Last week I was able to visit Monrovia Central Prison and observe the Magistrates Sitting Program. The program was set up a year ago by the Liberian Supreme Court and Ministry of Justice with the specific aim of reducing prolonged pre-trial detention and prison overcrowding. Magistrates from 6 magisterial courts in Montserrado County visit Monrovia Central Prison to hold pre-trial hearings six days a week (a different court visits on each day).
The project has certainly begun to make an impact. As of April 2009, an estimated 239 inmates had been released from Monrovia Central Prison. A recent report has even estimated that the magisterial courts order the release of an average of 3 to 7 detainees each day. This is a considerable achievement and those involved should be applauded for the hard work that has gone into the program. However, many challenges remain. For one thing, the number of detainees released each day is often insufficient to counterbalance the number of detainees admitted; thus, the population of Monrovia Central Prison continues to rise.
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During my visit to the court, which is actually situated inside the prison compound itself, I was able to witness some of the challenges that the Magistrates Sitting Program still faces; it was also my first opportunity to observe a court hearing in Liberia. To my great surprise, the atmosphere inside the court was extremely informal, the judge struggling to keep order or maintain decorum: at one point, the defence and prosecution lawyers began arguing back and forth as if it were a classroom debating competition. The rules of procedure were only loosely followed and the judge had to continually remind the defence and prosecution lawyers to refer to Liberian law rather than reciting policy arguments without any legal basis. One criticism of the program has been that the prosecution and defence lawyers first read the case files on the day they arrive at court, having never met with or interviewed the detainees; given the low level of advocacy I witnessed, this point was clear to see. Indeed, the prisoner did not even attend the hearing and as I understand it, very few understand how the process works. Beyond these problems, the program suffers from inconsistent rulings between different magistrates, an overly narrow jurisdiction (over 95% of pre-trial detainees fall outside the jurisdiction of the magisterial courts), unclear pre-trial procedures, and a deficient record-keeping system.
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So the challenges are clear for all to see. In addition, after a week in which I was able to sit in on some of the meetings between judges and magistrates to discuss how to improve the program, I can also confirm that progress can be frustratingly slow. Yet, with so many organisations and talented individuals working to push the program forward, I am confident that the Magistrates Sitting Program can fulfil its potential and provide an effective means of ensuring access to justice for the hundreds of pre-trial detainees that are currently trapped in the Liberian criminal justice system.
The project has certainly begun to make an impact. As of April 2009, an estimated 239 inmates had been released from Monrovia Central Prison. A recent report has even estimated that the magisterial courts order the release of an average of 3 to 7 detainees each day. This is a considerable achievement and those involved should be applauded for the hard work that has gone into the program. However, many challenges remain. For one thing, the number of detainees released each day is often insufficient to counterbalance the number of detainees admitted; thus, the population of Monrovia Central Prison continues to rise. .png)
During my visit to the court, which is actually situated inside the prison compound itself, I was able to witness some of the challenges that the Magistrates Sitting Program still faces; it was also my first opportunity to observe a court hearing in Liberia. To my great surprise, the atmosphere inside the court was extremely informal, the judge struggling to keep order or maintain decorum: at one point, the defence and prosecution lawyers began arguing back and forth as if it were a classroom debating competition. The rules of procedure were only loosely followed and the judge had to continually remind the defence and prosecution lawyers to refer to Liberian law rather than reciting policy arguments without any legal basis. One criticism of the program has been that the prosecution and defence lawyers first read the case files on the day they arrive at court, having never met with or interviewed the detainees; given the low level of advocacy I witnessed, this point was clear to see. Indeed, the prisoner did not even attend the hearing and as I understand it, very few understand how the process works. Beyond these problems, the program suffers from inconsistent rulings between different magistrates, an overly narrow jurisdiction (over 95% of pre-trial detainees fall outside the jurisdiction of the magisterial courts), unclear pre-trial procedures, and a deficient record-keeping system. .png)
So the challenges are clear for all to see. In addition, after a week in which I was able to sit in on some of the meetings between judges and magistrates to discuss how to improve the program, I can also confirm that progress can be frustratingly slow. Yet, with so many organisations and talented individuals working to push the program forward, I am confident that the Magistrates Sitting Program can fulfil its potential and provide an effective means of ensuring access to justice for the hundreds of pre-trial detainees that are currently trapped in the Liberian criminal justice system.
A good summary of the MSP.
ReplyDeleteI would also recommend you speak to the American Bar Association, Prison Fellowship and Justice and Peace Commission to report on what initiatives they are taking to improve the program (with funding from OSI).