Inspector-General of Police vs. Mahmoud Tarawallie

LAWYERS is concerned about the way the alleged rape incident involving the former Deputy Minister of Education has been reported by certain sections of the media. LAWYERS deplores recent newspaper articles and radio discussion programmes that have disclosed the name, photograph and other personal details of the alleged victim  and also made disparaging comments clearly meant to mock and humiliate her as well as jeopardise her safety. Such reporting is not only a breach of the IMC’s media code of conduct but is also unethical and unacceptable in a civilised society.

Rape is recognised around the world as a serious violation of national and international law that has huge negative impact on the individuals, families, communities and nations in which it occurs. There is therefore global agreement that allegations and reports of rape and other sexual assault must be dealt with in an impartial and professional manner by all stakeholders including Journalists as well as by the public.

LAWYERS is aware that this case has provoked great public interest because the Accused is a former government minister.  However, we should all recall that both the  alleged victim and the alleged perpetrator have rights to safety, privacy and equal protection by the law that are guaranteed by our 1991 Constitution and these rights that must be respected. LAWYERS therefore urges members of the broadcast, print, electronic and social media to desist from commenting publicly on the merits of this case particularly as the matter is now before a competent court of law.

LAWYERS wishes to draw the public’s attention to the relevant legal position as follows:

• Under section 41 of the Sexual Offences Act 2012, it is an offence for anyone to publish or make public information that has the effect of identifying a person who is a victim of an offence under the Act. Rape and indecent assault are offences under sections 6 and 7 respectively of the said Act.
• Furthermore, under law an Accused person is presumed innocent until proven guilty by a competent court.
• Finally, persons commenting publicly on a matter before the courts can be found to be in contempt of court and may be sent to prison to purge the contempt.

LAWYERS therefore asks every member of the public to observe these fundamental legal principles and allow the law to take its course. It is the work of the criminal courts to hear the evidence and take a decision in this case; LAWYERS implores the public and media to refrain from passing judgment on anyone in this case.

Mindful that women in this country are generally in a position of great disadvantage and need the force of law to safeguard their interests, the Government and Parliament of Sierra Leone have enacted the Domestic Violence Act 2007 and the Sexual Offences Act 2012 to protect women in Sierra Leone.

LAWYERS wishes to thank the Family Support Unit of the Sierra Leone police for handling this matter in a professional and prompt manner.

LAWYERS calls on the police, Ministry of Social Welfare, Gender & Children’s Affairs and the courts to provide the alleged victim with the necessary protective measures to ensure that she is safe and able to seek redress through the criminal justice system as she is entitled to do.

THANK YOU

LEGAL ACCESS THROUGH WOMEN YEARNING FOR EQUALITY RIGHTS AND SOCIAL JUSTICE

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