested the parties on several to submit their arguments on admissibility.