By Joe Turay
The continued detention and prosecution of social media personalities and government critics, including Zainab Sheriff and Mombasa, has reignited concerns over freedom of expression and civil liberties in Sierra Leone.
Regardless of political affiliation, every citizen has the right to express opinions, criticize public officials and participate in public debate without fear of arbitrary arrest or prolonged detention. Democracies are strengthened; not weakened; when governments tolerate criticism and respond with transparency rather than criminal sanctions.
Freedom of expression is protected under Sierra Leone’s Constitution and by international human rights treaties to which the country is a party. Article 19 of the Universal Declaration of Human Rights states that everyone has the right to freedom of opinion and expression. Similarly, Article 19 of the International Covenant on Civil and Political Rights (ICCPR) protects the freedom to seek, receive and impart information and ideas of all kinds, subject only to limited restrictions that are provided by law and are necessary to protect legitimate public interests.
The African Charter on Human and Peoples’ Rights also guarantees the right to receive information and freely express opinions within the law.
These protections do not place anyone above the law. Where there are credible allegations that an individual has committed a recognizable criminal offence, the authorities are entitled to investigate and, where appropriate, prosecute.
However, such proceedings must comply with due process, respect the presumption of innocence and avoid becoming a tool to silence peaceful criticism or dissent.
The repeated arrests of outspoken critics have raised concerns among sections of civil society, opposition supporters and human rights advocates about whether Sierra Leone is providing sufficient space for open democratic debate.
Those concerns deserve careful consideration and, where appropriate, independent scrutiny.
Public confidence in the justice system depends on its independence, impartiality and adherence to the rule of law. Courts must not only be independent; they must also be seen to be independent.
Allegations of political influence over judicial proceedings are serious and should be addressed through transparent legal processes and institutional accountability.
Without credible evidence, however, such allegations should not be treated as established fact.
The government has previously maintained that law enforcement agencies act in accordance with the law and that arrests are based on alleged criminal conduct rather than political opinion.
At the same time, the authorities have an obligation to ensure that the rights of all detainees are respected and that legal proceedings are conducted fairly and without unnecessary delay.
The measure of a democracy is not how it treats those who praise the government, but how it treats those who criticize it.
If Zainab Sheriff, Mombasa and others are being held solely for peacefully expressing their opinions, they should be released promptly.
If they face recognizable criminal charges, they are entitled to a fair, independent and timely hearing consistent with Sierra Leonean law and the country’s international human rights obligations.
Protecting freedom of expression is not a favour bestowed by any government. It is a constitutional guarantee and an internationally recognized human right. A confident democracy does not fear criticism; it answers it.
