In addition to the above example cases, our interviews highlighted some of the systemic problems that are currently undermining the Liberian criminal justice system. The following section discusses some of these areas along with relevant portions of Liberian and international legal standards.

Miranda Warning and Legal Representation:

Article 21 (c) of the Liberian Constitution states:
"Every person suspected or accused of committing a crime shall immediately upon arrest be informed in detail of the charges, of the right to remain silent and of the fact that any statement made could be used against him in a court of law. Such person shall be entitled to counsel at every stage of the investigation and shall have the right not to be interrogated except in the presence of counsel. Any admission or other statements made by the accused in the absence of such counsel shall be deemed inadmissible as evidence in a court of law."

And, Article 21 (i) reads:
"The right to counsel and the rights of counsel shall be inviolable. There shall be no interference with the lawyer-client relationship. In all trials, hearings, interrogatories and other proceedings where a person is accused of a criminal offense, the accused shall have the right to counsel of his choice; and where the accused is unable to secure such representation, the Republic shall make available legal aid services to ensure the protection of his rights."

These two Constitutional provisions taken together aspire to protect the accused from police and prosecutorial excesses. In practice these provisions have remained only aspirational. Of the 69 inmates interviewed only nine (9) received a Miranda like warning upon arrest. Often, in their zealousness to put away criminal elements, Police Officers tend to overlook the importance of informing the accused of their rights. They seldom realize that this lapse in following proper procedure could result in a dismissal or an acquittal of a guilty person, thus making their job that much more difficult. These provisions are structured to protect the innocent and ensure that the guilty receive punishment commensurate to their guilt while protecting the basic rights of all accused. Therefore, it is paramount that efforts should be made to educate the police and the citizenry of the importance and benefits of these constitutionally protected rights.

The failure to get counsel involved in the early stages of investigation has resulted in additional problems. Based on our interviews, it became evident that some of the detainees were arrested for civil matters and not criminal offenses. Many detainees have not had a court appointment since their arraignment and it is likely that they have spent more time in prison than they would have had if they were tried and found guilty. The result is increasing unsafe prison overcrowding that can lead to poor conditions, health risks for the inmates and guards, violence and escapes.

An informed police force that follows proper procedure in concert with a functioning legal aid services program would catch these problems in a timely manner and not only help alleviate the problems arising from prison overcrowding but also increase the citizens' respect for and trust in the criminal justice system.

Living Conditions:

§34.11 of Title 2 of the Liberian Criminal Procedure Law states:
"All accommodation provided for the use of prisoners shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, both natural and artificial, heating, and ventilation."

§34.2 of Title 2 of the Liberian Criminal Procedure Law reads:
"In institutions or parts of institutions supervised by the Department of Justice, the following groups shall be segregated from each other:

1. Female prisoners from male prisoners;
   
   
2. Prisoners under the age of twenty-one from older prisoners;
   
   
3. Persons detained for hearing or trial from prisoners under sentence of imprisonment."
   

Interviews and observations indicated that the prison authorities did a satisfactory job of segregating vulnerable groups from the general prison population. However, there are no separate cells or wings for mentally ill prisoners.

Both male and female adult wings of the prison are overcrowded. Some cells housed as many as twelve prisoners in less than desirable conditions. There was not enough floor space per inmate in certain cells-7 inmates in approximately 5ft by 7ft cell; the prisoners, however, used their ingenuity and put together makeshift hammocks using discarded rice bags thus creating additional sleeping area.

Most of the prison population is allowed to walk around the prison campus during the day, which also helps alleviate the problem to some extent.

Food and Health Care:

§34.10 of Title 2 of the Liberian Criminal Procedure Law states:
"Each prisoner shall be provided with good and wholesome food, properly prepared under sanitary conditions, and in sufficient quantity and reasonable variety."

Although we got conflicting responses from the guards and prisoners on the issue of food, one could decipher that most of the time a majority of the inmates are fed only once per day and the entire meal consisted of one serving of bulgur wheat. The inmates complained that they usually did not receive enough, or any, oil with their bulgur wheat, or any fish or meat. There are times when the inmates received two meals and also times when vegetables and/or meat donated by missionaries/church groups (such as the Catholic Church) were added to the menu. Overall the inmates are not receiving sufficient nutrition.

Proper diet and meals is the responsibility of the prison system. Until the prison system is funded properly, greater assistance should be sought from the NGO community.

Better documentation of the meals and the lack of proper diet can support efforts of non-governmental groups to provide food assistance to the prison.

§34.10 of Title 2 of the Liberian Criminal Procedure Law states:
"Each prisoner shall have regular medical and dental care."

The medical care made available to the prisoners is sub-standard. The prison's health center employs only one medical professional, a nurse, and the center lacks even basic medical equipment and other medical supplies. Some of the inmates expressed hesitancy about going to the health center for fear of receiving incorrect treatment. Furthermore, there does not seem to be any regular medical care provided for mentally ill prisoners. Although we are not clear on the local Red Cross's involvement with the health center, this could be something that the prison authorities could pursue.

Work, Skills Training and Exercise:

§34.14 of Title 2 of the Liberian Criminal Procedure Law states:
"A prisoner held in detention pending trial shall be offered an opportunity to work, but shall not be required to work. He shall be paid for any labor performed by him."

§34.6 of Title 2 of the Liberian Criminal Procedure Law states:
"In developing [rehabilitation programs], the Attorney General shall seek to make available to each prisoner capable of benefitting there from academic or vocational training, participation in productive work, religious and recreational activities, and such therapeutic measures as are practicable."

§34.12 of Title 2 of the Liberian Criminal Procedure Law states:
"Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits."

Most detainees at the Monrovia Central Prison do not work. Some are assigned to chores like drawing water, sweeping the yard, and cleaning the buildings. Prisoners performing these chores are not paid for their labor. Although the law does not require pre-trial detainees to work, given the length of detention and the lack of any educational, vocational, or recreational activities at the prison, it would be a good idea to create work programs for the detainees as this will not only keep them busy and away from trouble but also help them gain real-life skills and earn money while in prison. Walking around the yard is the most exercise most inmates receive and many of them expressed interest in playing football (soccer). Therefore, investing in a few footballs may help solve the exercise problem and also help relieve the monotony of prison life.

To read the next section of this article: 3. Monrovia Central Prison: Conditions for Juveniles.

To return to the previous section of this article: 1. Monrovia Central Prison: Case Studies and Recommendations.

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