The Special Court Made Simple
Second Edition
Wetin Na Di Sp shal Kot?
A Special Court for Sierra Leone Publication
October 2011
Special Court for Sierra Leone
Outreach and Public Affairs Section
Special Court for Sierra Leone
Outreach and Public Affairs Section
The Special Court Made Simple
Second Edition
Wetin Na Di Sp shal Kot?
A Special Court for Sierra Leone Publication
October 2011
Outreach Section-
Prosecutor's Office
Sentence
Statute
Subpoena
Suspect
Outreach and Public Affairs is a section in the
Special Court responsible for enhancing the
relationship between the entire Court and the
people of Sierra Leone, as well as creating a
comprehensive understanding of the activities and
mandate of the Court.
- The office charged with the responsibility for
bringing people suspected of committing crimes
to justice.
- The punishment imposed on an accused person
once he is found guilty.
- The official document setting the structure, scope
and authority of the Special Court. It is an annex to
theAgreement.
- An order of the Court that a person should appear
before the court to give evidence, subject to
penalty for failing to do so.
- A person, not yet charged, about whom the
Prosecutor has information showing that he or she
may have committed a crime under the
jurisdiction of the Special Court.
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sample
*Krio phrase for “What is the Special Court?”
The Special Court Made Simple
Second Edition
Wetin Na Di Sp shal Kot?
29
Glossary
Accuse
Acquittal
Agreement
Chambers -
Charge
Counts
Defence Office -
Detention -
Indictment -
Investigations -
d - A person against whom one or more counts in an
indictment have been confirmed by the Judge.
- The legal certification that an accused person is
not guilty of the charges made against them in
court.
- The accord between the United Nations and the
Government of Sierra Leone which established the
powers and organization of the Court.
The offices of the Judges and their staff.
- To accuse a person of criminal conduct.
- The part of an indictment charging an accused
with commission of a specific crime.
The office responsible for ensuring that the rights
of suspects and accused persons before and during
trials are upheld. The office, in conjunction with
the office of the Registrar, ensures that all accused
persons have competent legal representation.
The act of holding a suspect or accused in custody
before and during the trial.
Formal written statement charging a person with
committing a crime. It is drawn up by the
Prosecutor of the Special Court.
Activities undertaken by the Prosecutor and
Defence in collection of information and evidence
for trials.
2006
2007
2008
2009
2011
On 29 March, Charles Taylor was transferred to the
jurisdiction of the Special Court. On 3 April he pleaded
not guilty to all counts. On 20 June 2006 he was sent
to The Hague.
The Taylor trial opened on 4 June. On 20 June, Trial
Chamber II delivered its judgement in the AFRC trial. In
August, Trial Chamber I handed down judgement in the
CDF trial.
In February the Appeals Chamber delivered its
judgement in the AFRC case, and in May it handed
down its judgement in the CDF case.
In February 2009, Trial Chamber I delivered judgement
in the RUF trial. The Appeals Chamber ruled on the
RUF appeal in October 2009
Closing arguments in the Taylor trial concluded on 11
March. At the time of this writing, the Trial Chamber is
considering its judgement.
In July 2011, the Court took pleas from five persons
charged with contempt for allegedly interfering with
witnesses. One Accused pleaded guilty at his initial
appearance, and the other four (including two convicted
prisoners) pleaded not guilty.
Outreach Mission Statement
The Special Court for Sierra Leone was created to try those who bear the
greatest responsibility for crimes committed in the territory of Sierra
Leone from 30 November 1996 – the date of the failed Abidjan Peace
Accord between the Government of Sierra Leone and the Revolutionary
United Front rebels – until the end of the conflict.
of Sierra Leone and the sub-region with the Special Court. Outreach's
mission is to promote understanding of the Special Court and respect for
human rights and the rule of law.
Through diverse programmes that disseminate information and
encourage dialogue, Outreach fosters an environment of two-way
communication between the people and the Special Court. Outreach
facilitates the participation of Sierra Leoneans and others in the judicial
process of the Special Court.
