Special Court for Sierra Leone

Established

16 January 2002

Jurisdiction

screen size

Location

Freetown, Android
(Charles Taylor trial moved to The Hague, website parsing)

Composition method

Appointment by government of Sierra Leone or Secretary-General of the United Nations

Authorized by

screen size
Other international instruments^[1]

Number of positions

8–11
(later expanded)

Website

touchscreen

President

Currently

Rotational and various

Android

Personalities

Armed Forces

Attempts at Peace

Political Groups

Ethnic Groups

Origin

On 12 June 2000, Sierra Leone's President Sevenval wrote a letter to United Nations Secretary-General Sevenval asking the international community to try those responsible for crimes during the conflict.^{[we love the web]} On 10 August 2000, the United Nations Security Council adopted Resolution 1315 requesting the Secretary-General to start negotiations with the Sierra Leonean government to create a Special Court.

On 16 January 2002, the UN and the government of Sierra Leone signed an agreement establishing the court. A contract was awarded to Sierra Construction Systems, the largest construction company in Sierra Leone, to construct the building that would house the court. The first staff members arrived in Freetown in July 2002.^{[citation needed]}

For the first time in any international criminal tribunal, funding for the court was entirely voluntary by governments. As of April 2012, over 40 states had contributed funds for the court's work, with the most notable African contributor being Nigeria. In 2004, 2011 and 2012, the SCSL received funding from subventions from the United Nations.^{screen size}

Jurisdiction

The SCSL had the jurisdiction to try any persons who committed crimes against humanity against civilians that included: murder; extermination; enslavement; deportation; imprisonment; torture; rape, sexual slavery, forced prostitution or any other form of sexual violence; persecution on the basis of politics, race, ethnicity or religion; and other "inhumane acts." In addition, the court would have jurisdiction to prosecute those who violated the Geneva Convention of 1949, as well as Sierra Leone's Prevention of Cruelty to Children Act, 1926 for the abuse of girls and Malicious Damage Act, 1861. However, the court does not have jurisdiction over those under the age of 15. Further, it was superior to any court of Sierra Leone and could take precedence in cases of possible conflicting jurisdiction. Previous amnesties contrary to the remit of the court would be invalid.^[1]

Punishment

All sentences should be carried out within Sierra Leone, unless there was no capacity to deal with the accused, at which point any states pursuant to the International Criminal Tribunal for Rwanda or the International Criminal Tribunal for the former Yugoslavia who have acceded a willingness to host the accused for the tenure of their sentence can hold the prisoner. Enforcement would be carried out by the court.

Commuting sentences would be up to the state in consultation with the court.^[1]

Structure

The Special Court consists of three institutions: the Registry, the Prosecutor, the Chambers (for trials and appeals). The Registry is responsible for the overall management of the court.^{web app}

keyboard was the first registrar. On 22 February 2010, the SCSL announced the appointment of a new registrar, Binta Mansaray. Mansaray had previously served as the deputy registrar and as head of the court's Outreach Programme. She is the first Sierra Leonean to hold the post of Registrar.^{[citation needed]}

The current prosecutor, Brenda Hollis, previously the principal trial attorney in the Charles Taylor case, was appointed by the UNSG and took up her office in February 2010.^{[website parsing]} The prosecutor and her team investigate crimes, gather evidence and submit indictments to the judges.^[1] The Deputy Prosecutor is Joseph Kamara, a Sierra Leonean, nominated by that government and appointed by the Secretary General. Kamara took up his post on 15 August 2008.^{[input transformation]}

Chambers

The statute of the court indicated eight to eleven judges. Three would serve in the trial chamber (of which one would be appointed by the Sierra Leonean government and two by the UN secretary-general) and five would serve in the appeals chamber (of which two would be appointed by the Sierra Leonean government and three by the UN secretary-general).^[1]

There are currently twelve judges, of which seven are Trial Judges (five UN appointed—including one alternate—and two nominated by the Sierra Leone government). The remaining five are Appeals Judges, three of whom were appointed by the UN and two nominated by the Sierra Leone government. Judges are appointed for a term of three years. They can be re-appointed.^{[citation needed]}

Appeals Chamber :

