Hassan Kargbo and 7 others v. State of Sierra Leone, ECWICCJIJUD/37124http://www.courtecowas.org/wp-content/uploads/2024/11/ECW-CCJ-JUD-37-24-Hassan-Kargbo-vs-Sierra-Leone_ENG.pdf
Facts:
The applicants’ case was for the Court to find that Sierra Leone violated their right to security of person, right to life and right to an effective remedy, and to order the defendant to pay compensation for the prejudice suffered. The case arose from the events around a protest by youths of a town (Makeni), to express their dissatisfaction with the decision of the Government of Sierra Leone to relocate to another town a generator which provided the town with electricity. In reaction to this protest, officers of the Sierra Leonean army and police cracked down on the demonstrations, using firearms and tear gas on demonstrators or people considered to be demonstrators in many areas of the town.
During the protest, some of the youths were shot dead by the police while others sustained various bullet wounds.
The respondent state did not appear in court and neither did it file any pleadings or exhibits for its defence.
Decision of the Court
The Court reiterated that the right to security of person is a fundamental right protected by numerous international legal instruments, such as the African Charter on Human and Peoples’ Rights, where it is provided for in article 6. This provision, the Court observed, is in line with article 3 of the Universal Declaration of Human Rights, and article 9(1) of the International Covenant on Civil and Political Rights (ICCPR). Accordingly, the Court acknowledged that it is a universal right, which applies to all persons without discrimination, and that States have an obligation to protect this right and to ensure that all persons can fully enjoy their right to a safe and secure life.
The Court further reiterated that this right to security of person provides that everyone has the right to be protected against violence to life, physical and mental integrity, and security of person. Security of person refers to protection against bodily or psychological harm, or against bodily or mental harm. The right therefore protects individuals against any intentional physical or mental harm, whether or not the victim is in custody. The court noted that violations of the right to security of person can take many forms, including physical violence, ill-treatment, torture, unlawful detention, harassment, discrimination, and threats or attempts to harm a person’s physical or mental integrity.
Reminding member States that international human rights law clearly states that law enforcement officers must only use their potentially lethal weapons as last resort, and that when force is used, it must be proportionate to the purpose for which it is used, even in the case of demonstrations not authorised by the competent administrative authority. The Court however found that the respondent state acted contrary to its above obligation in the manner its security agents opened live weapons on unarmed protesting civilians, killing and maiming in consequence.
Accordingly, The Court held that Sierra Leone violated the applicants’ (Hassan Kargbo and Mohamed Fomah) right to security of person.
On reparation, the Court awarded the sum of fifteen thousand dollars (15 000 USD) for each of the two.
