INCHR Liberia: Demands Criminal Prosecution for Abusive AFL Soldier

• The Independent National Commission on Human Rights (INCHR) condemned the brutalization of a Liberian woman by an Armed Forces of Liberia (AFL) soldier.
• The AFL dismissed the soldier, which the INCHR commended as a first step towards institutional accountability.
• The INCHR demanded full financial and legal responsibility from the AFL for the victim's comprehensive medical and psychological recovery.
• The Commission insisted on enforceable measures to protect the victim from intimidation and ensure her dignity and safety.
• The INCHR explicitly called for a credible criminal investigation and prosecution of the dismissed soldier under the civilian justice system.

The Commission explicitly stated that dismissal from military service constitutes an administrative action, not criminal accountability, and must not be considered the final step in the justice process.

The Independent National Commission on Human Rights (INCHR) in Liberia has strongly condemned the brutalization of a young Liberian woman by a member of the Armed Forces of Liberia (AFL). In a significant human rights statement issued from Monrovia on Tuesday, the Commission acknowledged the swift action taken by the army's leadership to dismiss the implicated soldier from service. This administrative step was lauded as a crucial initial move towards institutional accountability within the AFL.

Acting Chairperson Cllr. Mohammed E. Fahnbulleh, speaking for the INCHR, emphasized that such actions by security personnel—including violence, abuse, intimidation, or degrading treatment against civilians—represent a grave challenge to human dignity, the rule of law, and the fundamental rights and freedoms enshrined in Liberian law. The Commission viewed the dismissal as a necessary signal that misconduct and abuse of power by security sector members would not be tolerated in a democratic Liberia. However, the INCHR immediately cautioned that this administrative measure, while commendable, should not be mistaken for comprehensive justice.

Beyond the initial administrative action, the INCHR outlined a comprehensive set of legal demands directed at the Government of Liberia, the Ministry of National Defense, and the broader justice sector. A primary focus was placed on ensuring full legal and financial responsibility from the AFL for the victim's recovery. This includes not only immediate emergency treatment but also the complete cost of ongoing medical care, potential surgery or rehabilitation for physical injuries, and extensive trauma-informed psychological counseling. The demands also cover psychosocial support and long-term mental health services to address emotional harm suffered by the victim.

The Commission underscored that these obligations are firmly rooted in Chapter III, Articles 11 and 12 of the 1986 Constitution of Liberia, which guarantee personal liberty and protection from cruel, inhuman, and degrading treatment. Furthermore, Liberia's commitments under international instruments such as the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights reinforce these requirements. The INCHR also called for the implementation of enforceable measures to safeguard the victim from any form of intimidation, harassment, retaliation, stigmatization, or further harm, asserting that her dignity, privacy, and safety must remain paramount in all state actions.

Crucially, the INCHR insisted that administrative dismissal alone is insufficient to address the gravity of the offense and warned against the dangerous entrenchment of a culture of impunity if such dismissals become the ultimate form of accountability for crimes against civilians. The Commission explicitly stated that dismissal from military service constitutes an administrative action, not criminal accountability, and must not be considered the final step in the justice process.

To ensure genuine justice, the INCHR called upon the Liberia National Police, the Ministry of Justice, and relevant county attorneys and courts to initiate a credible, independent, and timely criminal investigation and subsequent prosecution. The Commission specified that if the brutalization constitutes offenses such as assault, aggravated assault, or other crimes under the Penal Law of Liberia, the accused individual, now a civilian following dismissal, must be subjected to the full legal process of the civilian criminal justice system without delay. This demand highlights a critical distinction between internal military discipline and the broader societal requirement for criminal justice.

The incident and the INCHR's robust response carry significant implications for Liberia's post-war security sector reform. The Armed Forces of Liberia, having been rebuilt with the mandate to serve as a "Force for Good" following the civil war, relies heavily on public trust to fulfill its mission effectively. The Commission stressed that the security sector bears a heightened responsibility to uphold, protect, and respect human rights, as its members are entrusted with safeguarding the public, not subjecting civilians to violence, humiliation, or degrading treatment.

Any abuse of this authority, the INCHR cautioned, directly undermines public confidence in security institutions, weakens the rule of law, and risks reversing the progress made in civil-military relations since the conflict. The Commission's firm stance on criminal prosecution and comprehensive victim reparations, therefore, serves as a vital call for the AFL and the Liberian government to demonstrate unwavering commitment to accountability and human rights, ensuring that the "Force for Good" truly lives up to its name.

Lawyers representing victims of security force misconduct in Liberia should note the INCHR's explicit demands for criminal prosecution and comprehensive reparations, citing constitutional and international human rights obligations, setting a precedent for pursuing accountability beyond administrative dismissal. This signals a heightened standard for justice in such cases.

Source: Reporting from local media