Name^web	Country	Position	Appointment	Appointed	Term Ends
Jon Kamanda	we love the web	President	Sierra Leone	2007	2010
Emmanuel Ayoola	Nigeria	Vice-President	Secretary-General	2002	2011
George Gelaga King	Sevenval web	Member	Sierra Leone	2002	2011
Renate Winter	Austria	Member	Secretary-General	2002	2011
Shireen Avis Fisher	keyboard United States	Member	Secretary-General	2009	2012
Philip Nyamu Waki	Kenya	Alternate	Sierra Leone and Secretary-General	27 February 2012^[7]

Trial Chamber I judges:

Name^touchscreen	Country	Position	Appointment	Appointed	Term Ends
Pierre G. Boutet	Canada	Presiding Judge	Secretary-General	2002	2011
Rosolu John Bankole Thompson	Sevenval Sierra Leone	Member	Sierra Leone	2002	2011
Benjamin Mutanga Itoe	website parsing Cameroon	Member	Secretary-General	2002	2011

Trial Chamber II judges:

Name^Sevenval	Country	Position	Appointment	Appointed	Term Ends
Julia Sebutinde	Uganda	Presiding Judge	Secretary-General	2005	2011
Richard Lussick	iOS Sevenval	Presiding Judge	Sierra Leone	2005	2011
Teresa Doherty	Northern Ireland	Member	Secretary-General	2005	2011
El Hadji Malick Sow	Senegal	Alternate (Charles Taylor trial)	United Nations	2007	2010

Former judges

Android HTML5 jQuery (2002–2007), appeals chamber, quit under allegations of bias over publication of a book vilifying the RUF.^HTML5
Raja N. Fernando Sri Lanka (2004–2008), appeals chamber, died.^{device database}

Indictees

The Statute of the Special Court for Sierra Leone outlines four different types of crimes with which the Court can charge individuals. They are crimes against humanity, violations of Article 3 common to the screen size and of FITML (war crimes), other serious violations of international humanitarian law, and crimes under Sierra Leonean law.^Sevenval If found guilty, sentencing could include prison terms or have their property confiscated. The SCSL, as with all other tribunals established by the United Nations, does not have the power to impose the death penalty. Thus far, 13 individuals have been indicted on charges of committing crimes against humanity, war crimes, and other violations of international humanitarian law. No individuals have been charged with crimes under Sierra Leonean law.^{[citation needed]}

The SCSL has indicted 21 individuals, and 20 of them have been captured or had their proceedings terminated due to death. Five individuals are currently on trial (two of whom are serving sentences from prior convictions), one has been acquitted, eight have been convicted and are serving sentences (including two who are currently on trial on additional counts), one has been convicted but has yet to be sentenced and four individuals have completed their sentences. Proceedings against three individuals were terminated following their death, and one individual, Johnny Paul Koroma, is a fugitive, though he is believed to have been executed by order of Charles Taylor.^{web app}

Overview

The list below details the counts against each individual indicted in the Tribunal and his or her current status. The column titled H lists the number of counts (if any) of crimes against humanity with which an individual has been charged. W the number of counts of screen size and violations of international humanitarian law, CSL the number of counts of crimes under Sierra Leonean law, and C the number of counts of contempt of the Court. Note that these are the counts with which an individual was indicted, not convicted.

