Special Court for Sierra Leone

Special Court for Sierra Leone (Residual Court for Sierra Leone) SCSL (RSCSL)
United Nations flag
main building
English designation	Special Court for Sierra Leone
organization type	Hybrid Criminal Court
seat of the organs	Freetown , Sierra Leone
presidency	RSCSL President, Jon Kamanda (since December 2018)
official and working languages	English
founding	2002 (2013)
resolution	2013 (ongoing)
www.rscsl.org

The Special Court for Sierra Leone ( SCSL ) , based in Freetown , was a hybrid criminal court created by a bilateral treaty between Sierra Leone and the United Nations on January 16, 2002 . Two days later, Sierra Leone's President Ahmad Tejan Kabbah declared the end of the civil war in a ceremony. In 2013 the Special Court for Sierra Leone was closed. Since then, again through a bilateral treaty between Sierra Leone and the United Nations, the residual has followedSpecial Court for Sierra Leone (RSCSL) this and administers the existing legal obligations.

The SCSL was an international court which, according to its statute , could not only prosecute crimes under international law but also certain violations of national law, and was thus the first of its kind. It was guarded by Mongolian soldiers.

The site of the former court also now houses the Sierra Leone Peace Museum . The Court of Justice building is largely left to decay.

residual court

mandate

The RSCSL has to guarantee the continuation of the legal obligations of the SCSL. He is responsible for the archives as well as witness protection and supporting the Sierra Leone Correctional Service . As a special duty, he has the right to bring charges against and conduct the trial of the only fugitive suspected war criminal of the Civil War, Johnny Paul Koroma . He was declared dead in 2003 , and he is said to have died in his homeland in 2017.

organizational structure

judge	country of origin	status	Appointed by	tenure
Jon Kamanda	Sierra Leone	President Vice President Member		since 2018 2014–2016 since 2013
Teresa Anne Doherty	United Kingdom	Vice President Member	general secretary	since 2018 since 2013
Abdulai Hamid Charm	Sierra Leone	member	Sierra Leone	2013-2019
Pierre Boute	Canada	member	general secretary	since 2013
Oagile Bethuel Key Dingake	Botswana	member	general secretary	since 2013
Desmond Babatunde Edwards	Sierra Leone	member	Sierra Leone	since 2013
Shireen Avis Fisher	United States	member	general secretary	since 2013
Andrew John Hatton	United Kingdom	member	general secretary	since 2013
Isaack Lenaola	Kenya	member	general secretary	since 2013
Richard Brunt Lussick	Samoa	member	general secretary	since 2013
Elizabeth Ibamda Nahamya	Uganda	Member Vice President	general secretary	since 2013 2016-2018
Philip Nyamu Waki	Kenya	Member President	general secretary	since 2013 2014-2016
Emmanuel Ekundayo Roberts	Sierra Leone	member	Sierra Leone	since 2013
Miatta Maria Samba	Sierra Leone	member	Sierra Leone	since 2019
Vivian Margarette Solomon	Sierra Leone	member	Sierra Leone	since 2013
Eldred Taylor-Camara	Sierra Leone	member	Sierra Leone	since 2019
John Bankole Thompson	Sierra Leone	member	Sierra Leone	since 2014
Renate Winter	Austria	Member President	general secretary	since 2013 2016-2018
Surname	country of origin	status	Appointed by	tenure
Brenda Joyce Hollis	United States	General Prosecutor	general secretary	2013-2019
James C Johnson	United States	prosecutor general	general secretary	since 2019
Ibrahim Yillah	Sierra Leone	main defender	Sierra Leone	since 2013

special court

mandate

This article or the following section is not sufficiently equipped with evidence ( e.g. individual proofs ). Information without sufficient evidence could soon be removed. Please help Wikipedia by researching the information and providing good evidence.

The SCSL was responsible for the prosecution of those primarily responsible for serious crimes committed on Sierra Leone's territory after November 30, 1996 - although the civil war in Sierra Leone led the Liberian-backed Revolutionary United Front against the changing governments of Sierra Leone (beginning during the presidency of Joseph Saidu Momoh ) and militias had already begun in the early 1990s.

