Court name
Special Court for Sierra Leone
Case number
SCSL 14 of 2004

Prosecutor v Sam Hinga Norman & Ors - Annex I to the Decicion on Prosecution's Motion for Judicial Notice and Admission of Evidence (SCSL 14 of 2004) [2004] SCSL 122 (02 June 2004);

Law report citations
Media neutral citation
[2004] SCSL 122


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA
ROAD • FREETOWN • SIERRA LEONE

PHONE: +1 212 963 9915
Extension: 178 7000 or +39 0831 257000 or +232 22 295995

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295996


THE TRIAL CHAMBER


Before:
Judge Bankole Thompson, Presiding Judge
Judge Benjamin Mutanga
Itoe
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
2nd June, 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu
Kondewa

(Case No.SCSL-04-14-PT)


ANNEX II TO THE DECISION ON PROSECUTION’S MOTION FOR
JUDICIAL NOTICE

AND ADMISSION OF EVIDENCE


Office of the Prosecutor:

Defence Counsel for Sam Hinga
Norman
:
Luc Côté
Robert Petit

James Jenkins-Johnston


Defence Counsel for Moinina
Fofana
:


Michiel Pestman


Defence Counsel for Allieu
Kondewa
:
Charles Margai


ANNEX II TO THE DECISION


(I) As To Their Existence and Authenticity


Reports of the UN Secretary General on the Situation in Sierra
Leone


9. 21 November 1995 (S/1995/975)
Traces peace efforts at the time of
Strasser’s government and UN involvement in bringing the government and
RUF to negotiations.
Reports hostage taking of foreigners and nationals
including nuns and advances by the RUF in Kono district. The diamond fields of
Kono were retaken by government forces. Reports nearly 2 million
IDPs.


10. 5 December 1997 (S/1997/958)
Covers developments since the
first report, 21 October 1997. Implementation of 1997 Conakry peace plan.
Notably it was to include
the provision of immunities and guarantees for coup
leaders. Sankoh was to return to Sierra Leone to contribute to the peace
process.
Mentions reports of difficulties in relationship to AFRC/RUF in
South-East and East.


11. 5 February 1998 (S/1998/103)
Reports dispatch of a technical
survey team. Junta in control of Freetown. CDU conducting guerrilla-style action
against junta and
claimed to control all major roads. CDU forces led by Hinga
Norman, Deputy Defence Minister in Kabbah’s government.


12. 18 March 1998 (S/1998/249)
ECOMOG attack on junta resulting in their
expulsion by force from Freetown after heavy fighting. Return of Kabbah to
Sierra Leone.


13. 9 June 1998 (S/1998/486)
Restoration of government on 10 March 1998.
Trials in Freetown started 6 May of persons accused of plotting coup. 30-31 May
1998,
Margai and Norman visited Makeni and Kenema and called on remnants of
AFRC/RUF to surrender. Reports that ECOMOG troops approached
towns, former junta
elements attacked the local civilian population, killing, raping and mutilating
and causing tens of thousands
to flee into Guinea and Liberia. ECOMOG supported
by units of the CDF. See para 30: 5 May 1998, Taylor wrote to the
Secretary-General
deprecating the “disturbing allegations” that the
government of Liberia was involved in the conflict in Sierra Leone
and proposing
that the border be “cordoned off”. See especially paras 35-7 on
attacks on civilians.


14. 12 August 1998 (S/1998/750)
Reports on relation between Liberia and
Sierra Leone improving. Reports of continued battles between ECOMOG and the
rebels. Introduced
role of UNAMSIL. Mentions 58 persons being tried for treason,
murder and arson against a background of public anger and desire for
quick
justice.


15. 16 October 1998 (S/1998/960)
Issue of trial of Sankoh after being
brought back from Nigeria is highlighted. 17 August 1998, RUF announced a terror
campaign against
civilians, CDF and ECOMOG if the government failed to release
Sankoh but government made it clear Sankoh would stand trial (trial
commenced 24
September 1998). See especially paras 21-24 on human rights abuses.


16. 16 December 1998 (S/1998/1176)
Reports executions of 24 officers found
guilty of treason after a court martial. On 23 October 1998, Sankoh was found
guilty of treason
and sentenced to death by hanging but was to appeal. Rebel
activities including attacks on civilians are reported to continue (see
especially paras 36-39). It is reported that a rift appears to have arisen
between the AFRC remnants in the North and the RUF in
the East. It is mentioned
that frequent reports of children being sent into combat environments are being
sent in.


17. 4 March 1999 (S/1999/237)
Describes attack on Freetown on 6 January
1999. Para 21 states: “the ultimate responsibility for the fighting, for
most of the
civilian casualties and for the related humanitarian emergency in
Freetown rested with the rebels”. It is reported that much
fighting was
carried out by child fighters or those under the influence of drugs or
alcohol.


18. 4 June 1999 (S/1999/645)
Reports signing of cease fire agreement and
Lome negotiations. Sankoh granted absolute and free pardon. Attrocities against
civilians
reported to continue. Concerns of human rights violations by ECOMOG
and CDF, including widespread recruitment of children by CDF.


19. 30 July 1999 (S/1999/836)
Reports singing of Lome peace agreement and
main provisions.


20. 6 December 1999 (S/1999/1223)
Post-Lome structure government.
Deterioration in human rights situation with an escalation of attacks on
civilians by former rebel
elements.


21. 19 May 2000 (S/2000/455)
Reports armed attacks on UN peacekeepers and
detention of UN personnel by RUF. Mention is made of preliminary reports
suggesting child
combatants have been used extensively during the conflict.


Other UN Reports


31. UNICEF Press Release, “Stop Using Child Soldiers, Sierra Leone
Told,” 19 June 1997.


Comments on recruitment of child soldiers by the AFRC and also states that
between 1992 and 1996 4500 children were forced to fight
on the RUF and
government sides.


32. UNICEF Monthly Report, “Events Pertaining to Childen,” 31
July 1999.


Refers to CDF pledge on 18 June 1999 to stop recruitment of children:
“Kamajor Action Plan” signed by Hinga Norman.


(II) As To Their Existence, Authenticity and Contents.


UN Security Council Resolutions


22. Resolution 1346 (30 March 2001)
23. Resolution 1313 (4 August
2000)
24. Resolution 1306 (5 July 2000)
25. Resolution 1299 (19 May
2000)
26. Resolution 1289 (7 February 2000)
27. Resolution 1270 (22
October 1999)
28. Resolution 1220 (12 January 1999)
29. Resolution 1181
(13 July 1998)
30. Resolution 1132 (8 October 1997)


Maps, Peace Agreements, Treaties


33. The Lome Peace Accord, The Peace Agreement Between the Government of
Sierra Leone and Revolutionary United Front of Sierra Leone
(RUF/SL), 7 July
1999.


34. The Abidjan Peace Accord, The Peace Agreement between the Government of
the Republic of Sierra Leone and the Revolutionary United
Front of Sierra Leone
(RUF/SL), 30 November 1996.


35. The Conakry Accord: ECOWAS SIX-MONTH PEACE PLAN FOR SIERRA LEONE 23
OCTOBER 1997 – 22 APRIL 1998, 23 October 1997.


36. Ceasefire Agreement Between Government and the Revolutionary United
Front, 18 May 1999.


37. Map of Sierra Leone, Scale 1:350,000 UNAMSIL Geographic Information
Service, 6 May 2002.


38. ICRC List of States party to the Geneva Conventions and their Additional
Protocols.


39. Geneva Conventions of 12 August 1949 and their Additional Protocols of 8
June 1977.