Access to Justice for 500 Women in Sierra Leone

*Fatmata (not her real name) is a petty trader, mother of a 4 years old daughter and presently heavily pregnant. She used to live with her boyfriend who was engaged in selling kush, but he later died after a brief illness. At the time of his death, he left a plastic bag in their home containing a small quantity of Kush unknowing to Fatmata. After sometime following her boyfriend’s death, a team of police officers carried out a raid within their vicinity, and during which time their home was searched. In the process the plastic bag containing the Kush was found; and Fatmata who was present at the time was subsequently arrested and taken to the East End police station where she spent the night.

The following day she was transferred to the Transnational Organized Crime Unit (TOCU) at Hastings. She later spent one month two weeks at TOCU. Whilst there, she was denied food and water, and was also not taken to the hospital for medical checkup as she was already pregnant. She started experiencing complications, and when her health condition started to worsen, she was transferred to the female correctional center at New England in August 2024. It was at the female correctional center that she was then taken to the Dworzark medical center for checkup. She was subsequently charged to court at the Pademba road Magistrate court.

Legal problem
At the inception of her matter, Fatmata appeared in court on numerous occasions without the matter being proceeded with. It was on her 4th appearance in court that AdvocAid’s Duty Counsel took up her case and announced his representation on her behalf. Since then, he has represented her in subsequent court proceedings. Each time she complained about stomach pain, she was taken to the Dworzark medical center for treatment. It was during one of those visits that she was diagnosed to have infections. AdvocAid’s Duty Counsel had made numerous bail applications on her behalf in court, but they were continuously refused by the Presiding Magistrate. Due to Fatmata’s precarious situation, and fearing that her continuous incarceration could have an adverse effect on her health; and especially she being heavily pregnant and could put to bed at anytime, AdvocAid’s Duty Counsel invoked the inherent jurisdiction of the High court of Sierra Leone to admit Fatmata to bail, as a result of an application he filed in the said High court. The application was subsequently granted, and Fatmata has now been released on bail from the female correctional center.

Impact of intervention
Without the robust advocacy and timely intervention of AdvocAid’s Duty Counsel, Fatmata would have continued to languish on remand at the female correctional center, which to all intents and purposes could have culminated into something fatal, considering her present precarious situation.

Conclusion
The case of Fatmata serves as a compelling example of the critical role that AdvocAid plays in ensuring access to justice, particularly for vulnerable women and girls who may otherwise be unfairly treated within the Criminal justice system. However, with the right intervention and advocacy, we can challenge this norm and strive for a more equitable and just society.