In detail, the jurisdiction of the Criminal Court extends to the criminal prosecution of

• crimes against humanity ,
• serious violations of common Article 3 of the Geneva Conventions or Additional Protocol II,
• other serious violations of international humanitarian law :
  • Recruitment of children under the age of 15 for armed groups ( child soldiers ),
  • deliberate attacks on the civilian population,
  • intentional attacks on UN soldiers, personnel or facilities

under international law, as well as to prosecution

• the abuse of girls under the age of 15,
• trafficking of girls for sexual exploitation and
• arson on buildings

according to national law. He can only accuse and judge individuals, not organizations or governments. Trials can only be opened against those present in person; the maximum penalty for the accused is life imprisonment . The penal system takes place in Sierra Leone, but can also take place in another country if there are special circumstances. In the case of the trial against the Liberian Charles Taylor , who was considered a warlord , and which was relocated to Leidschendam-Voorburg near The Hague for security reasons , it was agreed before the trial that he would serve his sentence in Great Britain if convicted.

Unlike the two UN tribunals, the International Criminal Tribunal for the Former Yugoslavia in The Hague and the International Criminal Tribunal for Rwanda in Arusha, which are funded from the general United Nations budget, the SCSL is funded by voluntary contributions from UN member states .

organizational structure

The Special Court consists of the court administration, a prosecution authority, the office of the chief defense attorney and the tribunals .

The prosecutor is headed by an independently working chief prosecutor. This is appointed by the UN Secretary General . The current chief prosecutor is the American Stephen Rapp. Indictments must be reviewed and approved by one of the judges before they become effective.

The Special Court consists of at least eight judges . Three judges – one appointed by the Government of Sierra Leone and two by the UN Secretary General – form the Chamber of First Instance, five – two appointed by the Government of Sierra Leone and three by the UN Secretary General – the Appellate Chamber . They each elect a presiding judge from among their ranks, with the presiding judge of the Appeals Chamber also being the President of the Special Court.

The last President of the Special Court, since 2008, was Judge Renate Winter (Austria).

Judges are appointed for three-year terms and can be renewed. At the request of the President of the Special Court, up to three additional judges may be appointed to serve at the pre-trial stage or as alternate judges.

chambers

Accusatory Chamber I

#	judge	country of origin	status	Appointed by	tenure
1.	Pierre Boutet	Canada	presiding judge	general secretary	2002-2013
2.	Rosolu John Bankole Thompson	Sierra Leone	member	Sierra Leone	2002-2013
3.	Benjamin Mutanga Itoe	Cameroon	member	general secretary	2002-2013

Accusation Chamber II

#	judge	country of origin	status	Appointed by	tenure
1.	Richard Lusick	Samoa	presiding judge	Sierra Leone	2005-2013
2.	Teresa Doherty	United Kingdom	member	general secretary	2005-2013
3.	Julia Sebutinde	Uganda	member	general secretary	2005-2013
4.	El Hadji Malick Sow	Senegal	Alternate member of the Charles Taylor trial	United Nations	2007-2013

Appeals Chamber

#	judge	country of origin	status	Appointed by	tenure
1.	Shireen Avis Fisher	United States	President Member	general secretary	2012-2013 2009-2013
2.	Emmanuel Ayoola	Nigeria	Vice President	general secretary	2002-2013
3.	George Gelaga King	Sierra Leone	member	Sierra Leone	2002-2013
4.	Renate Winter	Austria	Member President	general secretary	2002-2013 2008-2010
5.	Jon Kamanda	Sierra Leone	member	Sierra Leone	2007-2013
6.	Philip Nyamu Waki	Kenya	alternate member	Sierra Leone/Secretary General	since February 27, 2012
	Geoffrey Robertson	United Kingdom	member		2002-2007 1st
	Raja Fernando	Sri Lanka	member		2004-2008 2

¹ Has resigned from office due to possible bias. ² deceased

detention centers

Those arrested were initially held in a SCSL-renovated Sierra Leone Prison Service detention facility on Bonthe Island before being transferred to Freetown in 2003. There they were housed during the trial in a newly built prison on the grounds of the Special Court. This consisted of two blocks, each with nine prison cells . Up to 10 prisoners were temporarily housed here, including Charles Taylor for a short time in 2006 . 51 prison guards, including six international, were responsible for supervision. Due to security concerns, all of the convicted perpetrators, with the exception of Charles Taylor, were transferred to Mpanga prison in Rwanda .

