The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.
Following its dissolution in 2013, it was replaced by the Residual Special Court for Sierra Leone in order to complete its mandate and manage a variety of ongoing and ad-hoc functions, including witness protection and support, supervision of prison sentences and claims for compensation.
On 26 April 2012, former Liberian President Charles Taylor became the first African head of state to be convicted for his part in war crimes.
Origin On 12 June 2000, Sierra Leone's President Ahmad Tejan Kabbah wrote a letter to United Nations Secretary-General Kofi Annan asking the international community to try those responsible for crimes during the conflict. 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.
On 10 March 2004, the new courthouse building of the Special Court for Sierra Leone was officially opened, before an audience of national and international dignitaries."Special Court of Sierra Leone unveils new building that will be home to trials" , UN News Centre, 10 March 2004
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.
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.
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. For a detailed discuss of the sentencing practice and punishments imposed by the Special Court for Sierra Leone read Shahram Dana, The Sentencing Legacy of the Special Court for Sierra Leone, 42 Georgia Journal of International and Comparative Law 615 (2014).
Commuting sentences would be up to the state in consultation with the court.
Structure The Special Court consisted of three institutions: the Registry, the Office of the Prosecutor, and the Chambers (for trials and appeals).
Registry
The Registry was responsible for the overall management of the court.
Registrars:
Name Country Appointed by Acted from Appointed Term ended Robin Vincent United Kingdom Secretary-General 19 April 2002 10 June 2002 3 October 2005 Lovemore G. Munlo Malawi Secretary-General 3 October 2005 24 February 2006 20 March 2007 Herman von Hebel Netherlands Secretary-General 20 March 2007 20 July 2007 1 June 2009 Binta Mansaray Sierra Leone Secretary-General 1 June 2009 16 February 2010 2 December 2013
Office of the Prosecutor
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. The prosecutor and her team investigate crimes, gather evidence and submit indictments to the judges. 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.
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).
At closure there were twelve judges, of which seven were Trial Judges (five UN appointed—including one alternate—and two nominated by the Sierra Leone government). The remaining five were Appeals Judges, three of whom were appointed by the UN and two nominated by the Sierra Leone government. Judges were appointed for a term of three years, with an option for re-appointment.
Appeals Chamber:
Name Country Position Appointed by Appointed Term endedShireen Avis Fisher United States President Secretary-General 2009 2013Emmanuel Ayoola Nigeria Vice-President Secretary-General 2002 2013George Gelaga King Sierra Leone Member Sierra Leone 2002 2013Renate Winter Austria Member Secretary-General 2002 2013Jon Kamanda Sierra Leone Member Sierra Leone 2007 2013Philip Nyamu Waki Kenya Alternate Sierra Leone/Secretary-General 27 February 2012
Trial Chamber I judges:
Name Country Position Appointed by Appointed Term endedPierre G. Boutet Canada Presiding Judge Secretary-General 2002 2013Rosolu John Bankole Thompson Sierra Leone Member Sierra Leone 2002 2013Benjamin Mutanga Itoe Cameroon Member Secretary-General 2002 2013
Trial Chamber II judges:
Name Country Position Appointed by Appointed Term endedRichard Lussick Samoa Presiding Judge Sierra Leone 2005 2013Teresa Doherty United Kingdom Member Secretary General 2005 2013Julia Sebutinde Uganda Member Secretary General 2005 2013El Hadji Malick Sow Senegal Alternate(Charles Taylor trial) United Nations 2007 2013
Former judges Geoffrey Robertson United Kingdom (2002–2007), appeals chamber, quit under allegations of bias over publication of a book vilifying the RUF. Raja N. Fernando Sri Lanka (2004–2008), appeals chamber, died.
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 Geneva Conventions and of Additional Protocol II (war crimes), other serious violations of international humanitarian law, and crimes under Sierra Leonean law. 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.
A total of 23 people have been indicted in the SCSL. Proceedings against 22 people have been completed: six are serving their sentences, one died while serving his sentence, nine have finished their sentences, three have been acquitted, and three have died prior to the conclusion of the proceedings against them. Proceedings against one person, Johnny Paul Koroma, are ongoing; he is a fugitive, although he is believed to be deceased.
Overview The list below details the counts against each individual indicted in the Court 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 war crimes and violations of international humanitarian law, D 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 Detained Current status 7 10 Died on ; charges withdrawn on 7 8 Died on while serving sentence of 50 years' imprisonment 8 10 Serving sentence of 40 years' imprisonment in Rwanda 7 10 Fugitive; reported to have died in 2003 or on 10 or 11 August 2017 2 6 Died on ; proceedings terminated on 7 10 Died on ; proceedings terminated on 8 10 Serving sentence of 52 years' imprisonment in Rwanda 5 6 Serving sentence of 50 years' imprisonment in 8 10 Paroled on 7 8 3 Serving sentence of 46 years and 50 weeks' imprisonment in Rwanda 2 6 Completed commuted sentence on (released on ) 2 6 Completed commuted sentence on (released on ) 7 8 2 Serving sentence of 51 years and 50 weeks' imprisonment in Rwanda 1 Acquitted on 1 Completed sentence of year's probation on 1 Completed sentence of year's probation on 1 Completed sentence of year's probation on 1 Completed sentence of year's probation on 2 Completed sentence of imprisonment on 2 Completed commuted sentence on 9 Completed sentence of years' imprisonment on 1 Acquitted on — 9 Acquitted on Notes
Civil Defence Forces (CDF) Three of the indictees were leaders of the Civil Defence Forces (CDF), i.e. Allieu Kondewa, Moinina Fofana, and former Interior Minister Samuel Hinga Norman. 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.See:
Revolutionary United Front (RUF) Five leaders of the Revolutionary United Front (RUF) were indicted: Foday Sankoh, Sam Bockarie, Issa Hassan Sesay, Morris Kallon and Augustine Gbao. 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.
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), Brima Bazzy Kamara and Santigie Borbor Kanu (also known as Five-Five). Their trial began on 7 March 2005.
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.
Charles Taylor The former President of Liberia, Charles Taylor, was accused of involvement in the civil war. Taylor was originally indicted in 2003, but he was given asylum in Nigeria after fleeing Liberia. 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.