Liberia’s Swift Extradition of Former Sierra Leone Police Chief Raises Human Rights Concerns

Left to Right: Liberia and Sierra Leone Presidents

MONROVIA – IN A SURPRISING turn of events on Sunday, August 6, the Government of Liberia apprehended Mohammed Y. Toure, the former Chief Superintendent of Police of Sierra Leone, who had sought refuge in Liberia following allegations of orchestrating a coup in his home country.

SUBSEQUENTLY, SIERRA LEONE’S Government headed by President Maada Bio requested Toure’s extradition and dispatched military personnel to escort him back to Sierra Leone. This incident drew keen attention from Sierra Leoneans, Liberians, and the international community, prompting critical scrutiny of Liberia’s commitment to human rights and adherence to international law.

THE LIBERIAN GOVERNMENT, under the leadership of President George Weah, has consistently touted its dedication to upholding human rights and abiding by international legal standards. However, the swift announcement that Liberia had turned over Toure to the Sierra Leone Government triggered widespread condemnation from various quarters, including the country’s own human rights institution, the Independent National Commission on Human Rights (INCHR).

IN A PRESS release, the Liberian Government justified its decision, citing allegations that Toure was involved in subversive activities aimed at overthrowing the Sierra Leonean government. The Liberian authorities claimed to have detained Toure based on initial investigations within Liberia and assurances from Sierra Leone regarding his right to a fair trial.

THE GOVERNMENT ARGUED that this extradition aligns with domestic laws and international agreements, including the 1986 Non-Aggression Security Treaty between Liberia, Sierra Leone, and Guinea, as well as the 1994 ECOWAS Convention.

HOWEVER, THE INCHR, led by Cllr. Dempster Brown, raised pertinent legal concerns, highlighting the absence of an extradition agreement between Liberia and Sierra Leone. Cllr. Brown asserted that such an extradition, lacking a formal treaty, raises serious legal questions.

CLLR. BROWN INVOKED international legal instruments, including the United Nations Convention against Transnational Organized Crime and the ECOWAS Convention on Extradition, to underscore the gravity of Liberia’s responsibilities. He emphasized that Liberia’s commitment to not returning individuals who fear persecution in their home country must be upheld.

RENOWNED HUMAN RIGHTS lawyer and presidential candidate, Cllr. Tiawan Saye Gongloe, echoed these concerns, expressing fears that the extradition may jeopardize the safety of activists and politicians seeking refuge in neighboring countries.

EXTRADITION AGREEMENTS ARE complex legal arrangements involving crucial considerations:

IS THERE SUFFICIENT evidence to indicate the fugitive’s involvement in a crime?
IS THE ALLEGED crime subject to extradition?
CAN THE FUGITIVE’S identity be verified?
ARE THERE EXCEPTIONS, such as the prohibition of torture?
MOREOVER, INTERNATIONAL NORMS often discourage extradition to countries where the fugitive may face torture or the death penalty.

BEFORE AN EXTRADITION can happen, it requires a legal procedure. The accused should be taken to court and face due process. The judge should be convinced
IN MOST INSTANCES, the process of extradition commences with a formal request from a foreign government. The Ministry of Justice takes the initiative by presenting a formal complaint to a magistrate or judge within the jurisdiction where the individual in question is believed to be residing. This judicial authority then issues an arrest warrant for the suspect.

ONCE THE INDIVIDUAL is apprehended and under custody, a judicial hearing is convened. During this critical phase, the presiding judge assesses the extradition request put forth by the foreign government, ensuring its alignment with the host country’s treaty obligations to that particular government. Furthermore, the judge reviews the extradition laws of their nation, weighing the evidence furnished by the foreign state to ascertain its sufficiency in substantiating the alleged criminal charges.

SHOULD THE JUDGE ascertain that all stipulated criteria have been satisfied, they proceed to endorse the extradition request and transmit it to the Ministry of Foreign Affairs for appropriate action.
IN LIGHT OF these established extradition protocols, the question arises: Were all these procedural steps meticulously followed in the case of Mohammed Y. Toure?

THE SWIFT EXTRADITION of Toure has raised questions about Liberia’s commitment to international human rights obligations and its duty to protect individuals fleeing persecution. The move has ignited concerns over the impact on democratic freedoms, particularly for people seeking refuge from political strife.

K-NEWS CALLS ON the Liberian Government to clarify the existence of an extradition treaty with Sierra Leone and explain how non-aggression agreements apply to extradition cases involving individuals seeking refuge. These critical inquiries prompt reflection on whether the extradition was in line with Liberia’s commitment to international law and human rights, or whether it undermined these principles.

IN THE SPIRIT of transparency and upholding the rule of law, we urge the Liberian Government to address these pressing concerns and reaffirm its dedication to safeguarding human rights and international legal standards.