REPORT OF INDEPENDENT INVESTIGATION PANEL ON THE 9TH

 REPORT OF INDEPENDENT INVESTIGATION PANEL ON THE 9TH SEPTEMBER 2011 INCIDENT IN BO SEPTEMBER 2011 BY THE INDEPENDENT INVESTIGATION PANEL 11
The Independent Investigation Panel C/o Campaign for Good Governance 11a Old Railway Line Tengbeh Town Freetown His Excellency the President, Dr Ernest Bai Koroma State House, Freetown 30th September 2011 Dear Sir, Submission of the final report of the Investigating panel on the September 9th 2011 incidents in Bo We thank you and the principals of our various institutions for affording us the opportunity to contribute to the well being of our country. Sir, as you instructed in the meeting on Saturday 10th September 2011 the Investigating Panel set to work to find out about the stoning of the SLPP Flag‐bearer, the burning down of buildings and the shooting and injuries sustained on the 9th September 2011 in Bo. It was a challenging exercise, and under normal circumstances we would have asked for an extension of the two week deadline. However we were mindful that the nation was eagerly awaiting this report. Your Excellency we now present our findings to you, along with recommendations which we kindly request that you pay special attention to. Lastly sir we kindly request your permission to make the report public. Please be assured of our highest considerations. Kelvin Lewis Chairman SLAJ Sayoh Kamara SLAJ Valnora Edwin Secretary CGG 2 Marcella Macauley CGG Rev. Canon Adjayi‐Nicol IRC‐SL Sheik Abubakarr Conteh IRC‐SL Al Sankoh Conteh CSM Hannah Gillen CSM Alimamy S. Marah ONS Lucien Momoh Admin/Logistics PPRC Robert Paine PPRC Sheku B. Sesay NFF CSP A. Karrow‐Kamara Head of CID SLP 3 Table of Contents 1.
2.
3.
4.
5.
6.
Acronyms Executive Summary Background Operational Plan Overview Findings Conclusion Recommendations 4 ACRONYMS/ABREVIATIONS AIG Assistant Inspector General APC All Peoples Congress ASP Assistant Superintendent of Police BGH Bo Government Hospital Brig Brigadier CGG Campaign for Good Governance CID Criminal Investigation Department CSM Civil Society Movement CSP Chief Superintendent of Police DISEC District Security Committee DO Discipline Officer Dr. Doctor Hon. Honourable IRC‐SL Inter‐Religious Council Sierra Leone LUC Local Unit Commander MIA Minister of Internal Affairs NDA National Democratic Alliance NFF National Fire Force ONS Office of National Security OPS Operations OSD Operational Support Division PC Paramount Chief PMDC Peoples Movement for Democratic Change PPRC Political Parties Registration Commission 5 PROSEC Provincial Security Committee Rtd. Retired SLAJ Sierra Leone Association of Journalists SLP Sierra Leone Police SLPP Sierra Leone People’s Party SOC Scene of Crime UN United Nations UPA Urgent Personal Affair 6 EXECUTIVE SUMMARY On Friday 9th September 2011, the flag bearer of the Sierra Leone People’s Party (SLPP) Brigadier (Rtd.) Julius Maada Bio was on a ‘Thank You Tour’ in Bo when he was hit on the head by a stone resulting in a head injury. The incident led to the burning of buildings, shooting and wounding, and the death of a motor bike rider. On Saturday 10th September 2011 His Excellency the President Dr. Ernest Bai Koroma convened a meeting at State Lodge attended by heads of the security services and Civil Society leaders. The President ordered the setting up of an Investigative Panel with a two week mandate to look into the stoning of Brig. Rtd. Maada Bio, the burning down of buildings, the shootings, injuries and death. The Investigating Panel set to work on Monday 12th September 2011 and moved to Bo where witnesses were listened to and suspects interviewed. It was established that the SLPP “Thank You Tour” procession in Bo was legal and authorised. The Panel found out that the stoning was carried out by APC youths, and the burning down of buildings were carried out by supporters of the SLPP. The shootings were done by the OSD personnel in Bo and it resulted in one dead and twenty three people injured including two police personnel. The stabbing of the APC Regional Chairlady South was also identified. The Panel also found out that senior police officers of Bo Police Division were out of station and there was no operational plan. Key recommendations were made with regards the operations of the Police, political party activities, role of the media and civil society amongst others. 7 1. BACKGROUND On Friday 9th September 2011, it was reported that the flag bearer of the Sierra Leone People’s Party (SLPP) Brigadier Rtd. Julius Maada Bio was stoned on the head resulting in a head injury. This allegedly led to rioting in the Bo Township, burning down of the All People’s Congress Party (APC) office, the residence of the APC District Chairperson, Mr. Sheik Sahid Sillah, and the office of ‘Di Pa E Yai”. Shootings also erupted which allegedly resulted in the death of a bike rider and the injury of a number of persons. Consequently, on Saturday 10th September 2011, the President, Dr. Ernest Bai Koroma convened a meeting at State Lodge comprising the Inspector General of Police, the Chief of Defence Staff, The Chairman of the Political Parties Registration Commission, the Ministers of Defence and Internal Affairs, the President of the Sierra Leone Association of Journalists, the National Coordinator Office of National Security, the Executive Director Campaign for Good Governance, the Chief Fire Officer National Fire Force, the Chief of Staff State House, the Secretary to the President amongst others at which the above issues were discussed. Subsequently, the President directed that an Independent Investigation Panel be constituted with immediate effect with an evidence‐led mandate to investigate and provide a report on the following areas. a. The stoning of the Sierra Leone People’s Party flag bearer Brigadier (Rtd.) Julius Maada Bio. b. The burning down of buildings in Bo. c. The shootings resulting in the death of an individual and the injuries of a number of persons. d. Any other related Issues. The aim was to ensure prosecution and also proffer recommendations that could forestall any future occurrence of this nature in any part of the country within two weeks (12th to 26th September 2011). A. Composition of the Panel •