Outreach works with all branches of the Special Court. Its relations with
both Prosecution and Defence are based on the fundamental principles of
impartiality and independence.
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Timeline of the Court
2000
2002
2003
2004
2005
In June, the Government of Sierra Leone wrote to then-
UN Secretary General Kofi Annan requesting
assistance in setting up a war crimes tribunal. In August
the UN Security Council passed Resolution 1315
authorising the Secretary-General to establish the
Special Court for Sierra Leone.
In January, the UN and the Government of Sierra Leone
signed an Agreement to establish the Special Court. The
Agreement was ratified by Sierra Leone's Parliament in
March. In April, the UN Secretary-General appointed
the first Registrar and Prosecutor. The appointment of
the first eight Judges was announced in August; they
were sworn-in in December.
The first indictments were issued in March. Between
March and September,13 persons were indicted. In
June, the Prosecutor unsealed the indictment against
former Liberian President Charles Taylor. In December
the indictments against Foday Sankoh and Sam
Bockarie were withdrawn because the two men had
died.
In October and November the Appeals Chamber heard
oral arguments on Defence preliminary motions
challenging the jurisdiction of the Special Court. All were
eventually dismissed. Two significant decisions held that
the use of child soldiers was recognized as a
crime during the period under the Court's jurisdiction, and
that Charles Taylor did not have immunity from
prosecution because he had been President of Liberia.
The CDF trial opened on 5 June and the RUF trial
began a month later, on 3 July.
Trial Chamber II was established in February to hear the
AFRC (and later the Taylor) trial. The AFRC trial opened
on 7 March.
Acknowledgements
This booklet was produced by the Outreach and Public Affairs Section of
the Special Court. We would like to thank all sections of the Special Court
which contributed, especially the Office of the Prosecutor, the Office of
the Principal Defender, and the Registrar's Office.
return, he could be tried by Special Court Judges, or he could face trial in a
country where the law allows trials on international charges. The decision
would be made by the Residual Special Court.
Why were the people convicted by the Special Court
imprisoned in Rwanda?
Can the Special Court address other crimes, such as
political violence?
What will happen to the Special Court site after the
Court closes?
The wing of Rwanda's Mpanga Prison which houses the SCSL prisoners
was originally built to house prisoners of the ICTR, and it meets the
international standards for security and the treatment of prisoners which is
required of international courts. At present, there is no prison in Sierra
Leone which meets these required standards.
No. The Special Court's mandate is to try those who bear the greatest
responsibility for serious crimes committed during Sierra Leone's civil
war. Political violence and other crimes fall under the jurisdiction of the
national courts.
The Court site, along with the courthouse and other buildings built by the
Special Court, will be handed over to Government for the people of Sierra
Leone. It is for Government to decide how the buildings will be used, but
some of those decisions have already been made. The courthouse will be
handed over to the Sierra Leone judiciary, and will house the Supreme
Court. The security building is being transformed into a Peace Museum,
which will house the archives of the Special Court, the TRC, and other
institutions, and will include artefacts of the war and a memorial to the
victims of the conflict.Already, the detention area has been handed over to
the Sierra Leone Prison Service, and the Sierra Leone Law School is
occupying part of the former Registry compound.
Foreword
This second edition of “The Special Court Made Simple” is produced by
the Outreach and Public Affairs Section of the Special Court for Sierra
Leone. Its aim is to make our mission and procedures more accessible to
all readers, especially those in the rural areas remote from the Special
Court.
After the Special Court completes its work and closes, this booklet will
serve to remind readers of the Court's role in addressing crimes committed
during the war, and its work to end impunity and help re-establish the rule
of law.
As in the first edition, this booklet explains key concepts in non-legal
language, accompanied by illustrations which communicate the same
message. These illustrations are not meant to be exact representations, but
are meant to communicate concepts which are often quite abstract and
complex. In addition, this booklet looks at the accomplishments of the
Special Court.
This booklet is one of Outreach's many initiatives to provide information
about the Special Court.
