By Olukayode Idowu
The ECOWAS Court of Justice, has delivered its decision in the case of Hassan Kargbo and seven others against the State of Sierra Leone.
The applicants brought an action before the ECOWAS Court of Justice against the State of Sierra Leone for serious violations of their fundamental rights during the tragic events that took place in Makeni in July 2020, particularly the violations of the right to security of the person, the right to life and the right to an effective remedy.
The events leading to this case took place on 17 and 18 July 2020, when a demonstration by young people was violently quelled by the Sierra Leone law enforcement.
According to the applicants, the army and police used live ammunition and tear gas against the demonstrators, causing deaths and serious injuries among unarmed civilians. Several victims, including Foday Kargbo, Mohamed Sillah and Alusine Sesay, died as a result of this crackdown.
The State of Sierra Leone neither appeared nor presented a defence. The Court delivered its judgment by default.
In the judgment delivered on Thursday by Justice Gbéri-bè Ouattara, Judge-Rapporteur, the Court found that the State of Sierra Leone had violated the right to security of the applicants Hassan Kargbo and Mohamed Fornah. Nonetheless, the Court found that the State had neither violated the right to life of the applicants, who were still alive, nor their right to an effective remedy.
As for the unarmed civilians who had lost their lives in the violence, the claim of the applicants who had presented themselves as their rightful heirs was declared inadmissible for failure to provide proof of their death and of their kinship with the victims.
Furthermore, the Court found that the State had failed in its obligation to conduct investigations into the events at Makeni.
As compensation for these violations, it ordered the State to pay USD 15,000 in damages to each of the applicants Hassan Kargbo and Mohamed Fornah for violation of their right to security. It also enjoined the State to take measures to prevent the excessive use of force during peaceful demonstrations and to conduct an investigation to identify and prosecute those responsible for the violence.
The three-member panel of the Court were Honorable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Justice Gberi-Bè Ouattara (judge-rapporteur) and Justice Edward Amoako Asante (panel member).