In 2009 the prison was turned over to the Sierra Leonean State and served as a women's prison as of May 2010 (see Freetown Women's Prison ). Starting in 2012, it was used for up to two years in five cells to enforce discipline against those involved in the main trials.

See also : List of prisons in Sierra Leone

The accused

overview

The table below gives counts of charges, not convictions.

• VgdM = crimes against humanity
• K = war crimes
• O = order for contempt of court

Surname	organization	accusation	Transfer to SCSL	VgdM	K	O	Remarks
Sam Bockarie	CALL	March 7, 2003		07	10		died before the trial began on May 5, 2003
Alex Brima	AFRC	March 7, 2003	March 10, 2003	07	08th		50 years imprisonment; passed away on June 9, 2016
Morris Kallon	CALL	March 7, 2003	March 10, 2003	08th	10		40 years imprisonment
Johnny Paul Koroma	AFRC	March 7, 2003		07	10		on the run, pronounced dead in 2003
Samuel Hinga Norman	CDF ( Kamajors )	March 7, 2003	March 10, 2003	02	06		died before sentencing on February 22, 2007
Foday Sankoh	CALL	March 7, 2003	March 10, 2003	07	10		died before the start of the trial on July 29, 2003
Issa Sesay	CALL	March 7, 2003	March 10, 2003	08th	10		52 years imprisonment
CharlesTaylor	President of Liberia	March 7, 2003	March 29, 2006	05	06		50 years imprisonment
Augustine Gbao	CALL	Apr 16, 2003	March 10, 2003	08th	10		25 years in prison, early release at the end of 2020
Brima Kamara *	AFRC	May 28, 2003	March 10, 2003	07	08th	03	46 years and 50 weeks imprisonment
Moinina Fofana	CDF	June 26, 2003	May 29, 2003	02	06		15 years in prison, early release on March 12, 2015
Alleu Kondewa	CDF	June 26, 2003	May 29, 2003	02	06		20 years in prison, early release in July 2018
Santigie Canoe *	AFRC	Sep 16 2003	Sep 17 2003	07	08th	02	51 years and 50 weeks imprisonment
Brima Samura		Apr 25, 2005	subpoenaed			01	acquitted
Margaret Brima		Apr 25, 2005	subpoenaed			01	1 year probation
Neneh Jalloh		Apr 25, 2005	subpoenaed			01	1 year probation
Esther Kamara		Apr 25, 2005	subpoenaed			01	1 year probation
Anifa Kamara		Apr 25, 2005	subpoenaed			01	1 year probation
Hassan Bangura		May 24, 2011	June 18, 2012			02	18 months imprisonment
Samuel Karbo		May 24, 2011	subpoenaed			02	18 months imprisonment on probation
Eric Senessie		May 24, 2011	June 15, 2012			09	2 years imprisonment
Courtenay Griffiths		June 19, 2012	subpoenaed			01	acquitted
PrinceTaylor		4 Oct 2012	6 Oct 2012			09	acquitted

* including further guilty verdicts on September 25, 2012.

details

Indictments have been filed against a total of 13 suspects, with those against RUF leader Foday Sankoh and his deputy Sam Bockarie having been dropped at the pre-trial stage for their deaths in 2003.

In addition to Charles Taylor , Liberia's former president, who is considered the mastermind and whose trial took place in the premises of the International Criminal Court in The Hague , leading representatives of all three civil war parties have to answer before the SCSL in three other trials:

• in the Civil Defense Forces trial opened on June 3, 2004, former Home Secretary Samuel Hinga Norman (deceased February 22, 2007), as well as Moinina Fofana and Allieu Kondewa ,
• in the Revolutionary United Front trial opened on June 5, 2004 Issa Sesay , Morris Kallon and Augustine Gbao and
• in the Armed Forces Revolutionary Council trial opened March 7, 2005 Alex Tamba Brima , Brima Bazzy Kamara and Santigie Borbor Kanu . Only Johnny Paul Koroma , leader of the AFRC, has not yet been brought to the SCSL - it is considered uncertain whether he should be considered a fugitive or dead.

