SLE 001 / 0805 / OBS 061
Assault / Death
Brief description of the situation:
The Observatory has been informed by the Forum of Conscience (FOC) about the death of Mr. Harry Yansaneh, former Acting Editor of the independent newspaper For di people, member of the Sierra Leone Chapter of Amnesty International and of the National League for Human Rights.
According to the information received, on May 10, 2005, Mr. Harry Yansaneh was beaten in his office in Freetown by a group of allegedly hired thugs and family members of Mrs. Fatmata Hassan, a Member of Parliament for the ruling Sierra Leone People’s Party (SLPP), a newly appointed member of the Parliament of the Economic Community of West African States (ECOWAS), as well as landlady of the building housing For di people. The group reportedly threatened to kill Mr. Yansaneh, and violently beat him, which resulted in excessive bleeding. They also vandalised the equipment of For di people when they sought to forcibly evict the newspaper from the office it had occupied over the last ten years. These events reportedly took place because of the criticism of the government the newspaper had regularly made.
On May 11, 2005, Mr. Yansaneh received medical treatment from the police doctor, but his health deteriorated a few weeks after. In early June he was admitted for eight days at the Cupid Hospital, in Freetown, and again on July 18, 2005, where he died on July 28, 2005. Although the official report on the reason for his death has not been made public yet, Mr. Harry Yansaneh reportedly died of kidney problems, probably due to complications from injuries sustained from his beating.
After his assault, Mr. Harry Yansaneh made a formal report to the Central Police Station in Freetown, and about a week after these events the Sierra Leone Association of journalist (SLAJ) made a formal complaint to the Ombudsman of Sierra Leone, Mr. Francis Gabidon, who referred the matter to the Speaker of Parliament for speedy investigation and appropriate actions. However, either the police or authorities failed to take necessary actions, although according to laws of Sierra Leone, the matter should have already been brought to Court.
According to the information received, on August 1, 2005, Mrs. Fatmata Hassan was invited by the Criminal Investigations Department (CID) of the Sierra Leone Police to make a statement on the circumstances surrounding Mr. Harry Yansaneh’s death, after which she was given police bail. According to the Law Officers Act of 1965 section 2 subsection 9, the Police had to inform the Attorney General before inviting the Parliamentarian.
Actions requested:
Please write to the authorities of Sierra Leone and ask them to:
i. Conduct a fair, impartial and independent inquiry into Mr. Harry Yansaneh’s death, in order to identify the perpetrators, bring them to justice and pronounce sentences proportional to the gravity of their crime;
ii. Ensure that Mr. Harry Yansaneh’s family receives adequate compensation;
iii. Guarantee under all circumstances the physical and psychological integrity of all human rights defenders in Sierra Leone;
iv. Comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels”, its article 9.3 (a), which provides that everyone has the right “to complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay”, and its article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Republic of Sierra Leone.
Addresses:
Mr. Alhaji Dr. Ahmad Tejan Kabbah, President of the Republic of Sierra Leone and Minister of Defence, President Lodge, Hill Station, Freetown, Republic of Sierra Leone, Tel: +232-22-232101 / + 232 22 234 004; Fax : + 232 22 231 404 / 234 004, Email: info@statehouse-sl.org
Mr. Momodu Koroma, Minister of Foreign Affairs and International Cooperation, Ministry of Foreign Affairs, Freetown, Republic of Sierra Leone, Fax: + 232 22 225 615
Prof. Septimus M. Kaikai, Minister of Information, Ministry of Information and Broadcasting: Fax: + 232 22 235512, Tel: + 232 22 240 911
Mr. F.M. Carew, Attorney General and Ministry of Justice, Guma Building, Freetown, Republic of Sierra Leone, Tel: + 232 22 229 303, Fax: c/o President Fax
Mr. Francis A Gabbidon, Ombudsman, Government of Sierra Leone, 84 Dundas Street, Freetown, Republic of Sierra Leone, Fax: + 232 22 224 509 / 224 439
Permanent Mission of the Republic of Sierra Leone to the United Nations in New York, 245 East 49th Street - New York, NY 10017, USA, Tel: + 212 688 1656 / 6748; Fax: + 212 688 49 24, Email: sierraleone@un.int or sierraleonemission@verizon.net.
Please also write to the embassies of the Republic of Sierra Leone in your respective country.
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Geneva-Paris, August 3, 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
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