Justice Miatta Samba
Justice Miatta Maria Samba was called to the Bar of Sierra Leone in 1999 and since March 2019, serves as a Judge of the Court of Appeal in Sierra Leone. In January 2020, she was appointed as a Judge of the Residual Special Court for Sierra Leone (RSCSL). In 2020, Sierra Leone nominated Justice Samba for election to the International Criminal Court (ICC) as a Judge for the period 2021-2030.
Prior to her appointment to the Court of Appeal, Justice Samba served as a Judge of Sierra Leone's High Court between 2015 to March 2019. From 2010 to 2012 and again from 2014 to 2015 she was a Senior Prosecutor at the Anti-Corruption Commission, and between 2011 and 2015 she was a member of a sub-committee of the Sierra Leone Law Reform Commission that focused on gender law reform in Sierra Leone. From 2002 to 2006 Justice Samba worked at the Special Court for Sierra Leone in the Office of the Prosecutor, and from 2006 to 2010 she served with the Office of the Prosecutor of the International Criminal Court (ICC). She has been lecturing at the Fourah Bay College, University of Sierra Leone since 2003. Until 2006 she was lecturing Contract Law and from 2017 to present, she lectures Criminal Law.
She holds an LLB degree from Fourah Bay College, University of Sierra Leone and LL.M degrees from the Centre for Human Rights, University of Pretoria in South Africa and the Centre for Petroleum Law and Policy, University of Dundee in Scotland.
Justice Miatta was profiled by Dato’ Shyamala Alagendra, a Malaysian lawyer and presently the Gender and Child Rights Advisor to the Independent Investigative Mechanism for Myanmar (IIMM). Read more about Shyamala’s work at the end of this profile.
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What pulled you towards human rights law as a career? And what were your first steps?
My early understanding of human rights, as it was conveyed to me by my mother, was that it was God’s gift to us as human beings and nobody had the power to take it away from us. Of particular significance to me are our right to education, our right to work and our right to own property. I choose to focus on these rights in this interview in memory of my childhood years, when I witnessed my mother struggle to assert these rights. My father, despite the privilege of being so highly educated, was of the view that the traditional role of women and of a wife was to take care of the family within the confines of the home. In his view, women were not supposed to work or run a business, and women could not own property in their own right. Watching my mother, who raised me and my two sisters as a single parent, assert her right to education, her right to work and her right to earn a living stirred my own passion for the rights of women to have an equal opportunity in every aspect of life starting from the right to education. My mother instilled in me the importance of education and being aware of my rights as a woman, for which I remain truly grateful to her.
It is no surprise therefore that the topic I chose for my dissertation in partial fulfilment of my Bachelor of Arts (B.A.) Degree was “Female Education in Sierra Leone”. I also picked Public International Law as one of my modules when doing my LL.B. (Hons) degree, and my LL.M. degree in International Human Rights Law and Democratisation in Africa from the Centre for Human Rights, University of Pretoria in South Africa.
With a firm belief in human rights and strong academic knowledge on the subject, I chose a career which focussed on the protection and promotion of human rights.
In 2002, I led a team from the Institute for Human Rights and Development in Africa, (IHRDA) based in The Gambia which investigated violations committed against Sierra Leonean refugees who had fled to Guinea during the conflict in Sierra Leone. I led a second team of investigators from a reputed domestic organisation, the Campaign for Good Governance, to investigate violations committed against Sierra Leonean refugees who had fled to Libya during the conflict. As part of our work, we interviewed survivors, including women and children, in refugee camps and our investigations substantiated complaints that were filed with the African Commission on Human and Peoples Rights against the Republic of Guinea and against the State of Libya. The complaints were declared admissible and the Commission found that the violations of Articles 2, 4, 5, 12(5) and 14 of the African Charter on Human and Peoples Rights had been established against the State of Guinea.
In 2005 I was appointed to serve as a Commissioner on the Commission of Inquiry established by His Excellency, President Ahmed Tejan Kabbah, to investigate the untimely death of the then Chief Immigration Officer, Ms. Gloria Newman Smart.