•
•
•
•
The following organizations constituted the Panel: The Sierra Leone Police (SLP) The Office of National Security (ONS) National Fire Force (NFF) The Political Parties Registration Commission (PPRC) Campaign for Good Governance (CGG) 8 •
•
•
The Sierra Leone Association of Journalists (SLAJ) The Inter‐religious Council – Sierra Leone (IRC‐SL) Civil Society Movement (CSM) 2. OPERATIONAL PLAN It was agreed that Mr. Kelvin Lewis of SLAJ serves as the Chairperson, Mr. Lucien Momoh of the PPRC in charge of Administration and Logistics and Ms. Valnora Edwin of CGG as Executive Secretary and the investigations were led by Head of the Criminal Investigations Department (CID), Chief Superintendent of Police (CSP) Alfred Karrow‐Kamara. The panel agreed on the following; a. Signing of the Terms of Reference b. Visit to Brig. Rtd. Julius Maada Bio at his Freetown residence. c. To pay visits to local and political authorities in Bo township as a confidence building measure to explain the Panel’s mandate and solicit their support in ensuring public cooperation in providing appropriate information that could enhance the work of the Panel and ensure its success in lieu of its stated mandate. The panel visited: o
o
o
o
o
o
The Paramount Chief, the Resident Minister South, the Mayor, Bo City Council The Assistant Inspector General of Police, Southern Region. All functional political parties ‐ PMDC, SLPP, APC and NDA. Civil Society Organizations, South. After these confidence building courtesy calls the group embarked on the following activities: d. Visited and established contacts with the injured admitted at the Bo Government Hospital (BGH). e. Visited the crime scenes and collected evidence. f. Conducted interviews, and obtained statements from witnesses and victims including those admitted at the hospital (BGH). g. Witnessed the exhumation and examination by the consultant pathologist Dr S.O. Koroma. h. Entertained appropriate Information from the general public as sources of useful leads for the investigators. 9 i.
j.
Solicited recorded evidence in the form of video clips, audio recordings, pictures etc. from reliable public sources. A Press Release was issued admonishing the media against publishing and broadcasting judgmental commentaries related to the 9th September 2011 incident in Bo. The Panel agreed on the following guiding principles; • Adherence to the Terms of Reference • Ensuring witness protection as an integral part of the process • Ensuring confidentiality, objectivity and professionalism throughout the investigation. 3. OVERVIEW The incidents of Friday 9th September 2011 in Bo did not just happen. It was a combination of factors before, and during the ‘Thank You Tour’ of Brigadier (Rtd.) Julius Maada Bio which sadly led to the death of one person. a. The Build Up – “Fire for Fire” On Thursday 8th September 2011 at the District Security Committee (DISEC) meeting in Bo, the Deputy Mayor was captured in the minutes of the meeting thus:‐ The Deputy Mayor informed the Committee of the visit of the SLPP Flag Bearer Rtd. Brig. Julius Maada Bio on 9th September, 2011 and in addition, he revealed that they have been reliably informed that the Minister of Internal Affairs – Hon. Musa Tarawally will be in Bo on Thursday, 8th September, 2011. He went further to express that the minister’s presence at the time of the flag bearer’s visit may have the tendency to repeat the KONO crisis. The presence of the MIA he said was a security threat and that the SLP strength on the ground was not enough to neutralise it. He intoned that they will take nothing for granted and any resistance will be met with equal resistance (in his words, “fire for fire”). This information was said to have come in timely and must be treated with utmost seriousness. (DISEC minutes of meeting 8th September, 2011 on page 4 of 5) Confronted as to why he made such a statement, Deputy Mayor Joe Pyne said that at a meeting in State House on Tuesday 6th September 2011 where the ceremony for the signing of performance contracts took place, the Minister of Internal Affairs (MIA) Musa Tarawally told him that he would be in Bo on Thursday 8th September 2011. Furthermore, Pyne said he had overheard Member of Parliament and head of “De Pa E Yai” Hon. Legacy Sankoh insinuating over Kiss 104 radio that “if it were in Bo the incident that 10 happened in Kono (where the Minister of Internal Affairs was allegedly attacked by irate youths and shots were fired) would not have happened.” As a result Pyne said knowing the MIA and his association with violence and further recalling the incidents in Kono he had a premonition of danger. This is why he said he made the statement so that proactive measures would be put in place. Questioned what the Police officer representing the SLP in the meeting did after the “threat” information was relayed, Deputy Mayor Pyne said the ASP Crime John Sesay assured the meeting that all modalities have been put in place and everything was under control. When questioned about his statements over radio alluded to by Deputy Mayor Pyne, Hon. Legacy Sankoh stated that he was replying to a previous statement made over the radio by the Resident Minister Moijueh Kaikai and had nothing to do with the visit of the SLPP flag bearer to Bo. b. MIA’s Presence The Minister of Internal Affairs (MIA) Musa Tarawally is not trusted by members of the SLPP. Several of them who spoke to the investigating panel expressed fears that the MIA was capable of perpetrating violence. Therefore it became clear that the mere information of the MIA visiting Bo during the period when the SLPP Flag bearer was on a ‘Thank You Tour’, served to increase the political temperature. Only one witness confirmed on record that he positively saw the MIA in Bo on Friday 9th September 2011. Other possible witnesses were too scared to go on record about the MIA’s presence and his alleged activities. When confronted the MIA denied having spoken to Deputy Mayor Joe Pyne of Bo City Council and that he was never in Bo on Thursday 8th September 2011. The MIA recalled that he was last in Bo on the 20th August 2011. The MIA confirmed that he personally knew Mohamed Conteh alias Bomb‐blast, Mohamed Koroma alias Rati, and explained that they were in the APC office before he (MIA) became an APC member and Resident Minister South. The MIA stated that he had an early warning signal that there were plans to set him up. These issues need to be further investigated. 