Binta Mansaray
Registrar, Special Court for Sierra Leone
October 2011
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Why were certain persons tried and not others?
Where did the Court get its money?
Will witnesses still be protected after the Special
Court closes?
If Johnny Paul Koroma turns up after the Special
Court closes, can he still be tried?
The Special Court's mandate was to try those “bearing the greatest
responsibility” for serious crimes committed during the war. Before a
Prosecutor can indict anyone, he must have a strong case against that
person. It is not enough to show that a person held a high political or
military position during the war. He must also show that the person was
responsible for the crimes committed.
The Court is supported voluntary contributions from over 30
governments from all over the world who want to help Sierra Leone and
pay for the Special Court to operate. That money was not part of Sierra
Leone's development aid, and was given only to support the Court. This
means it could not be used for any other purpose.
The Court has also received subventions from the United Nations. The
Government of Sierra Leone provided the land where the Special Court is
located.
Yes. The indictment will remain in force. If Johnny Paul Koroma were to
Yes. The Residual Special Court, which will replace the Special Court,
will be responsible for witness protection. Anyone who interferes with,
threatens or otherwise tampers with witnesses will be arrested and tried
for contempt of court. A person convicted of contempt could face a prison
sentence of up to seven years. The Residual Special Court will also make
decisions regarding convicted prisoners who are serving their sentences,
and will oversee the Court's archives.
QUESTIONS ABOUT THE SPECIAL COURT ANSWERED
These are some of the questions that have been asked in community
sample
2
Who is this book for?
This book is for you. It explains in clear language and pictures how the
Special Court works, why it was created, and what it has achieved. Not all
of your questions can be answered by this book. We hope that you find it
interesting and that it will help you to understand more about the Special
Court.
Sierra Leoneans read this book and learn about the Special Court.
sample
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Sierra Leone After the Court
Soon the Special Court will finish its work. By then, the people who
caused so much suffering will be serving their prison sentences. The Court
hopes that in the future, leaders everywhere will be afraid to order people
to commit serious crimes. This will help to create respect for human rights
and respect for the rule of law. The Court asks all people to join it in
supporting peace and justice in Sierra Leone and the sub-region.
Together the Special Court and the people of Sierra Leone
will move towards peace and justice.
3
The Accused
Who did the Special Court try?
The Special Court indicted thirteen persons for war crimes, crimes
against humanity, and other serious violations of international
humanitarian law. Five of them were leaders of the Revolutionary United
Front (RUF) rebels: Foday Saybana Sankoh, Sam Bockarie, Issa Sesay,
Morris Kallon and Augustine Gbao; four of them were leaders of the
Armed Forces Revolutionary Council (AFRC): Johnny Paul Koroma,
Alex Tamba Brima, Ibrahim Bazzy Kamara and Santigie Borbor Kanu;
and three of them were leaders of the Civil Defence Forces (CDF): Sam
Hinga Norman, Moinina Fofana and Allieu Kondewa. The Court is also
trying former Liberian President Charles Taylor. They were not tried
because they were leaders of those groups. They were tried for crimes for
which they were responsible.
Eight persons have been found guilty of various crimes, and they received
sentences ranging from 15 years to 52 years.
Revolutionary United Front (RUF): Issa Hassan Sesay, the RUF Interim
Leader, and Morris Kallon, a senior RUF commander, and Augustine
Gbao, the RUF's Chief of Security, were tried and convicted for
extermination, collective punishments, rape, sexual slavery, forced
marriage, mutilation and enslavement (crimes against humanity);
murder, outrages on personal dignity, cruel treatment and looting and
burning (war crimes), and attacks against a peacekeeping mission. In
addition, Sesay and Kallon were convicted of using child soldiers and for
the murder of UN peacekeepers.
Armed Forces Revolutionary Council (AFRC): Alex Tamba Brima
Ibrahim Bazzy Kamara and Santigie Borbor Kanu (aka: “Five-
Five”, all senior members of the AFRC, were convicted for
extermination, murder, rape and enslavement (crimes against humanity);
acts of terrorism, collective punishments, murder, outrages upon personal
dignity, cruel treatment and pillage (war crimes), and for the use of child
soldiers.
