The Presiding Judge of the 12th Judicial Circuit Court in Grand Kru County, Judge George Smith, has accused Chief Justice Yamie Quiqui Gbeisay of violating his universal right to health after denying his request for reassignment on medical grounds.
In a detailed written charge delivered by his proxy during the official opening of the November Term of Courts, Judge Smith said he recently underwent a critical medical operation and was unable to physically deliver his Judge’s Charge because of his condition.
“I could not myself physically deliver this Judge’s Charge because I underwent a critical medical operation exactly six days ago,” Judge Smith disclosed.
He explained that prior to his surgery, he appealed to the Chief Justice to assign him to a circuit closer to Monrovia where he could easily access his doctor and a referral hospital.
“I appealed to Mr. Chief Justice to assign me to a circuit near Monrovia where my doctor is, or at least one that gives me access to a referral hospital other than the circuits of Grand Kru, Sinoe, and River Gee,” Smith said.
According to Judge Smith, his request was denied under what he described as the Chief Justice’s “pretext of reforming the Judiciary” and “maintaining work ethics and discipline.”
The Grand Kru presiding Judge, however, asserted that the Chief Justice refused to honor his request.
“He refused to honor my request, apparently under the pretext of bringing reform to the Judiciary and maintaining work ethics and discipline,” Smith said.
Judge Smith further alleged that he reminded the Chief Justice about a refund of US$3,280 that he had personally used to prefinance work at the Civil Law Court in Monrovia, where he previously served.
“I reminded him to have the Judiciary refund my US$3,280 used, with the acquiescence of the Court Administrator, to prefinance some work at the Civil Law Court,” he stated.
Smith said he urgently needed the money to cover his medical expenses and had expected the Judiciary to reimburse him as previously discussed.
“He promised to discuss that request with the Court Administrator and revert to me,” the judge explained. “I informed him I urgently needed this money to underwrite my medical expenses.”
Judge Smith claimed that even after his discharge from the hospital, the Chief Justice showed no empathy and instead demanded a formal written request.
“Knowing that I was about to leave Monrovia for assignment, not even showing the least empathy for my medical condition, he demanded me to write a formal letter to him,” he recounted.
He, among other things described the Chief Justice’s actions as “not a good faith judicial reform” but rather “an excessive abuse of power and an act of oppression.”
“This is not a good faith judicial reform or rebranding of the Judiciary. This is excessive abuse of power, an ardent desire to flex power. This is oppression, suppression, and authoritarianism,” Smith said.
Citing Article 8 of the Liberian Constitution, Judge Smith said the government is obligated to ensure humane conditions for all citizens and promote their health and well-being.
“The Republic shall direct its policy towards ensuring for all citizens humane conditions towards promoting health,” he quoted.
Judge Smith also referenced international law, including provisions under the United Nations Convention on the Right to Health, which prohibit interference with an individual’s access to healthcare.
“The obligation to respect the right to health requires States and their officials to refrain from interfering directly or indirectly with that right,” he said.
Judge Smith warned that any violation of his right to health and that of his family would not absolve the Chief Justice from personal legal liability.
“The violation of my and my family’s universal human right to health will not absolve him from legal liability in his personal capacity in the event I am seriously harmed,” he declared.