11 c. The Boys Stationed as caretakers in the APC office 82 Mahie Boima Road were a group of boys among who were Mohamed Conteh alias Bomb‐blast, Mohamed Koroma alias Rati, Ibrahim Conteh alias Shakur and Abdulai Tarawally. On Wednesday 7th September 2011 they ordered their wives to collect stones, as one of the wives allegedly said in Krio: “da useless man dey cam” – meaning: the useless man is coming. Bomb‐blast was seen carrying a catapult which was described as yellow in colour (of the wooden handle) and red at the back. They were reportedly very hyper; smoking cannabis sativa and had dressed up with knives hanging from the sides of their trousers and a pistol was seen in the hands of one of them, who quickly hid it. On Thursday 8th September 2011 they held a meeting in the afternoon, inside the APC office where it appeared to the witness that something was in the air. On the morning of Friday 9th September 2011 two women wearing green were subsequently molested by these boys when passing in front of the APC office. In the afternoon when the procession was passing they came out into the streets and were seen standing on the junction with their red attires, and at some point wrestling with the Police. The APC Regional Chairlady South Zainab Mansaray was in the premises of the APC Office among the youths and cooking for them. d. Media build up During a discussion program on Radio Kiss 104 on September 8th 2011 threats to disrupt the visit were voiced. It was alleged that some people wanted to wear Maada Bio T‐Shirts and cause trouble. Others were warned against holding contrary banners calling for a running mate and others still were said to be calling SLPP stalwarts using unregistered sim cards and abusing them. Also the route was clearly read out along with the program of events. e. SLPP/SLP build up On the 29th August 2011 the SLPP District Secretary Mohamed Allie wrote to both the Paramount Chief Prince Lappia Boima IV of Kakua Chiefdom and Local Unit Commander Theophilus Senesie informing them that their Presidential flag bearer would be making a maiden visit to say thanks to his party supporters. The letter was asking for permission to process, and police coverage. The SLPP also wanted to pour libation at their party office, hold a public meeting at Coronation field, and radio 12 discussion. The request was later accompanied by a mapped out procession route on the morning of the procession. On the 1st September 2011 Paramount Chief Prince Lappia Boima IV responded to the request by granting clearance, and a copy was sent to the LUC. The LUC Theophilus Senesie in turn wrote acknowledging receipt of the SLPP application, and granting security clearance whilst warning them of the 1965 Public Order Act. While all this was going on the LUC also wrote another letter to the Regional Commander of Police South, Assistant Inspector General of Police David Sesay asking for two weeks leave to attend to Urgent Personal Affairs (UPA) covering the period 4th to 17th September 2011. On Sunday 4th September 5 days before the planned visit for Brig. Rtd. Maada Bio, the LUC, his Support Officer and Operations Officer all left Bo to attend a seminar at the Police training School. These are the three officers who should sit down and plan police presence for such a visit. So the LUC appointed the Crime Officer ASP John Sesay to act on his behalf. ASP John Sesay says he was asked to do only administrative work of the LUC. He told the panel that he called the LUC to ask about plans for the Maada Bio visit and was told everything was in place. When the LUC was confronted with this allegation he denied. APC District Chairman Sheik Sillah told the panel that he had informed the AIG South that he had heard threatening remarks that on the 9th September 2011 that the offices of APC, De Pa E Yai and his house will be burnt down and himself killed. When the AIG was asked he intimated that Sheik Sillah only told him about an influx of people into Bo City and not about threats to burn down buildings. On Friday September 9th 2011 the morning of the visit the Assistant Inspector General (AIG) of Police South David Sesay says he called the OSD Commander and the SLPP representatives to a meeting in his office where they planned and agreed on the security detail for the convoy. AIG David Sesay says they agreed that 10 unarmed general duty police officers would be close to Bio’s vehicle and one van load of OSD will be in front as the lead vehicle while another van load with 25 OSD will be at the back. Asked whether they agreed on the route he said no. However SLPP District Secretary Mohamed Allie who was accompanied by SLPP Member of Parliament Constituency 68 Rado Yokie claimed they discussed the route and it was approved. AIG South claimed he monitored the progress of the convoy from Mile 91 on to Kebbie town in Bo. 13 f. Tour Party arrives in Bo Video footage showed Maada Bio in Mile 91 where he was closely guarded by armed OSD personnel during his entire sojourn in the area. His visits to Moyamba junction and Taiama were equally without incident. The tour party arrived in Bo and was met with a large crowd at Kebbie town near Bo City. According to the estimates of the AIG, it was around 10 to 15 thousand people. Jacob Saffa who was in the vehicle with Maada Bio put the crowd at between 100 to 150 thousand people. g. The Stoning After passing the People’s Movement for Democratic Change (PMDC) office along Mahei Boima Road, youths dressed in red on the right side of the road nearby the