Monrovia, Liberia – The Ministry of Justice and the Civil Society Human Rights Advocacy Platform, with assistance from the British Embassy accredited to Monrovia, have concluded a one-day thorough and final validation process on the draft death penalty bill in response to persistent advocacy regarding the legal tools related to the death penalty.
Cllr. Dempster Brown, the chairperson of the Independent National Commission on Human Rights, emphasized the need of ensuring the bill’s passage as a major human problem during his final remarks. Cllr. Brown a seasoned Human Rights activist said he observed that some lawmakers are not making enough efforts as possible to ensure the passage of said key National instrument.
He told the gathering that during the Commission’s regular engagement on the issue, they noticed that some legislators are allegedly politicizing the issue in a drive to seek re- election.
Also speaking at the occasion was the Deputy Minister for codification at the Ministry of Justice Cllr. Cora Hare- Konuwa who reminded the participants of Liberia’s commitment to its international human rights obligation.The Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which calls for the repeal of the death sentence, is something that Liberia has ratified, she noted.
The instrument, according to her, affirms Liberia’s dedication to protecting the rights to life and ensuring its legal framework aligns with international human rights standards. Referencing the roundtable discussion held on November 26, 2024, by the Ministry of Justice in collaboration with the Civil Society Human Rights Platform and with assistance from the British Embassy, the Deputy Justice Minister for Codification noted that the meeting was a crucial step in examining the proposed legislation to abolish the death penalty.
“The discussions were healthy, with valuable inputs from all involved, and a comprehensive report was submitted to the Minister for a presentation to the Legislature,” she said.
During the event, Cllr. Konuwa urged participants to take into account all necessary contributions in order to make sure that the law takes into account both the particular requirements of Liberia’s legal and social framework as well as international human rights standards. She also suggested that participants use the validation to help create Liberia’s first submission to the committee against torture.
She indicated that Liberia has been overdue in submitting such report, which should have been filed since 2008 as such calls for prompt actions. According to her, the report is crucial in demonstrating Liberia’s commitment to fulfilling its international human rights treaty reporting obligations, particularly regarding the prohibition of torture and other cruel, inhumane, or degrading treatment.
Providing more legal and expert perspectives about the document was the Chairman of the Law Reform commission, Cllr. Boakai Kanneh who underscored the importance of reviewing the bill to ensure that its objectives are align with international human rights obligations.
In addition to stating that torture is now not a crime under the constitution, he was eager to convey his opinion that the death sentence should be accepted as a subclass of torture. Citing Article 21 of the Liberian Constitution, Cllr. Kanneh asserted that the legislature had the power to pass new legislation that would make torture a crime.
He also asked participants to think carefully about what constitutes torture and to consult Chapter 36 of the Penal Code in this regard. In addition to praising the Ministry of Justice for its leadership and hard work in drafting the bill with CSOs, the head of the Law Reform commission advised those working on the legal reforms to avoid undue pressure from foreign partners and to concentrate on the consistency and integrity of the legislation.
The Law Reform Commission, the Independent National Commission on Human Rights, the Ministry of Justice, and representatives from the National Legislature and the Judiciary, respectively, were among the technicians and actors from the sector who attended the more interesting and productive National forum, which was hosted at the Ministry of Justice.
The Liberia Immigration Service, the British Embassy, the National Security Agency, the Liberia National Police, and civil society organizations are a few more.
The session, which was called by sector actors, discussed a number of issues, including a bill to revise Title 25 of the Liberian Code of Law Revised, including Sections 11, 14, 15, and 50, which deals with sentencing and the repeal of the death sentence.
The proposed modification brings Liberia into compliance with its international human rights commitments and duties, namely the Universal Periodic Review (UPR) recommendations and the “Second Optional Protocol of the International Covenant on Civil and Political Rights.”
The fact that Liberia has gradually turned into a de facto abolitionist state was underlined during the talks and debates. In addition to raising concerns about the possibility of erroneous executions and the moral ramifications of the death penalty, they reiterated that Liberia’s commitment to international human rights standards is reflected in its decision to abolish the death sentence.
They cited the act’s amendments to the Penal Code, which substitute life in prison with or without the possibility of release for offenses that were formerly punished by death, such as treason, mercenaryism, murder, armed robbery, terrorism, and hijacking.
But the Penal Code’s Chapters 11, 14, 15, and 50 were specifically amended. For crimes that were formerly punishable by death, such as treason, mercenaryism, murder, armed robbery, terrorism, and hijacking, the legislation replaced the death penalty with life in prison with or without parole.
At the same time, specific changes were made to the Penal Code’s Chapters 11, 14, 15, and 50, modifying the sentencing guidelines in accordance with the amendments. However, some participants voiced their concerns and debates regarding life in prison without the possibility of parole, stating that it would be adequate to deter serious crimes and other offenses.
The sector’s actors, nevertheless, decided to employ life imprisonment with or without parole after the enlightening discussions. Meanwhile, the general focus of the deliberations was directed to Title: An Act to Amen Title 26 of the Liberian Code of Law Revised, Penal Law Chapter 11, 14, 15, and 50 Relating to Sentencing and Death Penalty.
Reported by: Prince Saah
Contact: +231778239813
Email: saahprince119@gmail.com