(aka:
“Gullit”),
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Punishment
If the Judges decide that an Accused is guilty, that person will be sent to
prison. Those persons convicted by the Special Court are serving their
sentences in Rwanda, to ensure both adequate security and international
standards of detention.
The Court can also look at the guilty person's property, and it can even take
the guilty person's property and money if this property and money was
acquitted unlawfully. The Special Court can order the guilty person to
give the property or money to its rightful owners, or if they cannot be
found, to Sierra Leone, which must use it for the benefit of victims of the
war.
If found guilty, a defendant will be sentenced to prison.
No one will be sentenced to death.
Civil Defence Forces (CDF): Moinina Fofana, the CDF's Director of War,
and Allieu Kondewa, the CDF's Initiator/High Priest, were convicted for
murder and inhumane acts (crimes against humanity) and for murder and
pillage (war crimes).
RUF leader Foday Saybana Sankoh and RUF Battlefield Commander
Sam Bockarie died before they could be brought to trial, and CDF
Coordinator Sam Hinga Norman died before the judgement could be
delivered. The fate and whereabouts of former AFRC leader Johnny Paul
Koroma is unknown.
As of this writing, the Trial Chamber is considering its judgement in the
case of former Liberian President Charles Taylor. He has pleaded not
guilty to 11 counts of war crimes, crimes against humanity, and other
serious violations of international humanitarian law.
4
sample
What crimes
did
the Court look at?
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After the Trial
Appeals
Once the Trial Chamber has decided that someone is guilty or not guilty,
both the convicted person and the Prosecutor can appeal the Judgement.
That means that the Judges of the Appeals Chamber will review the
judgement, and decide whether the judgement was reached fairly and the
trial was held is in accordance with the law and the rules of the Court.
Once the Appeals Judges have reviewed the Trial Chamber’s Judgement,
any punishment decided will be carried out.
The Appeals Chamber reviews the initial judgement at the
request of either the Prosecution or the Defence.
The Special Court's mandate is to try “those who bear the greatest
responsibility” for crimes against humanity, war crimes, other serious
violations of international humanitarian law, and for certain crimes under
Sierra Leonean law.
A crime against humanity is committed when the crime is part of a
widespread or systematic attack on a civilian population. A war crime is
one in which an armed force commits crimes against “protected persons,”
such as prisoners of war, wounded soldiers, non-combatants, or persons
who had ceased to be combatants.
Other serious violations of international humanitarian law include attacks
directed at civilians, the use of child soldiers, and attacks against United
Nations peacekeepers.
During the war, many terrible crimes were committed; many innocent
civilians were killed, tortured, raped, mutilated and enslaved. Men,
women and children suffered terrible abuse. Houses were burnt,
possessions were looted, and entire villages were destroyed. Under the
law, these are crimes against humanity and war crimes. These crimes
happened to many people in many places – they were widespread or
systematic. The Special Court could only try crimes committed after 30
of November 1996.
th
5
6
Why was the Special Court
for Sierra Leone created?
The Special Court started because Sierra Leoneans asked the world to
help them try those people who bear the greatest responsibility for crimes
that occurred during the country's civil war. The international community
answered that call because they believed that only by holding people
accountable will Sierra Leone truly know lasting peace.
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Judgement
After listening to all sides, and considering all the evidence, the Judges
decide if the accused is guilty or not guilty. If the Accused is found not
guilty, and the Appeals Chamber agrees, then the Accused is acquitted of
the charges and set free.
If the Accused is found guilty beyond a reasonable doubt, the Judges will
give him a prison sentence. The Judges will give a punishment that is just,
taking into account all the facts. The Judges must give a sentence of a
term of years, and cannot impose the death penalty or give a life sentence.
At the end of the trial, the Judges decide on the basis of the evidence
presented whether or not the Accused is guilty.