APC office struggled with the Police who were bent on keeping them away from the street where the procession was going on. The first stones reportedly came from within the group of APC youths standing by the street. And suddenly stones started raining from the angle of the APC office and within the SLPP crowd. Witnesses say that Mohamed Conteh alias Bomb‐blast used a catapult to launch the stone at the convoy. Other witnesses say the first stone came from within the APC group and subsequent stones aimed at the convoy. The Police were now caught in the middle at first trying to prevent the APC group from getting into the street and when the retaliatory stoning was coming from the SLPP crowd the police then switched to trying to stop the SLPP crowd from going after the APC boys. Caught in the middle the SLPP crowd then turned on the police who then seeing they were outnumbered quickly disappeared. The general duty police alongside Bio’s vehicle also disappeared. h. Bio’s wound When the stones started raining Maada Bio who was standing through the sun roof of the Range Rover AFR‐595 allegedly quickly tried to sit down to avoid the stones. According to him upon trying to duck inside the sun roof, he felt an object hit his head and when he put his hand on the spot, there was blood streaming down. Jacob Jusu Saffa who was riding in the car with him said that when he saw the first few stones he told Maada Bio to sit down and that whilst he was trying to sit down that the stone hit him. 14 Video clips show blood oozing from the wound on his head and Bio holding a white blood soaked towel to his head. Jacob Jusu Saffa says they then rushed to Dr Yillah’s hospital for treatment. Dr Yillah says he treated Bio for a star shaped wound on his head and three interrupted stitches were administered with two stitches on either side of the star. Video clips showed Bio on the operating table in the hospital while treatment was being administered. Bio was ordered to rest for two hours. Jacob Jusu Saffa says they heard about the shooting in town and decided that Bio should go and make an appeal for calm at the Coronation grounds where he had earlier been scheduled to address supporters. Bio then went to the coronation grounds addressed the crowd and retired to J&E guest house along New Koribondo Road. Bio complained that during all this period the police were nowhere to be seen. i. Burning As the stone throwing SLPP youths outnumbered the police at the APC office the police disappeared on to the main Mahei Boima road. Soon after witnesses say they saw Alias Bawwao, Alhaji (Alias Tapet), Hon. Foday Rado Yokie, Kenneth Coker, Keifa Avayama, Kanneh (UCC Teacher), Daniel Amara (Mines Bo), Mustapha Massaquoi, Patrick Zombo and others, pour petrol and set the APC office buildings (3) on fire. Witnesses say this same group most of whom were dressed in green, then moved to Sheik Sillah’s (APC District Chairman) house and set it on fire. The group again allegedly moved to the office of “De Pa E Yai” and also set it on fire. SLPP stalwarts were seen in possession of fuel which they used to burn the houses. j. Shooting, Wounding and Death In a bid to control the crowd and restore law and order OSD personnel fired tear gas and live bullets in the air. This did not stop the irate youths from stoning them. OSD officers then fired straight at civilians some of whom were sending stones at them. 23 people were initially treated at the Bo Government Hospital including 2 police officers but only 9 were for bullet wounds. Witnesses say that the motor bike rider pleaded not to be shot before he was shot and killed by an OSD officer who was widely known as ‘White boy’ (Steven Bockarie Mansaray). 15 In the evening at J&E guest house Bio says his team had to call on the UN for security because the SLP were nowhere to be seen. He alleged that some people had rumoured that he will be attacked again in the night. UN during their night patrols in the region visited Bio and observed there were gaps in his security so the Maada Bio team and the AIG discussed in the presence of the UN and 10 OSD personnel were provided as guards for the night. Without any incident in the night, Bio left the following day 10th September 2011 for Kenema. They apparently cut short their tour and returned to Bo where he made a statement before leaving for Freetown on Sunday 11th September 2011. 16 4. KEY FINDINGS During the Course of the Investigation the following Key Issues were identified a. Legality of the Procession It has been established that on the 29th August 2011 the SLPP District Secretary Bo Mr. Mohammed E.K Alie wrote a letter to the Paramount Chief Kakua Chiefdom Bo PC Prince Lappia Boima the fourth and the LUC Bo Police Division Mr. Theophilus Senesie requesting for clearance and Police coverage for a procession, Pouring of libation at the Party office and a public meeting at the coronation field in Bo; in respect of the visit of the flag bearer elect of the SLPP Rtd. Brig Julius Maada Bio on Friday 9th September 2011. In response to that request, the Local Unit Commander for Bo District Mr. Theophilus Senesie who was in a workshop in Freetown instructed his chief clerk to issue security clearance and to provide security for the visit of Rtd. Brigadier Julius Maada Bio, whose letter was dated 9th September 2011. It has also been observed that on the 9th September 2011 the SLPP presented the route for the procession to the Police. This Panel has established that the Procession was legal and authorized. b. Wounding of the SLPP Flagbearer Brigadier Rtd. Julius Maada Bio It has been established that during the course of the investigation the SLPP Procession arrived at the vicinity of the PMDC and APC offices along Mahei Boima Road Bo at about 1500hours on the 9th September 2011. It has also been established that when the Procession arrived at the PMDC office, the flag bearer was standing through the sun roof of the vehicle where he waved to the people who were standing in the compound of the PMDC office. It has also been confirmed that the procession was