Satta Lamin Banya, a supporter of the All Peoples Congress (APC) Party, has filed a complaint with the ECOWAS Court against Sierra Leone, alleging negligence in the investigation and prosecution of the individuals responsible for her traumatic gang rape incident in 2018.
The ECOWAS Court received the initial application on September 2, 2021. The case is scheduled for its first hearing on July 12, 2023, as stated in the recently published Cause List. Honorable Justice Edward Amoako Asante will preside over the proceedings, accompanied by Honorable Justice Gberi-Be Ouattara and Honorable Justice Ricardo Cláudio Monteiro Gonçalves.
In her application, Banya claims that the sexual violence she endured violated her right to seek justice, which goes against Article 1 of the African Charter and Peoples’ Rights. She specifically refers to Article 7(1)(a), which guarantees the right to a fair hearing.
The comprehensive 26-page application presented to the Court seeks a declaration holding Sierra Leone accountable for violating Banya's rights to dignity and freedom from cruel, inhuman, or degrading treatment. These rights are protected under Article 5 of the Charter, Article 3 of the Maputo Protocol, and Article 7 of the International Covenant on Civil and Political Rights.
Additionally, Banya's application requests a financial compensation order of US$150,000. It also urges Sierra Leone to implement legislative, administrative, social, and economic measures to ensure the protection, punishment, and eradication of all forms of sexual violence against women.
According to the facts outlined in suit No. ECW/CCJ/APP/51/21, on April 5, 2018, when the Presidential run-off elections were announced, Banya was present on her farm located between Kailahun Town and Nyanyahun Village. It was there that she and her family were subjected to a horrifying attack by several young men.
Banya recounts that she was brutally gang-raped by seven men in the presence of her children and relatives. During the assault, the perpetrators inserted sand into her vagina, dragged her on the ground, and subsequently took her to Nyanyahun Village. In addition, her farm was vandalized and set on fire.
The incident was reported to the police, and Banya received medical attention, including surgery to address some of the internal injuries sustained during the attack. She had to undergo a womb removal procedure to save her life.
Unfortunately, despite reporting the incident to the authorities, no effective investigation has been conducted, and the perpetrators have not been apprehended, evading justice. Banya has not received any form of compensation, rehabilitation, or psycho-social support services.
In her sworn statement dated May 7, 2021, attached as an appendix to the application, Banya reveals that the men who assaulted her claimed she had made a vow to allow all the men in the village to have sexual intercourse with her if the Sierra Leone People's Party (SLPP) emerged victorious in the 2018 elections.
Banya identifies the leader of the group as a man named Sama Bonda, who then called upon six others to take turns raping her. She names the perpetrators as Massaquoi Senessie, Sao James, Maya Bonda, Mohamed Lamaningo, Aruna Bockarie, and Alieu Kanneh.
Later that evening, after being forcibly taken to the village, Banya concealed her identity by covering her head with a cloth and reported the incident at the Kailahun Police Station. Shockingly, she faced mockery and ridicule from some of the officers on duty, who alleged that her affiliation with the APC influenced her actions.
Banya further recounts that while at the Police Station, Sarty Banya, a former Member of Parliament for Constituency 004 in Kailahun District, accompanied by Morie Feika, the SLPP Chairman for Kailahun, approached her and urged her to withdraw the complaint, dismissing it as a family matter. However, Banya firmly refused to comply with their request.
Despite making multiple visits to the Police Station to follow up on her case, Banya received little assistance from the authorities, resulting in a standstill in the investigation process.