Particularly relevant laws and treaties applicable to the treatment of arrested and incarcerated juveniles include Section 34.2 of Title 2 of the Liberian Criminal Procedure Law as well as the Convention on the Rights of the Child, which was signed by Liberia on 26 April 1990 and ratified on 4 June 1993. The relevant sections are produced in part below.

Liberian Criminal Procedure

§34.2 of Title 2 states:
"In institutions or parts of institutions supervised by the Department of Justice, the following groups shall be segregated from each other:
(….)
(b) Prisoners under the age of twenty-one from older prisoners."

Convention on the Rights of the Child

Art. 1 states:
"For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier."

Art. 37 states:
"States Parties shall ensure that:

1. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
   
   
2. No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
   
   
3. Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.
   
   In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
   
   
4. Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action."
   

Art. 40 states:

1. "States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of other and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
   
   
2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:
   
   
   1. No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reasons of acts or omissions that were not prohibited by national or international law at the time they were committed;
      
      
   2. Every child alleged as or accused of having infringed the penal law has at least the following guarantees:
      
      
      1. To be presumed innocent until proven guilty according to law;
         
         
      2. To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defense;
         
         
      3. To have the matter determined without delay be a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
         
         
      4. Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;
         
         
      5. If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;
         
         
      6. To have the free assistance of an interpreter if the child cannot understand or speak the language used;
         
         
      7. To have his or her privacy fully respected at all stages of the proceedings.
         
         

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:
   
   
   1. The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;
      
      
   2. Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.
      
      
4. A variety of dispositions, such as care, guidance and supervision orders; counseling; probation; foster care; education and vocational training programs and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence."

General Information

While at Monrovia Central Prison we interviewed twenty-two juveniles ranging from the ages of thirteen to twenty years-old [6, 7]. These juveniles were detained for charges including theft and burglary, armed robbery, assault and battery, kidnapping, making terroristic threats, rape, sodomy, and murder [8]. Of these nineteen juveniles one had yet to be charged of a crime but had been questioned by the police under suspicion of involvement with a vigilante group.

Regarding Arrest

Article 37 of the Convention of the Rights of the Child requires that any arrest or detention of a child conform to the domestic law, which in Liberia requires that all individuals be charged within forty-eight hours of their arrest. Of the twenty-two juveniles interviewed, only five were taken to court and charged within the forty-eight hour time-frame. While one juvenile could not recall the duration of time that passed, the other sixteen juveniles waited anywhere from three days up to one month before they were formally charged. Only two of the juveniles recalled being told of their Miranda rights and twelve of those whom were not informed of their rights also said they had been interrogated by the police or asked to write a statement without counsel or a parent/guardian present. Four of these wrongfully interrogated juveniles confessed to crimes at that time.

Regarding Conditions of Detention

In large part it appeared as though all juveniles were detained separately from adults, as required under §34.2 of Title 2 of the Liberian Criminal Code and Art. 37(c) of the Convention on the Rights of the Child. However, there were some claims that as a form of punishment for misbehaving, juveniles will be taken and placed among the adults for the day. Other punishments mentioned included being beaten and being left in bathrooms. The cells for juveniles do not appear to be overcrowded, with each cell usually containing between three to five persons with each individual having their own mattress and blanket. Although bathing/toilet facilities generally seem adequate, there were some remarks as to the cleanliness of the facilities as well as one comment that the toilet had not been functioning and that they had been told to remove feces from the area by hand.

Additionally, some of the juveniles commented that they were not provided with nor had money to purchase razors to trim their hair.

Sixteen of those interviewed reported having health issues during their detention and while some noted that they had reported their illness to the Five Star [9] or an officer and not received medication or attention, others said they never even told anyone. When asked who they would contact if they were having any problems, juveniles were divided between reporting to the assigned Five Star or going straight to the officers.

During the interviews a pregnant sixteen-year old remarked that she is not feeling well but that the clinic does not have medication for her. It was not noted whether or not she is receiving any pre-natal care or attention nor was there discussion of a prison plan for when she gives birth. However, pregnant juveniles represent special health circumstances and her condition and status should be of significant concern to the prison personal and the Ministry.

With regard to meeting the dietary needs of juveniles, those interviewed reported that they usually eat one meal per day, and that the meal most often consists of bulgur wheat and black beans. However, they also noted that on Mondays and Thursdays they frequently get rice and beans and that occasionally on weekends they also get fish or other food that religious organizations, such as the Catholic Church, will prepare and bring to the prison.

Of final, but important, note with regard to situation of detained/imprisoned juveniles are the ideas of rehabilitation and eventually reintegration. Articles 40(1) and 40(4) of the Convention on the Rights of the Child give particular weight to the desirability that detention of juveniles will lead to the rehabilitation of such individuals and their reintegration into society as a contributing and constructive member. Article 40(4) also strongly suggests the use of alternative sentencing for juveniles which would better prepare and encourage juveniles to take on a positive role in society.

Currently there are no educational, vocational, or rehabilitation courses available to juveniles in prison. Many of the juveniles reported being students before their arrest and they are presently unable to continue their education, or an opportunity to learn any other trade skills. This reduces their likelihood to reintegrate successfully upon their release and increases their likelihood of being a future criminal justice problem.

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6. As noted above the minimum standard required by the Convention on the Rights of the Child, Art. 1, is that individuals under the age of 18 must be separated from adults, but the Liberian Criminal Code, §34.2 of Title 2, imposes a more stringent requirement of all individuals under the age of 21 being separated from adults.


7. The number of juveniles in each age group: 1 female aged 13 years, 3 males aged 15 years, 5 males and 1 female aged 16 years, 9 males aged 17 years, 1 male aged 18 years, 1 female aged 19 years, and 1 female aged 20 years.


8. The number of juveniles detained for each type of charge consists of 9 charges of theft or burglary, 1 charge of armed robbery, 1 charge of assault and battery, 1 charge of kidnapping, 1 charge of making terroristic threats, 1 charge of rape, 1 charge of sodomy, 6 charges of murder, and 1 individual who has not yet been charged.


9. The Five Star appears to be the ranking inmate in each cell block who acts in some capacity of authority over the inmates in that cell block. It is not clear how the inmate becomes the Five Star.

To read the next section of this article: 4. Monrovia Central Prison: Report from Guards.

To return to the previous section of this article: 2. Monrovia Central Prison: Systemic Problems.

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