Halifa Sallah suggested that the Human Rights Commission should intervene in situations where actions, such as demonstrations, do not lead to public disorder and participants exhibit no intent to cause such disruption. Mr. Sallah emphasized the commission's role in mediating between groups and law enforcement officers. "When actions do not cause public disorder and those who perpetrate them display no intention to cause public disorder the Human Rights Commission should mediate between the mass and law enforcement officers so that those who have grievances to express in a peaceful demonstration would know how best to do so without being subject of suspect having the aim to break the law," Mr. Sallah stated. This approach aims to guide peaceful demonstrators in the Republic and prevent them from being wrongly accused of intending to break laws.
Foundations of Law and Justice
Halifa Sallah, a prominent figure, stated that law is designed to "protect, promote what is best for the individual and society and prohibit and prevent what is harmful to the individual and society in general." He added that "People are supposed to respect and uphold the law for their own protection and that of society at large." According to Sallah, when individuals engage in actions that could harm themselves, such as attempted suicide or drug abuse, or endanger others, law enforcement officers are expected to intervene. The judiciary then holds a fair hearing to determine innocence or guilt and ensures the appropriate administration of justice. The ultimate goal of justice, Sallah explained, is to rectify wrongdoing, facilitate the reintegration of offenders into society after reform, and prevent future transgressions. Public disorder is specifically defined as obstructing the free movement of people, goods, and services.
Constitutional Rights and Public Order
The Constitution of the Republic grants fundamental rights to its sovereign citizens under Chapter IV. Specifically, Sections 25 and 26 delineate freedoms including expression, belief, assembly, and association. These sections also cover the right to participate in genuine elections to retain or change governments, or to influence decisions through petitions or peaceful demonstrations. Lawmakers are tasked with enacting legislation that is reasonably justifiable within a democratic society, ensuring that these rights are exercised without causing harm to others or to society at large. A Public Order Act, therefore, should aim to enhance the exercise of constitutional rights while simultaneously protecting the interests of other individuals and the broader society, rather than prohibiting the exercise of these rights.
The Case Against Mass Trials
Punishment is only reasonable and justifiable, according to Halifa Sallah, if an individual possesses the intention of harming or actually harms another person. Mr. Sallah stated, "Punishment is only reasonable and justifiable if one has intention of harming or actually harms another person." He further noted that when a mass of people is brought before a court, the inquiry must focus on how their actions could harm others and the broader interests of society. If no reasonable person would believe the mass's actions could cause harm, then authorities should recognize that "a law is being enforced for its sake and not for the protection of any particular person or society at large," Mr. Sallah explained. He concluded that "A person who is brought to court who has no intention of harming a person or society at large cannot be punished without miscarriage of justice."
Mediation as a Just Alternative
Mediation offers a suitable pathway for individuals to articulate their grievances and ensure they are addressed. This approach provides a structured mechanism for resolving disputes and communicating concerns, particularly in situations where public demonstrations are involved. By facilitating dialogue between aggrieved parties and relevant authorities, mediation can help identify and address underlying issues, thereby potentially preventing escalation and promoting constructive outcomes. Such a process allows for the systematic registration of complaints, ensuring that perspectives are heard and considered without necessarily resorting to punitive measures.