The people of Sierra Leone asked the international
community to intervene.
7
The Special Court for Sierra Leone was created to try people who
committed terrible crimes during the country’s civil war – but it was not
meant to try everybody who committed a crime. The Special Court could
only try the people who bear the greatest responsibility for those crimes.
That means that the Special Court did not try simple foot soldiers, rank
and file combatants, or mid-level commanders. Also, because children
cannot be held responsible in the same way that adults can, no children
were tried.
The Special Court was established to try those leaders who were the most
powerful during the war and where the evidence showed that they
who are found guilty of these crimes do not walk away free.
Greatest responsibility
The Special Court tries those deemed to bear
the greatest responsibility.
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The Trial
Trial
During the trial, the Prosecutor and the Defence will tell the Judges their
own version of the facts. The Prosecutor will accuse the indictees of
crimes and give all his evidence to the Judges. The indictees will answer
the charges with the help of Defence lawyers. Both sides can ask
questions and make objections. Both sides are allowed to call witnesses
and present evidence. Both sides will try to convince the Judges that they
are right. Almost all the testimony is held in public. Trial sessions are
closed to the public only when the Judges believe that it is necessary for
the security and the safety of witnesses and victims. The judgement that
the Judges make in the end is pronounced in public. This means that
everyone can find out what is happening during the trials.
At the trial the Prosecution and Defence present arguments as to
whether or not the Accused is guilty.
8
The Creation of the Special Court
How Does the Special Court Work?
The Special Court was created by an agreement between the
Government of Sierra Leone and the United Nations. It is judicially
independent of those who created it.
The Government of Sierra Leone and the United Nations worked
together to create the Special Court.
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Disclosure
In order to make sure that everything is fair and transparent, the
Prosecutor and Defence must share statements, books, pictures, and
objects that they plan to use at trial. This means that no one can hide
important evidence. It also means that each side can check what the other
side is planning to say, to make sure that it is true.
The Prosecution and Defence must exchange information
they have collected.
The Role of the Prosecution
The Office of the Prosecutor (OTP) gathers evidence on crimes
committed during the war. The OTP also presents evidence in court to
show that the accused are guilty of those crimes. The OTP is led by
Prosecutor Brenda Hollis of the United States. Previous Prosecutors
came from the US and the UK. Previous Deputy Prosecutors came from
the UK,Australia and Sierra Leone.
The Role of the Judges
Judges are people who are in charge of the trials. Judges listen to both
sides of each case and consider the evidence. They are not biased. They
listen to the evidence and witnesses brought by the Prosecution, and also
to the evidence and witnesses brought by the Defence. After considering
the evidence from both sides, they decide whether theAccused is guilty or
not guilty. If an Accused is found guilty, he will be sentenced to a term of
imprisonment. Some Judges sat on the two Trial Chambers to decide
cases. A Trial Chamber consists of three Judges. There is also an Appeals
Chamber of five Judges. The Appeals Chamber reviews decisions and
judgements of the Trial Chambers to ensure that they are fair and that they
were decided in accordance with the law and the rules of the Special
Court. An Alternate Judge was appointed to the Trial Chamber hearing
the Taylor trial.
9
18
Questioning of the accused and
investigations by Defence
After the initial appearance, the Prosecutor cannot question an accused
person unless a Defence lawyer is present or the defendant asks to speak
to the Prosecutor alone. This means that accused people have someone
with them who can make sure that their rights are being respected.
After the initial appearance, the Defence investigators collect evidence to
show the Judge that the Prosecutor's arguments are wrong.
The Prosecutor may question the accused only in the presence of a
Defence lawyer unless the defendant requests to speak with the
Prosecutor alone.
The Prosecution presents evidence to show the accused is guilty.
10
The Role of the Defence
Each accused person is allowed to choose lawyers to defend him. If the
Accused does not have enough money to pay for a lawyer, the Defence
Office (also called the Office of the Principal Defender) ensures that the
Accused are represented in court by competent counsel, that they
understand the charges against them, and that they are treated fairly and in
accordance with the law. If the Accused cannot pay for a lawyer, the
Special Court will pay for his defence.
