On 10 August 2020, AdvocAid and Cyrus R. Vance Centre for International Justice will be launching their report “Woman Wahala na Prison – Causes and Consequences of Women’s Imprisonment in Sierra Leone” revealing groundbreaking data on why women in Sierra Leone come into contact with the law and how this affects their lives, families and communities . 

While the number of women behind bars has dramatically increased around the world in recent years, little is known about the causes and consequences of women’s incarceration. To address this knowledge gap, AdvocAid and the Vance Center joined forces and conducted a yearlong participatory pilot research on the causes and consequences of women’s imprisonment in Sierra Leone. The research team interviewed 86 per cent of the women detained in the country between November and December 2019. The report also includes perspectives of formerly incarcerated women, correctional centre officers, stakeholders working directly or incidentally with women in detention, and family members of women who were or had been to prison at the time. 

The research has found that Sierra Leone continues to adopt an excessive use of pre-trial detention. Only 37 per cent of the women who were interviewed had been convicted. This is a result of backlogs in the courts and strict bail conditions, leading to women languishing in pre-trial detention for longer than necessary. These results are particularly alarming as the excessive use of pre-trial detention leads to overcrowding, which, combined with limited access to water and sanitation, can contribute to the spread of diseases. Following the COVID-19 outbreak this is all the more concerning, which is why AdvocAid has renewed its call on the Sierra Leone government to release vulnerable, low risk and pre-trial detainees. 

“[In the Freetown female correctional center] [t]here are 64 inmates in a space that was meant to hold 18. We have been using offices as cells for inmates, some even share a bed because there is no space.” – Correctional Center Officer

The report also shows that the incarcerated women we interviewed fit a common pattern: they are mostly poor and often the sole caretakers of young children, survivors of violence, illiterate, and with unmet mental health needs. 

Women in prison at the time of the study were overrepresented among the poor: 71 per cent said that before going to prison they could only afford one or two meals per day. Almost half had been the main earners of their households and 88 per cent were taking care of at least one child before their arrests. Eighty-three per cent of the children of incarcerated women were younger than 18 prior to their mothers’ arrests. Already marginalized in society, 34 per cent of the women interviewed had been arrested and detained for economic or petty crime, often committed for their survival or that of their loved ones. Since many women who commit minor crime also do not pose a threat to public safety, these cases could qualify for non-custodial sentencing. However, although  the Bangkok Rules encourage gender-sensitive alternatives to detention,[1] Sierra Leone does not provide non-custodial sentences aside from steep fines, which many of the women we interviewed reported being unable to pay. Our research also revealed that families sometimes become indebted to pay the fines. 

“I have eight children and sometimes it was just impossible to take care of them all. So I borrowed some money from a friend but when I couldn’t pay back she turned me in to the police. I am so worried, who will make sure that my children go to school and are well fed now?” – Woman in prison 

The majority of the women we encountered in the course of our study had survived sexual and gender-based violence – 48 per cent during their childhood, 72 as adults at the hands of their partners, and 45 during adulthood from someone other than their partner. In a departure from the global trends, many of the women we interviewed were in prison for violent crimes. However, out of 24 per cent of women who were in prison for committing a crime against their partner, 94 per cent reported that the partner beat, bullied, belittled, or sexually harmed them before they committed the crime. 

Many of the women we spoke to have suffered from poor mental health but had been failed by a system that imprisons them rather than providing treatment. Almost half of the women interviewed reported having suffered from depression and 40 per cent from anxiety before entering prison. However, our study shows that mental health hardly ever plays a role in a judge’s decision – both because there are only two psychiatrists in the country who could conduct a mental health assessment for a criminal trial and because the judiciary told us that they have not received adequate training on this issue. Our study also reveals that poor mental health can often be a consequence of women’s imprisonment: 54 per cent of these women reported a mental health condition starting or deteriorating while detained and several formerly incarcerated women told us that even after their release they had had suicidal thoughts. 

Meanwhile, 54 percent of women in prison at the time of the study were illiterate and 45 per cent had never attended school. Some of these women were subjected to corrupt and unfair police practices and confessed to crimes without understanding the charges brought against them and their implications. Several women who participated in the study said that when they were arrested the police told them that they would be able to go home if they signed a confession, only to sign and be charged to court. Others said they were presented with a written statement even though they were illiterate and were forced to thumbprint a confession they could not understand. Many were also unable to tell us the crime they had been charged with or why they had not been granted bail. 

The journeys of the formerly incarcerated women who participated in the study show that, even after release, women continue to face severe challenges. Among other consequences, some women reported their partners abandoned their children and remarried when they went to prison. In some cases, the families and partners also sold the women’s property, leaving many of them without anything or anyone to go back to when they are released. Additionally, 52 percent of incarcerated women had safety concerns and feared retaliation post-release. This also impacts on women’s ability to settle back into their communities. Due to the extremely limited earning opportunities for women while detained, most of them leave prison with less financial means than when they entered. As a result, many women reported facing difficulties in finding the initial capital to restart their business and find stable employment or appropriate accommodation.  

My sister, who has been released, has not been engaged in anything meaningful since. She is now a drunk and acts abnormal. The community considers her an ex-convict and not the best candidate for any job. – Sister of an incarcerated woman 

Under international law, states are required to consider and address the disparate impact on women of programs and policies within the criminal justice system. States must also develop strategies that take into account the special needs of women in contact with the law[2] and address the root causes of women’s imprisonment.[3] “Woman Wahala Na prison – Causes and Consequences of Women’s Imprisonment in Sierra Leone” shows however that whether in policy or in practice, and much like elsewhere, women in Sierra Leone are at an increased disadvantage when coming in contact with the criminal justice system. The same is true after they leave prison.

[1] See Rules 57-62 of The Bangkok Rules

[2] Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century, General Assembly resolution 55/59, annex, paras. 11 and 12.

[3] Bangkok Rules, Rule 67