Kakata, Margibi County – The persistent issue of overcrowding in Liberia’s prison system has reached a critical point, with the Kakata Central Prison now under intense scrutiny due to its severe overpopulation.
This dire situation has prompted Judge C. T. Ciapha Carey of the 13th Judicial Circuit Court in Kakata, Margibi County, to advocate for a significant reduction in the rate of arrests for minor offenses.
At the opening of the August 2024 term of court, Judge Carey delivered a sobering message about the state of Prisons the Kakata Central Prison, revealing that the facility is currently housing 204 inmates—162 of whom are detainees, and 42 who have been sentenced.
Among the detainees, four are women, with the remaining 158 being men. The judge highlighted that the overcrowding has led to some inmates being forced to sleep in the prison’s restrooms, a stark indication of the inhumane conditions within the facility.
Judge Carey’s remarks underscored the urgent need for judicial officers, particularly Associate and Stipendiary Magistrates, to exercise discretion when issuing warrants for arrest, especially in cases involving minor offenses. “When a warrant of arrest is issued, the defendant is either required to file a bond or face incarceration,” he explained. “Given the current overcrowding, it’s imperative that we explore alternative measures for handling minor cases.”
According to Liberia’s Code of Conduct, a magistrate or justice of the peace may issue a warrant of arrest if there is justifiable fear of a crime being committed. However, Judge Carey emphasized the importance of employing the covered system—an alternative legal mechanism—rather than resorting to immediate arrests for minor infractions. He believes that this approach could significantly reduce the overcrowding crisis at the Kakata Central Prison.
The judge also called on prosecutors to make regular visits to the prison, ensuring that pre-trial detainees are swiftly brought to trial. He stressed that the judiciary’s independence and adherence to the rule of law are fundamental to maintaining the fairness and integrity of Liberia’s legal system. However, Judge Carey did not shy away from addressing the broader issues plaguing the judiciary, such as political corruption and weaknesses within the legal framework, which he argued compromise the effectiveness of the courts and erode public trust.
Judge Carey’s appeal for a more judicious approach to minor offenses was echoed by Margibi County Attorney H. Deddeh Jomah Wilson, who delivered a passionate welcome statement during the court session. She praised Judge Carey for his emphasis on upholding the rule of law and warned that the judiciary must remain impartial, free from the influence of political power. “No matter the situation, justice must prevail, and those found guilty must be held accountable,” she declared.
Attorney Wilson also pointed to the lack of adequate prison facilities and the government’s failure to construct additional buildings to accommodate the growing inmate population. She noted that the court has no choice but to send convicted individuals to the overcrowded prison, as there are no alternative detention centers. Moreover, she highlighted the severe shortage of judges at the 13th Judicial Circuit Court, which, despite handling a wide range of cases—including drug offenses, rape, armed robbery, and land disputes—operates with only a single judge.
“Your Honor, whenever you have the opportunity, let us advocate for this 13th Judicial Circuit Court,” Attorney Wilson urged. “We are behind the times, and having just one judge in the court is no longer sufficient.”
The 13th Judicial Circuit Court of Margibi County holds original jurisdiction over all cases within its purview, including those related to admiralty law. The court also hears appeals from administrative determinations made by government agencies and officials, as well as from decisions of lower courts within the county. The court convenes quarterly, with sessions beginning on the second Monday of February, May, August, and November.
As the August term progresses, the call for judicial reform and better prison conditions in Margibi County grows louder. The overcrowding crisis at the Kakata Central Prison is not just a local issue but a reflection of systemic problems that require urgent attention from all branches of government.
The situation at the 13th Judicial Circuit Court raises a red flag, stressing the need for meaningful changes to ensure that justice is administered fairly and humanely across Liberia.