In February 2007, the main defendant in the Civil Defense Forces trial , Sam Hinga Norman, died. He was taken to the Aristide Le Dantec military hospital in Dakar , Senegal , in January for a routine procedure, where he died of a heart attack on February 22 after the procedure was successful on February 8 . The proceedings against him, which had been pending before the verdict was pronounced, were then dropped; all evidence brought into the previous joint trial against Norman, Fofana and Kondewa will be used in the sentencing of the two remaining defendants. Fofana and Kondewa were sentenced in 2007 to six and eight years in prison, respectively, for murder and for recruiting child soldiers. In 2008, the sentence was increased to 15 and 20 years respectively. Both were taken to a prison in Rwanda .

On June 20, 2007, the Special Court made its first judgments. In the Armed Forces Revolutionary Council trial , all three defendants were found guilty of war crimes and crimes against humanity. On July 19, 2007, the sentence was announced: Alex Tamba Brima and Santigie Borbor Kanu were sentenced to 50 years in prison, and Brima Bazzy Kamara to 45 years in prison. For the first time in the history of international criminal justice, the accused were convicted of recruiting child soldiers . First commentators emphasized the historical significance of the trial, according to Corinne Dufka of the human rights organization Human Rights Watch : "The verdict is groundbreaking - it also proclaims beyond Africa that it is a crime to rob children of their childhood and humanity." April 2012, the Special Court found Charles Taylor guilty. The sentence announced on May 30, 2012 is 50 years. The judgment shows that power brings not only authority, but also responsibility and accountability. "The SCSL has thus taken another important step towards universal criminal prosecution, regardless of the rank and position of a suspected international criminal."

See also

• United Nations Mission in Sierra Leone

web links

• Website of the Special Court for Sierra Leone
• Witness to Truth , Sierra Leone Truth and Reconciliation Commission at sierraleonetrc.org
• Overview of the Special Courts for Sierra Leone and Cambodia ( memento of September 30, 2007 in the Internet Archive ) of the Federal Foreign Office
• Information on the Special Court for Sierra Leone from the Swiss association TRIAL International
• Andrea Böhm: Sierra Leone as a good example - brief information on the SCSL in the period 15/2006
• Michel Arseneault: Reconciliation before justice in Sierra Leone. In: Le Monde diplomatique . October 14, 2005
• Accord pour et Statut du Tribunal Special pour la Sierra Leone, 16 January 2002. In: CICR

itemizations

1. ↑ ^{a b} Our $3.4 Million Special Court Is A Show Of Shame. Sierra Express Media, September 10, 2018.
2. ↑ The Site. Sierra Leone Peace Museum. ( Memento of September 6, 2017 at Internet Archive ) Retrieved May 27, 2017.
3. ↑ Mandates. Residual Special Court for Sierra Leone. Retrieved March 1, 2018.
4. ↑ ab ^{Detention Unit} . SCSL. Retrieved June 30, 2019.
5. ↑ Alpha R. Jalloh: Sierra Leone: Court Says Former War Hero Died of Natural Causes. In: AllAfrica.com , March 28, 2007 (English).
6. ↑ Decision on Registrar's Submission of Evidence of Death of Accused Samuel Hinga Norman and Consequential Issues. (PDF; 372 kB) Decision of the competent chamber of May 21, 2007.
7. ↑ Sierra Leone, Human Rights Development. Human Rights Watch . Retrieved June 19, 2019.
8. ↑ First convictions for war crimes. In: tagesschau.de archive. tagesschau.de , June 20, 2007.
9. ↑ First verdicts against child recruiters. In: tagesschau.sf.tv , July 19, 2007.
10. ↑ Child soldiers recruited: First arrest for rebel leaders. In: n-tv.de , July 19, 2007.
11. ↑ Tribunal finds former President Taylor guilty. In: FAZ Online , April 26, 2012.
12. ↑ Conviction for a Dictator. In: RP. April 27, 2012.
13. ↑ 50 years in prison for former Liberia leader Taylor. ( Memento of June 2, 2012 at the Internet Archive ) In: yahoo.com , May 30, 2012.
14. ↑ Ruhs: Hybrid tribunals. In: rescriptum 2012, 46, 52.