In the wake of consistent advocacy surrounding the legal instruments relative to death penalty, The Ministry of Justice and The Civil Society Human Rights Advocacy Platform with support from the British Embassy accredited near Monrovia ended a one day comprehensive ans final validation process on the draft death penalty bill.
Speaking at the closing of the session , the Chairperson of the Independent National Commission on Human Rights Cllr. Dempster Brown stressed the need to ensure the passage of the bill as a serious human issue.
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.
Liberia she said is a signatory to the Second Optional Protocol to the international Covenant on Civil and Political Rights (ICCPR), which mandates the abolition of the death penalty.
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.
Making reference to the November 26, 2024, roundtable dialogue organized by the Ministry of Justice in partnership with the Civil Society Human Rights Platform, with support from the British Embassy, the Deputy Justice Minister for codification pointed out that said gathering was an important step in reviewing the draft bill 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 further informed the body.
Cllr. Konuwa used the ocassion to encourage participants to consider all necessaries’ contributions made, ensuring that the bill reflects not only international human rights principles but also the unique needs of Liberia’s legal and societal context.
Additionally, she urged participants to utilize the validation to contribute to the drafting of Liberia’s initial report to the committee against Torture.
Liberia she indicated 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.
He was quick to expressed the view that the death penalty should be recognized as a subset of torture indicating further with reference to the constitution currently that torture is not classified as a crime.
Cllr. Kanneh cited Article 21 of the Liberian Constitution, stating that the legislature has the authority to enact new laws that would criminalize torture.
At the same time, He urged participants to carefully consider the definition of torture and to reference Chapter 36 of the Penal Code in such context.
The Law Reform commission boss who commended the Ministry of Justice for its effort and leading role along with CSOs in drafting the bill also advise those working on the legal reforms to resist undue pressure from international partners, encouraging them to focus on the integrity and consistency of the legislation.
The more engaging and fruitful National forum which was held at the Ministry of Justice brought together technicians and actors from within the sector to include: The Law Reform commission, The Independent National Commission on Human Rights, The Ministry of Justice and Members from the National Legislature and the Judiciary respectively.
Others include, The Liberia National Police, The National Security Agency, the Liberia Immigration Service, The British Embassy and the Civil Society Organizations among others.
Among other things, The session convened by actors of the scetor deliberated on an act to amend Title 25 of the Liberian Code of Law Revised, precisely 11, 14, 15, and 50 concerning sentencing and the abolition of the death penalty.
The proposed amendment aligns Liberia with its international human rights obligations and commitments, particularly the “Second Optional Protocol of the International Covenant on Civil and Political Rights” and the Universal Periodic Review (UPR) recommendations.
Druing the discussions and deliberations context, it was clearly emphasized that Liberia has progressively become a de facto abolitionist state.
” The abolition of the death penalty reflects Liberia’s commitment to international human rights standard while concerns regarding the potential for wrongful executions and the moral implications of capital punishment were also raised.
“, they reechoed.
Making reference to Amendments to the Penal Code, the act they stated replaces capital punishment with life imprisonment with or without parole for crimes previously punishable by death, including treason, mercenaryism, murder, armed robbery, terrorism, and hijacking
However, Specific amendments were made to Chapters 11, 14, 15, and 50 of the Penal Code. The act replaces capital punishment with life imprisonment with or without parole for crimes previously punishable by death, including treason, mercenaryism, murder, armed robbery, terrorism, and hijacking.
At the same time , Specific amendments were made to Chapters 11, 14, 15, and 50 of the Penal Code, adjusting sentencing provisions accordingly while debates and concerns were raised by some participants who expressed the issue about life imprisonment without parole adding that it would be sufficient to deter serious crimes and other crimes.
But following the insightful deliberations, actors within the sector agreed to use Life Imprisonment with or Without Parole.
Meanwhile, the general focus of the deliberations were 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.
