A/HRC/7/3/Add.1
page 164
Para
Country
Date
Type
Mandate
Allegations transmitted
of a farmer and security guard who lives in the Po
River area of Montserrado county, MIA officials
were going to authorize a trial by ordeal to take
place, until the Solicitor-General was seized of the
matter and the case was transferred to the office
of the county attorney in Monrovia. Judging by the
description given by MIA personnel to UN
personnel, the intended ceremony appeared to
resemble a trial by ordeal in that there was a
threat of serious harm as punishment, the
procedure was arbitrary and it was to take place in
the context of witchcraft or supernatural
phenomena. It further appears that the farmer had
been deemed to be guilty and the aim of the
ceremony was not to determine guilt or innocence
but was an attempt to prevent alleged future
crimes. He was to take an oath and consume a
substance that would punish him in the future if he
broke that oath. The ceremony, which would not
be permitted even under the Revised Rules and
Regulations of the Hinterland, clearly violates the
human rights guarantees contained in the
Constitution and the international human rights
treaties ratified or acceded to by Liberia. It is also
reported that trial by ordeal that is of a “minor
nature” and does not “endanger life” is permitted
by Art. 73 of the Regulations. Article 2 of those
Regulations provides that they are to be applied to
“such areas as are wholly inhabited by uncivilized
natives”. The discriminatory basis of the
Regulations is a breach of human rights
guarantees under the Constitution and
international treaties, such as the International
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