Practice Relating to Rule 100. Fair Trial Guarantees
Sierra Leone’s Instructor Manual (2007) states:
[T]here are certain human rights that can never be suspended no matter the situation. These are referred to as hard-core rights
and they include … [the] right to a fair trial … Hard core rights are protected under the LoAC as well.
[emphasis in original]
Sierra Leone’s Constitution (1991) states:
23. Provision to secure protection of law.
(1) Whenever any person is charged with a criminal offence he shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of any provisions of this section … to the extent that the law in question authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists before or during that period of public emergency.
29. Public emergency.
(2) The President may issue a Proclamation of a state of public emergency only when –
a. Sierra Leone is at war; [or]
b. Sierra Leone is in imminent danger of invasion or involvement in a state of war; or
c. there is actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or
d. there is a clear and present danger of an actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof requiring extraordinary measures to avert the same; or
e. there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in Sierra Leone; or
f. there is any other public danger which clearly constitutes a threat to the existence of Sierra Leone.
(5) During a period of public emergency, the President may make such regulations and take such measures as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in Sierra Leone or any part thereof.
Sierra Leone’s Geneva Conventions Act (2012) states:
2. Grave breaches of the [1949 Geneva] Conventions and the  First [Additional] Protocol.
(1) A person of whatever nationality commits an offence if that person, whether within or outside Sierra Leone[,] commits, aids, abets or procures any other person to commit a grave breach specified in –
(c) article 130 of the Third Geneva Convention [on, inter alia, the grave breach of wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in the Convention];
(d) article 147 of the Fourth Geneva Convention [on, inter alia, the grave breach of wilfully depriving a protected person of the rights of fair and regular trial prescribed in the Convention];
(e) paragraph … 4 of Article 85 of the First Protocol [on, inter alia
, the grave breach of depriving a person protected by the Conventions or referred to in Article 85(2) of the Protocol of the rights of fair and regular trial].
The Act also states: “The Minister [of Foreign Affairs] may make regulations to … protect the fundamental and procedural guarantees during time of armed conflict.”