By: staff writer
Monrovia- Recalling that the Government of the Republic of Sierra Leone has made a request to the Government of Liberia to extradite the former Chief Superintendent of
Police, Mr. Mohammed Yaelty Turay, the INHCR calls on the Government of the Republic
of Liberia to strongly consider international human rights obligations as it cogitates the
request.
The Independent National Commission on Human Rights in a released issued Tuesday, August 8, 2023 says whilst it recognizes extradition as a critical tool for enforcing criminal laws across
borders, it hastens to remind the government that extradition potentially threatens the rights
of surrendered persons who could face physical abuse, unfair trial or excessive punishment
by the requesting foreign legal system.
The press release under the signature of Cllr. T. Dempster Brown, chairperson/INHCR says recollecting that both the Republic of Sierra Leone and Liberia are signatories to several
regional and international instruments including the United Nations Convention Against
Transnational Organized Crime and the ECOWAS Convention on Extradition, the INCHR
reminds the Government of Liberia that amongst other things;
- Extradition shall not be granted if the offense in respect of which is requested is
regarded as a political offense or as an offense connected with a political offense. - If there are substantial grounds for believing that a request for extradition for an
ordinary criminal offense has been made for the purpose of prosecuting or punishing a
person on account of race, tribe, religion, nationality, political opinion, sex, or status. - If such a decision shall affect provisions of the Geneva Convention of 12 August,
1949 and its additional Proto cols and other multilateral International Conventions:
and, - If the person whose extradition is requested has been or would be, subjected to torture
or cruel, inhuman, or degrading treatment or punishment in the requesting State or if
that person has not received, or would not receive the minimum guarantees in
criminal proceedings, as contained in Article 7 of the African Charter on Human and
People’s Rights or other fundamental principles of human rights.
Also, under our Criminal Procedure Law, Section 8.3 and the Geneva Convention which
Liberia is a signatory and ratified.
“The Republic of Liberia should not honor the request of
he Sierra Leone Government to extradite the former Chief Superintendent of police Mr.
Mohammed Y. Turay because there is no extradition agreement between the Liberian
Government and the Sierra Leonean Government that would warrant the extradition of Mohammed Turay,” the released stated.
INCHR hereby reminding the Government of Liberia that the 1969 OAU Convention governing
the specific aspects of the refugee problem in Africa, Specifically Article 2(3) enjoins Liberia not
to reject and person who on the basis of well-founded fear refuses to return to his country of
origin.
Additionally, the INHCR says Liberia is prohibited to expel a person to return to his country where his
life, physically integrity or liberty would be threatened. Also, the 1957 UN Refugee Convention
calls on all contracting States to the convention not to expel a refugee under these Conventions.
INCHR also wishes to inform the Government of Liberia that the African Charter on Human and
Peoples Rights which Liberia ratified in 1983 states in Article 12(4) that a non-national legally
admitted in a territory of a State Party to the present Charter may be expel from it by operation of
law, but in the instant case, there is no extradition agreement between Liberia and Sierra Leone.
In this Light, INCHR is advising the Liberian Government not to honor the request of the Sierra
Leone Government to expel or extradite Mr. Turay from the Liberia Territory as in keeping with
law.
