Long delays in the judicial system led to appalling overcrowding in prisons, as most
detainees were awaiting trial, suffering inhumane conditions. Human rights abuses
against women and girls, including rape and other forms of sexual violence, remained
prevalent. The police used excessive force during demonstrations.
Presidential and legislative elections took place on 11 October. No presidential
candidate secured an outright majority, and a run-off election took place on 8 November.
The main opposition party, Congress for Democratic Change (CDC), boycotted the run-off
and the incumbent, Ellen Johnson Sirleaf, was declared winner with 90.7 per cent of
the vote.
More than 173,000 Ivorian refugees crossed into Liberia between November 2010 and
December 2011 following post-election violence in neighboring Côte d’Ivoire. By the
end of 2011 the influx of refugees had almost stopped, and some started returning
to Côte d’Ivoire.
In November, President Ellen Johnson Sirleaf and human rights defender Leymah Gbowee
were two of the three women awarded the Nobel Peace Prize “for their non-violent struggle
for the safety of women and for women’s rights to full participation in peace-building
work”.
No progress was made in bringing to justice people responsible for serious human rights
violations and abuses during the years of armed conflict and violence. The recommendation
of the Truth and Reconciliation Commission (TRC) that a criminal tribunal be established
to prosecute people identified as responsible for crimes under international law
was not implemented, nor were most TRC recommendations on legal and other institutional
reforms, accountability, and reparations.
In March, the Special Court for Sierra Leone, sitting in The Hague, finished hearing
evidence in the trial of former Liberian President Charles Taylor, who was charged
for his individual criminal responsibility in crimes against humanity and war crimes
committed during the 11 years of armed conflict in Sierra Leone. He was not charged
with crimes committed in Liberia, as the competence of the Court is limited to crimes
committed in Sierra Leone. The judges were still deliberating at the end of the year.
In March, in response to recommendations made during Liberia’s UN Universal Periodic
Review, Liberia acknowledged its international obligations under the Second Optional
Protocol to the ICCPR, which it acceded to in 2005, and stated that it was holding
consultations with a view to repealing the 2008 law imposing the death penalty for
armed robbery, terrorism and hijacking offences, if these resulted in death. However,
no further steps were taken to abolish the death penalty.
One person was sentenced to death for murder by the Circuit Court in Voinjama, Lofa
County.
Inadequate police investigations, a shortage of public defenders, poor case management,
corruption, and a judiciary that lacked the capacity to hear cases in a timely manner
contributed to a backlog in the criminal justice system. Around 80 per cent of prisoners
were awaiting trial; some were detained for years before their trial.
The continued detention of people awaiting trial meant that a pilot parole and probation
scheme in Monrovia and Gbarnga and a magistrate sitting programme did not significantly
reduce the number of pre-trial detainees.
People were often required to pay for services that are supposed to be free, for example
for police to carry out investigations. Magistrates routinely denied bail. The judiciary
lacked independence.
Customary courts often failed to follow due process. Trial by ordeal continued, whereby
the guilt or innocence of the accused was determined in an arbitrary manner, sometimes
involving torture or other ill-treatment.
Prison conditions were extremely poor. In several prisons, inmates were crowded into
dark, dirty cells, with grossly inadequate health services, and lack of ventilation
and time outdoors. Hygiene and sanitation were poor, without adequate food and drinking
water and basic necessities such as clean bedding and toiletries.
In July, President Ellen Johnson-Sirleaf launched a 10-year National Health Policy
and Plan. Prison health services were incorporated as a cornerstone of the policy
– the new Essential Package of Health Services. However, it had not been implemented
by the end of the year.
Despite some improvements, inadequate police protection led to some communities forming
vigilante groups.
The police repeatedly used excessive force during public order operations.
On 11 March, police beat student protesters, 17 of whom needed medical treatment.
The President set up an investigating committee, which submitted its report in June.
The committee found that the police had used excessive force, and recommended that
the Inspector General of the Liberia National Police (LNP) be suspended and the Deputy
Director for Operations dismissed. The Deputy Director for Operations was suspended
for two months without pay. No action was taken against the Inspector General.
On 7 November, police opened fire on CDC supporters during a demonstration, killing
at least one person and injuring many more. A commission of inquiry was established
by the President to investigate the violence. It submitted its findings on 25 November.
The commission found that the police had used excessive force, and in line with the
commission’s recommendations the Inspector General of the LNP was dismissed.
Journalists continued to face harassment, and at times threats and assault.
On 22 January, the Supreme Court sentenced Rodney Sieh, editor-in-chief of the privately
owned Front Page Africa newspaper, to 30 days in prison for contempt of court. He had published a letter
criticizing a judge of the Supreme Court. He was released two days later after President
Sirleaf intervened.
On 7 November, following a petition by the Ministries of Justice and Information,
the Circuit Court Judge of Criminal Court A issued a court order temporarily closing
three media houses; this was carried out by armed police from the Emergency Response
Unit. The media houses were accused of spreading hate messages in connection with
the CDC rally and subsequent violence. On 15 November the managers of the media houses
were found guilty. However, the court decided that “at this time” there would be no
punishment and ordered that the media institutions be reopened.
There was only one juvenile court, located in Monrovia, and the juvenile justice system
remained weak, with no rehabilitation or detention centres for children in conflict
with the law. Children were regularly detained in police cells along with adults.
Female genital mutilation (FGM) remained widespread and was regularly performed on
girls between the ages of eight and 18, some as young as three. FGM is not explicitly
prohibited in Liberian law.
In July, two people accused of carrying out forced FGM were found guilty of kidnapping,
felonious restraint and theft and sentenced to three years in prison.
Rape, other forms of sexual violence, domestic violence and forced and underage marriage
remained widespread. The majority of reported rape cases involved girls under 18.
Sexual and gender-based violence crimes units in police stations were understaffed
and under-resourced and struggled to cope.
There were no functioning safe houses for survivors of gender-based violence. The
management of two safe houses in Bong and Lofa counties, previously run by NGOs, was
taken over and temporarily closed by the Ministry of Gender and Development. However,
they had not reopened by the end of the year.
Maternal mortality remained high. UNFPA attributed this to an acute shortage of skilled
medical staff, inadequate emergency obstetric care, weak referral systems, poor nutritional
status of pregnant women, and extremely high numbers of teenage pregnancies. In March,
the President launched a five-year plan to reduce maternal and newborn deaths in the
country.