Between 2002 and 2006, I worked in various capacities at the Office of the Prosecutor of the Special Court for Sierra Leone (SCSL). I was an Investigator, Prosecution Witness Management Coordinator and later on I was appointed as an Associate Prosecutor in the CDF trial. In 2006, I joined the International Criminal Court (ICC) as a Field Operations Officer for the Office of the Prosecutor assigned to the Uganda Field Office. As part of my work at both the SCSL and the ICC, I travelled widely in the interiors of both Sierra Leone and Uganda in an effort to protect and promote the rights of witnesses and survivors who were participating in an accountability process. I place great importance on the psychological and physical welfare of survivors as witnesses in the criminal justice process and I wanted to work in a position which gave me a role in ensuring that survivors and witnesses of international crimes would be able to meaningfully and safely participate in trials.
Adequate witness and victim support must be a feature of any investigation and prosecution from the outset. These survivors experienced such grotesque crimes during the conflict including the killing of family members, the ordeal of having their limbs amputated, being forced into marriage, raped and forcibly impregnated. They continue to endure the impact of these crimes on their mental and physical health long after. Women and girls additionally require a safe space to be able to share their experiences and provide their testimonies. I paid particular attention to implementing processes so that survivors were not re-traumatised and did my best to ensure that their participation in our trials did not harm them, their families or communities.
What would you say are the high points of your career to date?
I acquired tremendous field and Courtroom experience working at the SCSL, ICC and as a Senior Prosecutor at the ACC. One of the high points of my career were the convictions we secured at the SCSL. I am proud that I was part of the team that investigated and successfully prosecuted these heinous crimes that were inflicted on so many Sierra Leoneans. Another high point was my recent appointment as Judge of the Residual Special Court for Sierra Leone. I was tremendously honoured to have been selected to return to the Court in this capacity.
The opportunity I had during my time at the IHRDA, SCSL, ICC, to work with people from different national and cultural backgrounds remains very valuable to me. I learnt a lot about their diverse legal systems, traditions and practices of lawyers and investigators. I had an insight into how the culture of not only perpetrators and victims, but also of the professionals who serve in these institutions plays an important role in criminal accountability processes. We had interesting discussions on the cultural aspects of witness protection and support and on the conduct of investigations. I met professionals from all over the world and building friendships which outlived our respective contracts has certainly been one of the highs of my career, for sure. I value and immensely respect diversity.
Being appointed a Judge was certainly a high point in my career in the law. The appointment itself I saw as a recognition of my contributions to the justice system of my country as a practitioner. As a Judge, I have presided over a variety of cases with a particular focus on serious criminal cases, including sexual offences, child rape and corruption cases. Having a deep understanding on the importance of witness protection and support has also assisted me as a Judge. I ensure adequate measures, in compliance with international standards, are in place in my court so that child victims, victims of sexual and gender-based violence and women who have to appear before me in matrimonial disputes can testify in an environment which respects their privacy and their psychological well-being. Also, I am sometimes empanelled by the Honourable Chief Justice to hear and determine matters at the Supreme Court together with four other Judges. On these occasions when I have the honour to sit on the Supreme Court bench, I truly feel very fortunate.
As a member of Legal Access Through Women Yearning For Equal Rights and Social Justice (LAWYERS), the leading gender equality advocacy organisation in Sierra Leone, made up of only female lawyers, I took part in raising awareness and calling for reforms of the justice system for victims of sexual violence. The interactions I had with victims as we discussed how the system could serve them better so that perpetrators could be held to account was work which I felt so privileged to be involved. The successful campaigns I participated in are moments I would always cherish.
What are some of the challenges that you've had, and how have you tackled them?
As Senior Prosecutor for the Anti-Corruption Commission in Sierra Leone, I prosecuted politically exposed persons, including the then sitting Mayor of Freetown (our capital city) and Executive Directors of Government established agencies. Although these kinds of cases come with political sensitivities, I believe that, despite the media commentary and in one exceptional circumstance harassment directed at me for some of my interlocutory decisions, I remained steadfast in assessing the merits of the case entirely on the evidence presented and did not allow any extraneous factors to influence my judgement.