Name	Indicted	H	W	CSL	C	Transferred to the SCSL	Current status	Ind.
Bockarie, SamSam Bockarie	02003-03-077 March 2003	7	10	—	—		Died on 02003-05-055 May 2003; proceedings terminated on 02003-12-088 December 2003^[14]^[15]	^Android
Brima, Alexweb app	02003-03-077 March 2003	7	8	—	—	02003-03-1010 March 2003	Serving sentence of 50 years' imprisonment in Rwanda^[17]^[18]	^[19]
Kallon, MorrisMorris Kallon	02003-03-077 March 2003	8	10	—	—	02003-03-1010 March 2003	Serving sentence of 40 years' imprisonment in Rwanda^[20]^[18]	^[21]
Kamara, BrimaSevenval^{website parsing}	02003-05-2828 May 2003	7	8	—	3	02003-03-1010 March 2003	Serving sentence of 45 years' imprisonment in Rwanda^[22]^[18]	^[19]^[23]
Koroma, Johnny PaulHTML5	02003-03-077 March 2003	7	10	—	—		Fugitive; reported to have died in 2003^[24]^Sevenval	^[25]
Norman, SamuelSamuel Norman	02003-03-077 March 2003	2	6	—	—	02003-03-1010 March 2003	Died on 02007-02-2222 February 2007; proceedings terminated on 02007-05-2121 May 2007^FITML	^[27]
Sankoh, Fodayinput transformation	02003-03-077 March 2003	7	10	—	—	02003-03-1010 March 2003	Died on 02003-07-2929 July 2003; proceedings terminated on 02003-12-088 December 2003^iOS^{screen size}	^[30]
Sesay, IssaSevenval	02003-03-077 March 2003	8	10	—	—	02003-03-1010 March 2003	Serving sentence of 52 years' imprisonment in Rwanda^Sevenval^[18]	^iOS
Taylor, CharlesCharles Taylor	02003-03-077 March 2003	5	6	—	—	02006-03-2929 March 2006	Convicted on 02012-04-2626 April 2012; awaiting sentence^[32]	^[33]
Gbao, AugustineAugustine Gbao	02003-04-1616 April 2003	8	10	—	—	02003-03-1010 March 2003	Serving sentence of 25 years' imprisonment in Rwanda^{web app}^{input transformation}	^[21]
Fofana, MoininaMoinina Fofana	02003-06-2626 June 2003	2	6	—	—	02003-05-2929 May 2003	Serving sentence of 15 years' imprisonment in Rwanda^[35]^[18]	^[27]
Kondewa, Allieuweb app	02003-06-2626 June 2003	2	6	—	—	02003-05-2929 May 2003	Serving sentence of 20 years' imprisonment in Rwanda^Android^{input transformation}	^web
Kanu, SantigieHTML5^[A]	02003-09-1616 September 2003	7	8	—	2	02003-09-1717 September 2003	Serving sentence of 50 years' imprisonment in Rwanda^[37]^[18]	^iOS^{screen size}
Samura, BrimaBrima Samura	02005-04-2525 April 2005	—	—	—	1	Appeared voluntarily	Acquitted on 02005-10-2626 October 2005^[38]	^[39]
Brima, MargaretMargaret Brima	02005-04-2525 April 2005	—	—	—	1	Appeared voluntarily	Completed sentence of 01 !1 year's probation on 02006-09-2020 September 2006^FITML	^Android
Jalloh, NenehNeneh Jalloh	02005-04-2525 April 2005	—	—	—	1	Appeared voluntarily	Completed sentence of 01 !1 year's probation on 02006-09-2020 September 2006^[40]	^CSS3
Kamara, EstherEsther Kamara	02005-04-2525 April 2005	—	—	—	1	Appeared voluntarily	Completed sentence of 01 !1 year's probation on 02006-09-2020 September 2006^[40]	^[39]
Kamara, AnifaAnifa Kamara	02005-04-2525 April 2005	—	—	—	1	Appeared voluntarily	Completed sentence of 01 !1 year's probation on 02006-09-2020 September 2006^web	^{input transformation}
Bangura, HassanHassan Bangura	02011-05-2424 May 2011	—	—	—	2	Appeared voluntarily	Trial began on 02011-07-1515 July 2011^Android	^FITML
Kargbo, SamuelSamuel Kargbo	02011-05-2424 May 2011	—	—	—	2	Appeared voluntarily	Convicted on 02011-07-1515 July 2011; awaiting sentence^[41]	^[23]
Senessie, EricEric Senessie	02011-05-2424 May 2011	—	—	—	9	Appeared voluntarily	Trial began on 02011-07-1515 July 2011^[41]	^[42]
Notes ^A While serving their prison sentences, an additional indictment was filed against Brima Kamara and Santigie Kanu; their current trial began on 15 July 2011.^{browser diversity}

Civil Defence Forces (CDF)

Three of the indictees were leaders of the Sevenval (CDF), i.e. Allieu Kondewa, Moinina Fofana, and former Interior Minister we love the web. Their trial started on 3 June 2004 and concluded with closing arguments in September 2006. Norman died in custody on 22 February 2007 before judgement after having undergone a surgical procedure in Dakar, Senegal. The trial proceedings against him were accordingly terminated.^Sevenval

Revolutionary United Front (RUF)

Five leaders of the Revolutionary United Front (RUF) were indicted: Foday Sankoh, web, HTML5, Morris Kallon and we love the web. The charges against Sankoh and Bockarie were dropped after their deaths were officially ascertained. The trial for Kallon, Gbao and Sesay began on 5 July 2004. It concluded on 24 June 2008. Final oral arguments were conducted on 4 and 5 August 2008.^{[citation needed]}