peaceful up to the point when they arrived at the vicinity of the APC office. It was at that point that the first sets of stones were pelted at the procession from the direction of the APC office. It has been confirmed that the following people Mohamed Conteh Alias Bomb Blast, Alias Bobby APC and Lamin Alias Shakur were among the people throwing stones. The investigation has confirmed that the SLPP flag bearer Brigadier Rtd. Julius Maada Bio was hit on the head by a stone released by a catapult by Mohamed Conteh Alias Bomb Blast. This stone that hit the SLPP flag bearer’s head resulted in wounding and oozing of blood from his head. Additionally, this wounding has been confirmed from three source Eyewitnesses, Video clip of the procession, medical reports from Dr. M.B Yilla of Kindoya Hospital No.1 Prince Williams Street Bo, Dr. Patrick Bankah (Ghana) and Dr. Rashida Kamara . It has also been confirmed that after the SLPP flag bearer was hit and wounded on his head stones started 17 coming from the SLPP Procession towards the APC office. Damage on the rear screen of the vehicle the flag bearer was also confirmed. Evidence adduced so far has confirmed that on Friday 9th September 2011 about thirteen (13) people were found behaving in a riotous manner and throwing stones within the vicinity of the APC office in Bo along Mahei Boima Road Bo. The thirteen (13) suspects are as follows: 1. Amadu Mansaray 2. Osman Mansaray 3. Alhaji Abdulai Sesay 4. Ibrahim Conteh (alias Shakur) 5. Junior Sillah 6. Bockarie Baimba 7. Osman Jalloh 8. Mohamed Conteh (alias Bomb Blast) 9. Mohamed Koroma (alias APC Ratti) 10. Mohamed Massaquoi 11. Alhaji (alias Evil Nya‐Nya) 12. Abdullai Bangura 13. Shaka Kamara Riotous conduct 2 That at about 17 00hrs of Friday 9th September 2011 along Fenton Road in Bo police personnel had cause to fire to disperse a riotous crowd that was heading for the Bo Police Station. Among the crowd were suspects Ibrahim Koroma who had a wheel Barrow full of stones and Momoh Kpaka with a petrol Bomb. Both suspects were arrested by the OSD personnel. c. Arson A. APC Office 82 Mahei Boima Road Bo Following the stoning of the SLPP flag bearer Rtd. Brigadier Julius Maada Bio, a group from the procession with people dressed in green overpowered the Police Officers, stoned, vandalized and set the APC office on fire. As a consequence, evidence has been established against fourteen (14) people. 1. Alias Bawwao 2. Alhaji (Alias Tapet) 18 3. Hon. Foday Rado Yokie 4. Kenneth Coker 5. Keifa Avayama Kanneh (UCC Teacher) 6. Daniel Amara (Mines Bo) 7. Mustapha Massaquoi 8. Patrick Zombo 9. Alias Chorper 10. Alias Yori Yori 11. Councillor Ngaima 12. Scott Manga (UCC Teacher) 13. Junior Forni (Alias Abacha) 14. Samuel Jakema ( Alias BKPS) B. Mr. Sheik S. Sillah’s (APC Bo District Chairman) House 54 Ngeiya Road Bo Following the burning down of APC office, the group moved to the residence of Mr. Shiek S.Sillah, the APC Bo District Chairman at no.54 Ngeiya Road Bo. More people joined the group en route Sheik Sillah’s house. The house was comprehensively looted before it was set on fire. Evidence has been established against sixteen (16) people. 1. Hon. Foday Rado Yokie 2. Kenneth Coker 3. Councillor Ngaima 4. Keifa Avayama Kanneh 5. Joseph Maada Kpulum 6. Samuel Jakema (BKPS) 7. Mustapha Massaquoi (Mines Bo) 8. Daniel Amara (Mines Bo) 9. Patrick Zombo 10. Terror 11. Festus Mattia 12. Francis Kpulum 13. Junior Fornie (Alias Abacha) 14. Gibrilla (Gibo) 15. Alias Baowao (Mohamed) 16. Mohamed Gbonda 19 C. De Pa E Yai Office 112 Tinkoko Road Bo Following the burning of Sheik Sillah’s house, some members of the group that left Sheik Sillah’s house with other people then proceeded to De Pa E Yai office at 112 Tinkoko Road Bo and burnt it. It was confirmed that some items were removed from the Pa E Yai office by the Security Guard Ibrahim Jones alias Quality with the help of Mohamed Jalloh for safe Keeping before it was set on fire. Evidence has been established against four (4) People 1. Keifa Avayama Kanneh 2. Junior Fonnie (alias Abacha) 3. Councillor Mustapha Kpaka 4. Foray Jakema (alias Paga) d. Murder On that fateful day, i.e. Friday 9th September, 2011 at about 16:00 hours, the central district of Bo city was riotous and chaotic. There was sporadic firing by OSD personnel. It was during this period that an OSD personnel attached to the Bo Police Division shot a Bike rider along Mahei Boima Road Bo City. He was taken to the Bo Government Hospital where he was latter pronounced dead at around 16:45 hours by the medical doctor. The corpse was identified to be Abdulai Sesay. One suspect has been identified, 12381 B.S Mansaray (alias White Boy) as responsible for the killing. e. Gunshot Wounds Consequent upon the stoning and burning of buildings, together with the minimal police presence, added to the attempt by the crowd to burn the police station and other government structures in Bo town; the situation went out of control. The few teargas canisters were exhausted and shooting then intensified which resulted to some civilians sustaining gunshot wounds. Twenty three (23) people were initially treated at the Bo Government Hospital for various injuries but only nine (9) were confirmed to have sustained gunshot wounds. Three (3) armed OSD personnel have been held responsible for the gunshot wounds. The suspects are as follows: 1. PC 12558 Alhassan Khandi Conteh 2. PC 12562 Augustine Sanu 20 3. Sgt 6220 Conteh Kekuda f. Wounding on APC Regional Chairlady South Zainab Mansaray Two eyewitnesses confirmed the attack, wounding and molestation of Zainab Mansaray by Alhaji (alias Evil Nya‐Nya). g. Assualt on Police During the riot, some police officers sustained minor injuries with the exception of two, one of whom sustained stabbed wound on his left arm and the other stoned on the right ear. The Police could not identify any suspect. h. Security Lapses It has been confirmed by the Panel that there were major and consistent laspes in security by key institutions for the Operations in the build‐ up to and during the Thank You Tour of