Being knowledgeable in the law and rules of evidence alone is not enough to be a judge. Going to the bench as a woman has its own challenges particularly in a patriarchal society like Sierra Leone. I do my very best to keep my focus on doing my best and discharging my responsibilities without fear or favour and without any kind of bias. Values I place on integrity, fidelity to the law and my Constitution, impartiality and fairness have been my constant companions daily.
Once I was appointed as a Judge, I had to re-arrange my social network and interactions and ensure that my private life would never be a spectacle that may affect perceptions of my independence or fairness. Having to extricate myself from social activities was a challenge. Balancing one’s private and professional life in this way, can offend friends and relatives, but I was fortunate to have been met with understanding and goodwill all around.
Advice for those who are embarking on a career in public international law/ domestic human rights, with specific reference to advice for women.
Follow the Evidence, not your emotions. Proof of elements of the crime in any criminal case is as onerous as the jurists have, throughout history, promised it is!! As a Prosecutor, I did my best to bring only cases which I believed I would be able to prove beyond a reasonable doubt. As a Judge, I have analysed cases to ensure that the evidence meets this threshold before I convict. My advice is, be focused on the evidence and nothing else. If you want to be an effective criminal lawyer and Judge, critically assess the case before you and base your decision on the law and on the evidence, not on your emotions.
Believe in your output. I have found that at times females are slow or hesitant to take on leadership roles. There is a psychological barrier, in my view, which makes us think that it’s for someone else to lead or that “I am a better soldier”. I encourage my fellow women to take on these leadership and supervisory roles should the opportunity come your way. No matter how daunting the task may seem, you won’t know if you can do it, unless you try it. Nobody is born a leader, and it’s possible to learn leadership while playing the role!
Speak up when you have the opportunity to put forward your views on an issue, particularly on an issue you may be knowledgeable or have passion about. It is possible to be identified with your opinions rather than your gender, so grab the moment when you can put your mind out there.
Be loyal to your integrity. As people trained in the law, we know integrity weaves the fabric of our legal apparels together. I could not emphasise more how important integrity is in not only in our profession but in all aspects of our life.
See opportunity in what may be “stumbling-blocks”. For those who come from a patriarchal system, this should not be viewed as a stumbling block in advancing in your career in international or domestic justice. Gender also must not discourage but rather encourage women in pursuing careers in human rights work. Your voice and your work can certainly contribute to dismantling these hurdles or perceived hurdles for women to go forward in their careers in the law. Give your time to understanding these barriers and creating awareness on how to break them.
Be a mentor. Being a female who has had a diverse career in domestic and international justice, both in fieldwork and in the courtrooms, I have given time to sharing my experiences with younger women and to encourage them to take an interest in this area of work. Many young women did not know such work was there to be done, which surprised me, but at the same time showed me that I had to create an awareness amongst Sierra Leonean women of how they can contribute to human rights and the criminal law as professionals. Reach out to the younger generation and tell them about the possibilities out there for such work and how they can be a part of it.
Justice Miatta Samba was profiled by Dato’ Shyamala Alagendra, a Malaysian lawyer and presently the Gender and Child Rights Advisor to the Independent Investigative Mechanism for Myanmar (IIMM). She served as a Prosecution lawyer at the Special Panel for Serious Crimes in Timor-Leste, Special Court for Sierra Leone and the International Criminal Court (ICC). She also served as Assistant Director of Public Prosecutions of Fiji. She acted as Defence Counsel at the Special Tribunal for Lebanon (STL) and the ICC and was a Legal Advisor to a Defence team at the Eulex Court in Pristina. Shyamala also served as team leader for investigations into complaints of sexual Harassment and abuse with the United Nations Office of Internal Oversight Services (OIOS). You can read Shyamala’s ATLAS profile here.