The Defence Office is headed by a Principal Defender. The Principal
Defender ensures the rights of the Accused, and makes sure that they are
defended by competent lawyers. The Principal Defender is Claire
Carlton-Hanciles of Sierra Leone. Previous Principal Defenders came
from the United States, Nigeria and Uganda.
The Role of the Registry
The function of the Registry is to ensure that the trials take place without
problems. The Registry is headed by the Registrar, who is responsible for
the overall administration of the Special Court. Sections within the
Registry are Court Management, the Witness and Victims Section,
Finance, Security, and Outreach and PublicAffairs, amongst others.
The Registry is led by the Registrar, Binta Mansaray, of Sierra Leone.
Previous Registrars came from the UK, Malawi, and the Netherlands.
17
Initial appearance of accused and plea
At the initial hearing, the Judge asks the Accused
to plead guilty or not guilty.
The Defence presents evidence to show the accused is not guilty.
Once he is at the Special Court, the Accused will have to plead guilty or
not guilty. If he pleads guilty, it means that he accepts his guilt and agrees
with what the Prosecutor has told the Judge. If he pleads not guilty, it
means that he does not agree with the Prosecutor. Before the trial starts,
the Court discusses how the trial will work and ensures that the Accused's
rights are being respected. The Accused has a right to a fair and public
hearing.
11
Investigations
Before the Trial
The Special Court does not try anyone unless the Prosecutor has
collected evidence to show that there is a credible case against him.
Prosecution investigators interview witnesses, victims and perpetrators,
and look at other evidence to find out the facts about the horrible crimes
that were committed.
Investigators find evidence about what actually happened
during the conflict.
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Rights of the Accused
When the Indictees are transferred to the Special Court, they have the
right to have a lawyer. This means that they have someone who can
represent them in court, and who can defend them against the
Prosecution's charges. The lawyers who represent the Indictees are
carefully chosen to make sure that they are well qualified. They help the
Indictees to understand how the Special Court works.
The Defence lawyer explains and defends the rights of the Accused.
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Witnesses
Both the Prosecution and the Defence may ask people to appear as
witnesses if they have information which can help the Judges to decide if
an Accused is guilty or not guilty. Some of the witnesses were victims
who testified about the crimes that were committed. Others were people
who witnessed crimes, or even committed crimes themselves.
If a person agrees to testify before the Court, the Special Court will not
allow him to be harassed or hurt. The Special Court will also protect the
families of witnesses who are threatened, and will prosecute anyone who
threatens or interferes with witnesses.
15
Arrest: Part II
An arrest or indictment does not mean that the Accused is guilty. That can
only be decided by the Judges after a fair trial.
When they are arrested, Accused are brought to the Court so that the
Judges can hear the evidence of both the Prosecution and the Defence.
The Judges may not judge a person without hearing evidence from both
sides. When someone is arrested, he can be detained. No one is
mistreated, abused, or tortured when he is arrested or when he is held in
detention.
Witnesses present evidence about the guilt or otherwise
of the accused.
…and put into detention
13
Indictment
The international community and the Government of Sierra Leone
are asked to arrest the person named on the indictment.
14
Arrest: Part I
When the Judge approves the indictment, he will issue a warrant for the
arrest of the Accused. This means that the Court asks the Government of
Sierra Leone, or any other government, to arrest the Accused and bring
him to the Special Court so that he can be tried.
After an indictment an accused person is arrested…
When Prosecutors find evidence that someone may bear the greatest
responsibility for crimes that were committed, the Special Court Judges
may approve the indictment. An indictment is an official document
prepared by the Prosecutor and approved by the Judges which lists the
charges against anAccused.
In the indictment, the Prosecutor summarises the evidence he is bringing
against the person who is charged. A Judge approves the indictment only
if the crimes are ones the Court can look at. Once a person is indicted he is
known as an , or an .Accused Indictee