the Flag bearer of the SLPP Brigadier Rtd. Julius Maada Bio in Bo. i. The Sierra Leone Police The whole operations were underestimated by the Bo Police Division. As such, no proper security measures were put in place. The Integrated intelligence Service starved the operations of related intelligence. Most senior officers including the Local Unit Commander and his Task Coordinating Group were in a workshop at the Police Training School during the visit of the SLPP flag bearer in Bo. Due to the absence of key stakeholders in the Bo Police Division, the police did not prepare an operational plan for this operation. There was no security meeting with the SLPP Executive members to determine the route and conduct of the procession. The acting LUC who was the substantive crime officer at the time i.e. 9th September 2011 was inexperienced and also junior to other commanders in Bo at the time. As such, they do not have accurate control over the OSD who has a senior ASP as commander. There were also no proper coordination between the LUC and the AIG South. The OSD were not properly informed by the General about the nature of the operation and as such, did not provide adequate security. Only one hundred and fifty (150) general duty personnel were deployed most of whom were new recruits together with forty eight (48) armed OSD personel to police an estimated crowd of fifty thousand (50,000) people. Of the 48 OSD personnel only fourteen (14) were armed. In spite of the fact that the police had received intelligence and threats relating to the burning of these structures the police failed to provide adequate security. 21 Again, Even though the junction of Yakai Street and Mayei Boima road opposite the APC office was notorious for attack on SLPP procession (attack on 2008 Mayoral Procession) the police went ahead to grant permission to the SLPP to process along that route. The Amourers do not make proper entry for arms and ammunition issued to their personnel. It has been confirmed that the LUC did not have absolute control over the deployment of OSD personnel in its division but that the OSD are more loyal to the AIG. There is mistrust among the senior cadre in the SLP Bo Division. Key also is that officers are serving in positions and undertaking duties and responsibilities not commensurate to their ranks. j. The National Fire Force in Bo It has been established that the National Fire Force in Bo knew about the setting of fire on the APC office, Mr.Sheik Sillah’s house and the Pa Ee Yai office. According to the Fire Prevention Officer Alimamy Conteh who also doubles as the operations officer at the time, he refused to move the fire engine to the scenes of crime for fear that the engine will be burnt down. In addition he did not make adequate arrangements with the SLP to provide security for him. It has been observed that there is leadership gap in the operations of the Fire Fore Bo branch because the Regional Commander is absent from his station most of the time. The station officer Albert Kpaka second in command Bo fire station is recovering from sickness as a result of an accident he was involved in. In his present capacity he cannot take over full command of the station. k. The District Security Committee (DISEC) Bo Even though intelligence was given at a DISEC meeting on the 8th September by the Deputy Mayor Bo City Council that if there is any attempt by the APC to repeat the scenario in Kono or disrupt their programme and having threatened that such attempt will be met by “Fire for Fire”, DISEC did not do anything to address the intelligence of even the threat made. Furthermore, even though the intelligence was provided to DISEC that the Minister of Internal Affairs Hon. Musa Tarawally was to visit Bo on the very day of the SLPP political activity i.e. 9th September 2011 the committee again failed to take any appropriate action to address the situation. DISEC basically relied on the statement of the Crime Officer ASP John Sesay that the Police had put all measures in place. 22 l. Office of National Security (ONS) Bo The ONS Office in Bo which is responsible for the coordination of security matters in the district even though privy into these security threats failed to take any meaningful action that would have prevented the incidences of Friday 9th September in Bo. m. Conduct of Political Parties The Panel also observed that all four political parties’ offices visited in Bo i.e. APC, PMDC, SLPP and NDA are used as dwelling houses. The compound which houses the APC office also harbors youths who sell and use hard drugs on the premises. Political Party leaders in Bo are using inflammatory statements which have the potential to strongly incite their members. APC and SLPP Parties leaders are using ex‐combatants as body guards. Political Parties have no serious agenda for youths within their parties. There are no disciplinary structures within the Party and Leaders fail to take responsibility of negative youth actions but instead condone such actions. n. Commendation The roles of the personnel of the Sierra Leone Red Cross in Bo, the Bo Government Hospital, the Political Party Registration Commission (PPRC) Mediation and Program Officer South were particularly outstanding. 5. CONCLUSION Based on the findings through statement taking, interviews and onsite visits to the crime scene the Panel concludes; • That the APC Youths started the stoning • The burning down of buildings was carried out by supporters of the SLPP. • The shootings were done by the OSD personnel in Bo and it resulted in one dead and twenty three people injured including two police personnel. • The APC Regional Chairlady South was also stabbed by an irate youth. • The Panel also confirmed that the senior police officers of Bo Police Division were out of station and there was no operational order for the visit of Brig. Rtd Maada Bio. • The Panel also established that the Bo Fire Force did not respond to the fire call. 23 6. RECOMMENDATIONS Based on the findings the Panel proposes the following recommendations; a. The Sierra Leone Police 1.
