The United Nations-backed special court in Sierra Leone was this week trying to streamline proceedings against 13 people indicted for their part in the 11-year civil war that left 50 000 dead.
The Special Court for Sierra Leone (SCSL) is hearing prosecution applications for a group of nine people accused in two joint trials under two indictments. Under the court’s rules it can be requested, in what is legally referred to as a ”joinder motion”, that a group of individuals accused of the same crimes committed in the course of the same transaction be tried together, says a SCSL statement.
The prosecutor is requesting that six indictees be grouped together in one trial for crimes they allegedly committed while they were members of the Revolutionary United Front and the Armed Forces Revolutionary Council.
The prosecutor is also requesting the remaining three indictees currently in the custody of the SCSL be grouped together in another trial for the crimes they allegedly committed while they were members of the Civil Defence Forces (CDF).
Acting principal defender Sylvain Roy said that while individuals might be tried jointly, the determination of guilt or innocence and potential penalties will be individually assessed.
”The defendants’ lawyers will argue different positions in regard to the request to join the trials,” Roy said.
Decisions about the applications are expected to be made next year.
Meanwhile, SCSL president Judge Geoffrey Robertson has decided that Chief Sam Hinga Norman may testify before the country’s Truth and Reconciliation Commission (TRC).
Norman is a former interior minister and deputy minister of defence. The indictment lists him as a coordinator of the CDF and commander of the largest and most powerful of the CDF militia, the Kamajors. Using child soldiers, the Kamajors were responsible for the majority of abuses committed by those fighting on behalf of the government of Ahmed Tejan Kabbah.
In addition to killings and torture, Kamajors obstructed humanitarian assistance and extorted money or other payment at roadblocks.
Judge Robertson said Norman’s testimony should be presented by way of a sworn affidavit, supplemented if necessary by a meeting with the commissioners — but not by a public hearing broadcast live from the SCSL building.
The appeal was launched to the SCSL president after the presiding judge of the trial chamber, Judge Bankole Thompson, denied a joint request by the TRC and Norman on October 30 for Norman to present testimony at a public hearing.
Judge Robertson warned that Norman might run the risk of self-incrimination if he testified, but that the decision on whether to do so must be his, as advised by his lawyers.
In his decision, Judge Robertson emphasised that there was no conflict between the court and the TRC and that they should respect each other’s separate but complementary role.
”The court will not stop the TRC obtaining information from willing indictees to help it get at the truth,” Judge Robertson said.
”Equally, the TRC has to respect the court’s duty to decide the guilt or innocence of those charged with the greatest responsibility for the commission of violations of international humanitarian law, accordingly the court could not adopt procedures that may damage the rights of fair trial. The Special Court respects the TRC’s work and will assist it as far as is possible and proper.”
The SCSL is mandated to bring to justice ”those who bear the greatest responsibility for atrocities” committed in Sierra Leone after November 30 1996. Nine of its 13 indictees are in jail.
Former military ruler Johnny Paul Koroma is in hiding after police raids in the capital, Freetown. He has told the BBC he fears the Kabbah government is trying to kill him.
One of the primary leaders of the terror campaign, which was marked by thousands of people having their hands hacked off, was Foday Sankoh, who died in July while awaiting trial.
Heading the most wanted list is former Liberian leader Charles Taylor, who allegedly supported rebels and recruited child soldiers from across the border. The SCSL cannot touch Taylor in his hidey hole in Nigeria and President Olusegun Obasanjo has warned against any attempt to snatch him.
Liberian interim President Gyude Bryant has called on Taylor to answer the charges in Freetown, saying it would be the honourable thing to do.