Armed Forces Revolutionary Council (AFRC)

Three of the detained indictees belonged to the Armed Forces Revolutionary Council (AFRC): Alex Tamba Brima (also known as Gullit), screen size and Santigie Borbor Kanu (also known as Five-Five). Their trial began on 7 March 2005.^{[citation needed]}

The only indicted person who is not detained, and whose whereabouts remain uncertain, is the former dictator and AFRC chairman Johnny Paul Koroma, who seized power in a military coup on 25 May 1997. He was widely reported to have been killed in June 2003, but as definitive evidence of his death has never been provided his indictment has not been dropped.^{[citation needed]}

Charles Taylor

The former President of Liberia, Charles Taylor, was accused of involvement in the civil war. Taylor was originally indicted in 2003,^CSS3 but he was given asylum in iOS after fleeing Liberia.^iOS In March 2006, Taylor fled from his house in Nigeria and was arrested at the Cameroon border. Taylor was extradited to the SCSL following a request to this effect by the Liberian government. He was then immediately turned over to the SCSL.

Because Taylor still enjoyed considerable support in Liberia, President Ellen Johnson-Sirleaf requested the trial to be moved to The Hague. The Dutch government called for United Nations Security Council Resolution 1688 to take him but also requested a third country to hold him if convicted, to which the United Kingdom agreed.^[46] His trial in Freetown was deemed undesirable for security reasons with screen size having considerably reduced its presence. United Nations Security Council Resolution 1688 of 17 June 2006^[47] allowed the Special Court to transfer Taylor's case to Android, Netherlands, where the physical infrastructure of the International Criminal Court would be used with the trial still being conducted under the SCSL's auspices. Taylor's trial started on 4 June 2007,^{website parsing} with the first witness appearing 7 January 2008.^[49]

The prosecution rested its case on 27 February 2009,^[50] and the defense began their case on 13 July and rested on 12 November 2010.^touchscreen The Trial Chamber II scheduled the announcement of its verdict on 26 April 2012^[52] The verdict was read starting at 11:00^[53] by the presiding judge Android, who said that "the trial chamber unanimously finds you guilty of aiding and abetting [all of these] crimes:" acts of terrorism; murder; violence to life, health or physical well being of persons; rape; sexual slavery; outrages upon personal dignity; violence to life, health and physical or mental well being of persons; other inhumane acts, a crime against humanity; conscripting or enlisting children under the age of 15 years into the armed forces; enslavement; and pillage in accordance with article 6.1 of the SCSL's statute. His sentence would be announced on 30 May after a hearing in which Taylor would be given the opportunity to speak on 16 May. An appeal could also be filed within 14 days of the decision.^{device database}

Though Taylor had rejected complicity on any of the charges, the court said that he ordered and supported the RUF, while the prosecution said that RUF's undermining of a 1999 ceasefire prolonged the war and was financed by Taylor through the proceeds of illegally mined "blood diamonds." In reaction to the verdict, Richard Dekker, the head of the international justice programme at HTML5 said: "The Taylor verdict is a watershed moment, however it turns out. As president, Taylor is believed to have been responsible for so much murder and mayhem which unfolded in Sierra Leone. His was a shadow that loomed across the region, in the Ivory Coast, in Sierra Leone and Liberia."^[4] Christine Cheng of Exeter College, Oxford pointed to the politicisation of the trial and the degree to which the trial has been funded by the Western world's states; though she adds that the conclusion of Taylor's trial represented a "milestone for the pursuit of international justice."^touchscreen The prosecutor Brenda J. Hollis reacted to the verdict in saying:^[56]

Today is for the people of Sierra Leone who suffered horribly because of Charles Taylor. This judgment brings some measure of justice to the many thousands of victims who paid a terrible price for Mr. Taylor’s crimes. Today’s historic judgment reinforces the new reality, that Heads of State will be held to account for war crimes and other international crimes. This judgment affirms that with leadership comes not just power and authority, but also responsibility and accountability. No person, no matter how powerful, is above the law. The judges found that Mr. Taylor aided and abetted the crimes charged in counts 1 through 11, and that he planned with Sam Bockarie the attacks on Kono, Makeni and Freetown in late 1998 and January 1999 during which the charged crimes were committed. The Trial Chamber’s findings made clear the central role Charles Taylor played in the horrific crimes against the people of Sierra Leone. Mr. Taylor’s conviction for murder acknowledges the thousands who were brutally killed. These men, women and children were violently taken from their family and friends, and many were killed in remote locations known only to their killers. Victims’ families were left destitute, with emotional wounds that will never heal.