2.
3.
4.
5.
6.
7.
The command structure involving the OSD and general police must be revisited to ensure that OSD commanders subject themselves fully to the command of the LUC in their division. They must also coordinate and collaborate their activities with the general operation of their division. The human resource division of the Sierra Leone police should develop a monitoring mechanism to assess levels of communication among command personnel and speedily address where gaps are identified. Appointment of officers to occupy specific operational offices in the Sierra Leone Police should be commensurate to their ranks. The levels of communication and coordination required between the AIG and the LUC of the Bo Police Division should be enhanced. We recommend that the required monthly meetings of the AIG South and his team be held regularly for adequate information sharing and efficiency of operations in the region. Existing policies and systems should be adhered to by the Bo Police. The Cooperate service system in Freetown must be more effective and adopt rotational systems. 8. Current documentation and record keeping especially of the Amoury section in the Bo Police and the Police nationally should be overhauled and a more updated means be introduced such as creating a national data base that could be monitored by senior security officers. 9. Provisions of logistical support especially for the day‐to‐day operations of the Bo Police Division. 10. Security sectors should not underestimate any political gathering within their area of operations. 24 11. 12. The Police Force should be provided with opportunities for on the job professional training especially on crowd control. To strengthen the oversight and monitoring mechanisms within the police to ensure effective implementation of acquired knowledge 13. The Bo Police Partnership Board should be revived with immediate effect. 14. Extra effort should be made to ensure the full protection of women in political processes. 15. The intelligence network of the Bo Police and the Office of National Security following the recent incident requires urgent attention. 16. Regular training is needed for the Police, on crowd control and maintaining public order. 17. The Police should embark on a confidence building drive to restore public trust and respect with immediate effect. 18. The Sierra Leone Police must provide security for all political party flag bearers. 19. The Sierra Leone Police force should establish regular confidence building activities with all political parties. b. Political Parties 1. It is imperative that all political party offices serve only as secretariats with prescribed official working hours and should only serve the purpose of political activities and not as dwelling of any sort. 2. Political parties should secure the services of the Sierra Leone Police to guard and protect their offices. 3. The use of unofficial body guards by political party stalwarts must be disbanded with immediate effect. 4. State security personnel should be utlised by all political party leaders and stakeholders 5. All political parties should organize civic education and skills training programs for their young men and young women supporters. 25 6. Political Parties should embark on civic educational activities with emphasis on non‐ violent, conflict prevention and political tolerance for their supporters. 7. Political parties should desist from breeding and encouraging thuggery within their party supporters. 8. There should be regular inter‐party dialogue at national, regional and district level with the aim of promoting political tolerance. 9. No two Political Parties should hold a rally, process or converge on the same day within the same locality. 10. Political Party leaders are required to act and behave responsibly in the course of their political activities. 11. Political Party activists should not be provided with any cover be it political or otherwise when they fall foul of the law especially so when contravention of the law undermines and threatens the peace and stability of the state. 12. Political Party leaders should be proactive in making public denouncement of political violence whenever such outbreak of violence occurs. 13. Political Party leaders and stalwarts must be held responsible for utterances or public statements that threaten the peace and security of the state. c. Media 1. The media, especially the electronic media should as part of their moral responsibility be prepared to air pronouncements made by political party leaders denouncing violence. 2. Media houses should observe and respect media codes of ethics. 3. The Independent Media Commission (IMC) should improve on the monitoring and enforcement of the media codes of ethics. 4. Media houses should be held responsible for airing out or publishing commentaries that threaten peace and security. 5. Radio stations should immediately discontinue programs that threaten national peace and security. 26 6. Media houses especially Kiss 104 in Bo is encouraged to air out programs that promotes political tolerance and social cohesion. 7. The print media should ensure that advertorial and supplementaries are subject to thorough editing before publication to weed off inflammatory statements. 8. Media houses are encouraged to exercise their rights to freedom of expression in a responsible manner. d. National Fire Force 1. There should be a coordinated joint forces intervention by the fire force and the police during incidents of fire. 2. Adequate equipment/logistics and incentives should be provided for the national fire force. 3. Immediate action must be taken to address the leadership vacuum in the Bo Fire Force. e. District Security Committee (DISEC) / Provincial Security Committee (PROSEC) 1. Coordination of DISEC needs to be strengthened and members must be more proactive. 2. All security threats highlighted in DISEC meetings should be collectively handled by the security agencies. 3. DISEC/PROSEC must improve on their intelligence response. f. Political Party Registration Commission (PPRC) 1. PPRC should be strengthened with adequate personnel, logistics and equipment to improve their effectiveness in monitoring the activities of Political Parties in all parts of the country. 2. PPRC should facilitate regular inter‐party dialogue at the national, regional, district and chiefdom level. 3. The review of the legal framework should be completed within the shortest possible time. 27 4. Establish stronger collaboration with Civil Society and the Security Sector. 5. Establish stronger collaboration with the youth commission and relevant youth groups in promoting political tolerance and non‐violence. g. Civil Society 1. Civil Society Organizations should intensify their engagement in awareness raising activities that promote political tolerance. 2. Monitor the implementation of communiqués, recommendations from investigations and commissions of enquiry. 3. Civil Society Organizations should partner with media institutions to ensure objective reporting. 4. Youth Based organizations and other related NGO’s must engage in skills training and civic educational programs for youths especially political party supporters. 5. Youth organizations and related NGO’s programs must include anti drug campaigns in their activities. 6. Women’s organizations both at national and community levels must engage in a robust campaign to ensure the protection of women at all times. 7. Civil Society Organizations should play a public monitoring role for the media and Political Parties and make public these findings. h.Inter –Religious Council Sierra Leone (IRC‐SL) 1. Religious bodies should engage in civic education to promote political tolerance and non‐ violence. I.General Public 1. Members of the public should desist from targeting women through assault or any other form of discrimination during political processes. 2. Members of the public must observe and respect the Rule of Law and law 28 enforcement agencies such as the Sierra Leone Police; that is established to maintain law and order and promote national peace. 3. The general public is encouraged to report all subversive activities especially those related to political violence. I.General Recommendations 1. There shall be Moral Guarantors responsible for the full implementation of these recommendations. This body will comprise all Political Parties, the PPRC, National Commission of Democracy (NCD), Human Rights Commission, and Campaign for Good Governance, Inter‐Religious Council, Civil Society Movement and Sierra Leone Association of Journalists. The Moral guarantors should be tasked with the responsibility of monitoring the timely and effective implementation of these recommendations. 2. We recommend a speedy and conclusive judicial process for all suspects identified in the investigation. 3. All communiqués signed by Political Parties at whatever level; and all previous reports especially the Shears Moses Commission of Enquiry, related to political violence anywhere in the country should be made public and an implementation plan developed with immediate effect. 4. The National Commission for Democracy (NCD) must be well resourced to embark on a robust civic education drive with emphasis on political tolerance. 5. The Political Party Registration Commission (PPRC), the Office of National Security (ONS), the National Commission for Democracy (NCD) should be well equipped in terms of their institutional and infrastructural setup in all their operational areas to enable them become more proactively functional. 6. The National Electoral Commission should revisit the Code of Election Campaign Ethics in consultation with PPRC and all political parties. 7. The Political Parties Registration Commission PPRC should revisit the Political Parties Code of Conduct. 8. We recommend that all Commission of Enquiries, Independent Investigation Panels/Committees must be adequately resourced with all necessary logistics/ equipment to enable them perform their functions more efficiently and without undue constraints. 29 9. IRC‐SL should guard Religious Leaders against using their platforms to promote partisan politics. 10. The panel recommends that further investigations be carried out regarding the alleged presence and activities of Musa Tarawally Minister of Internal Affairs on the 8th and 9th September 2011. 11. With specific reference to the above recommendation adequate witness protection system should be established. 30 PICTURES OBTAINED DURING THE INVESTIGATION OF THE 9TH SEPTEMBER 2011 INCIDENT IN BO Figure 1 The Compound of the Burnt APC Office in Bo Figure 2 The Burnt APC Building 31 Figure 3 Front View of the Burn House of the APC District Chairman in Bo Figure 4 Back view of the Burn House of the APC District Chairman in Bo 32 Figure 5 The Burnt Building of Di Pa E Yai Office in Bo Figure 6 The back view of the burnt Di Pa E Yai Office 33 Figure 7 13yrs Old Girl victim with Bullet Wound on her left leg Figure 8 18 yrs Old Boy victim with Bullet Wound on both legs 34 Figure 9 Gun Shot Wound Victim Figure 10 Another victim who lost three fingers as a result of Gun Shot 35 Figure 11 Another Gun Shot victim with gunshot wound on the left leg Figure 12 Members of the Investigation Panel with The Consultant Pathologist Dr. S.O. Koroma and Team during the exhumation of the deceased Bike Rider 36 Figure 13 Maada Bio with blood dripping from wound on his head Figure 14 Maada Bio receiving treatment at the Kindoya Hospital in Bo 37