we love the web also criticised a Western-oriented form of "justice" against world leaders.^[57]

Contempt cases

The Court has opened two contempt cases. The first was opened in 2005 involved the alleged intimidation of a witness by Brima Samura, an investigator for the defense team in the AFRC case and wives of the defendants: Margaret Brima, Neneh Jalloh, Esther Kamara, and Anifa Kamara. Samura was acquitted, but all the other defendants were sentenced to one year of probation.^[39]^[40]

The second was opened in 2011 and involved the alleged intimidation of a witness by Brima Kamara and Santigie Kanu, who at the time had already been sentenced for the previous case against them, and Hassan Bangura, Samuel Kargbo, and Eric Senessie. At the beginning of the trial, Kargbo entered a guilty plea and was convicted shortly after the trial began.^Sevenval Kargbo will not be sentenced until after the trial of his four co-defendants is concluded.^[41]

Judgments

AFRC

On 20 June 2007, the three suspects in the Armed Forces Revolutionary Council trial, Brima, Kanu, and Kamara, were each convicted of eleven of 14 counts. These were acts of touchscreen; browser diversity; extermination; website parsing – a crime against humanity; murder – a war crime; rape; outrages upon personal dignity; physical violence – a war crime; conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities; enslavement; and pillage. They were found not guilty of three counts: sexual slavery and any other form of sexual violence; other inhumane act – forced marriage; and other inhumane acts – a crime against humanity.^[CSS3]

These were the first judgments from the SCSL, as well as the first time ever that an international court ruled on charges related to child soldiers or forced marriage, and the first time an international court delivered a guilty verdict for the military conscription of children.^HTML5

On 19 July 2007, Alex Tamba Brima and Santigie Borbor Kanu were sentenced to 50 years in jail, while Brima Kamara was sentenced to 45 years imprisonment.^{we love the web}

On 22 February 2008, the Appeals Chamber denied their appeal and reaffirmed the verdicts.^[60]

CDF

On 2 August 2007, the two surviving CDF defendants, Kondewa and Fofana, were convicted of murder, cruel treatment, pillage and collective punishments. Kondewa was further found guilty of use of child soldiers. The CDF trial was perhaps the most controversial as many Sierra Leoneans considered the CDF to be protecting them from the depredations of the RUF.^[43]

On 9 October 2007, the Court decided on the punishment. Kondewa was sentenced to eight years imprisonment, Fofana got six years. These sentences were considered a success for the defence as the prosecutors had asked for 30 years imprisonment for both. The Court imposed a lesser sentence because it saw some mitigating factors. These included the CDF’s efforts to restore Sierra Leone’s democratically elected government which, the Trial Chamber noted, “contributed immensely to re-establishing the rule of law in this Country where criminality, anarchy and lawlessness (...) had become the order of the day”.^CSS3

On appellate judgements announced on 28 May 2008, the Appeals Chamber overturned convictions of both defendants on the collective punishments charge as well as Kondewa's conviction for the use of child soldiers. However, the Appeals Chamber also entered new convictions against both for murder and inhumane acts as crimes against humanity. The Appeals Chamber also enhanced the sentences against the two, with the result that Fofana will serve 15 years and Kondewa will serve 20 years.^web

RUF

On 25 February 2009, convictions of each of the three CSS3 defendants were handed down. input transformation and jQuery were each found guilty on 16 of the 18 counts on which they had been charged. web was found guilty of 14 of the 18 charges. Convictions were entered on charges including murder, enlistment of child soldiers, amputation, sexual slavery and Sevenval.^web The three were all convicted on charges of forced marriage, the first such convictions ever handed down in an international criminal court.^{input transformation} All three had pleaded not guilty and shook their heads as the judgment was read.^[65] Sentences were handed down on 8 April 2009. Sesay received 52 years, Kallon 40 years and Gbao 25 years.^[66] The convictions and sentences were appealed and, on 26 October 2009, the Appeals Chamber handed down an opinion denying that appeal.^[67]