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

Prosecutor v Sam Hinga Norman & Ors - Corrigendum to Decision on Prosecution's Motion for Judicial Notice and Admission of Evidence (SCSL 14 of 2004) [2004] SCSL 138 (23 June 2004);

Law report citations
Media neutral citation
[2004] SCSL 138


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

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Extension: 178 7000 or +39 0831 257000 or +232 22 295995

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295996


THE TRIAL CHAMBER


Before:
Judge Benjamin Mutanga Itoe, Presiding Judge
Judge Bankole
Thompson
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
23 June 2004
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU
KONDEWA

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


DECISION ON REQUEST BY SAMUEL HINGA NORMAN FOR ADDITIONAL
RESOURCES TO PREPARE HIS DEFENCE


Office of the Prosecutor:

Defence Counsel for Sam Hinga
Norman
:
Luc Côté
James Johnson

Sam Hinga Norman


Defence Counsel for Moinina
Fofana
:


Michiel Pestman


Defence Counsel for Allieu Kondewa
Charles
Margai


THE TRIAL CHAMBER (“Trial Chamber”) of the Special Court
for Sierra Leone (“Special Court”) composed of Judge Benjamin
Mutanga
Itoe, Presiding Judge, Judge Bankole Thompson, and Judge Pierre
Boutet;


SEIZED of the Request by Samuel Hinga Norman (“Accused’s
Request”) for adequate and effective resources to prepare his
defence,
made during trial proceedings on the 17th and
18th of June, 2004;


NOTING the Prosecution Response to the Accused’s Request, made
during trial proceedings on the 18th of June, 2004;


NOTING that during trial proceedings on the
18th of June, 2004, the Trial Chamber requested the
Registrar to provide a report in response to the Accused’s Request, and
that
the Registrar assured the Court that he could provide such report to the
Trial Chamber by the 19th of June, 2004;


CONSIDERING Rule 54 of the Rules and Article 17 of the Statute of the
Special Court for Sierra Leone (“Special Court”);


HEREBY ISSUES THIS DECISION:


  1. THE
    SUBMISSION OF THE PARTIES

Norman’s Submissions

1. On the 18th of June, 2004, Norman made a request
to the Trial Chamber, pursuant to Article 17 of the Statute and Rule 54 of the
Rules, for provision
of “adequate and effective resources” to assist
in the defence of his case. The requested resources include the following:

  1. a
    complete computer set;
  2. a
    personal telephone to communicate with his Standby Counsel “at any time of
    the day or night, both locally and
    internationally”;
  1. a
    regular supply of stationery;
  1. an
    assistant;
  2. an
    investigator;
  3. modification
    of the conditions of his detention, that concern existing “lock-up”
    hours from 10.00 p.m. to 7.00 a.m., giving
    him no time to consult with counsel
    or opportunity for exercise;
  4. consideration
    of the poor quantity and quality of food provided at the Detention
    Facility.

Prosecution’s Submissions

2. The Prosecution submit that the Accused has been provided with Standby
Counsel, pursuant to the Consequential Order of the Trial
Chamber, to provide
legal assistance to the Accused. It is argued that the provision of
investigators should also be covered through
the assignment of Standby
Counsel.


3. The Prosecution argued that before a decision is reached by the Trial
Chamber on the provision of resources to the Accused, a security
assessment
should be taken. The Prosecution highlighted the fact that the Accused had
previously had his communication restricted
by an order of the Registrar for
security reasons, based upon his past actions that occasioned a serious risk.
The Prosecution submit
that they would have security concerns if the Accused
were granted internet access and telephone access without restriction.


4. The Prosecution request that a report be provided by the Registrar
addressing their concerns and to provide the Trial Chamber with
guidelines to
assist its decision.


Reply from The Accused


5. In reply, the Accused states that he will not comment on his previous
communication restrictions.


6. The Accused states that the decision on the provision of additional
resources to him should be made by the Trial Chamber and not
by the
Registrar.


7. The Accused asserts that he is not an ordinary Accused person. He is a
Chief and a previous member of Government.


Registrar’s Report

8. On the 19th of June, 2004, the Registrar
submitted a Report the Trial Chamber in response to the Trial Chamber’s
order for the Registrar
to provide a report on the Accused’s Request. The
Trial Chamber has given full consideration to this report.


  1. FINDINGS
    OF THE TRIAL CHAMBER

9. By letter of the 3rd of June, 2004, the
Accused submitted his intention to represent himself in the criminal proceedings
against him. By decision of
the 8th of June,
2004,[1] the Trial
Chamber held that the Accused had a qualified right to represent himself. By
virtue of this Decision and the Consequential
Order[2] issued by the
Chamber on the 14th of June, 2004, the Trial Chamber
ordered the Registrar to appoint Standby Counsel, whose role is defined in the
said Order.

10. The Trial Chamber is now seized with a request from the Accused to
provide him with adequate and effective resources to assist
him in conducting
his defence. In making a determination on this request, the Trial Chamber has
been guided by the Report of the
Registrar on this issue. The Trial Chamber
also refers in particular to certain provisions of Article 17 of the Statute
which set
out minimum guarantees to which an accused person appearing before the
Special Court is entitled, and which include the right to
have adequate time and
facilities for the preparation of his defence. Article 17 provides in part in
this respect as follows:

1. All accused shall be equal before the Special Court.

2. The accused shall be entitled to a fair and public hearing, subject to
measures ordered by the Special Court for the protection
of victims and
witnesses.

4. In determination of any charge against the accused pursuant to the present
Statute, he or she shall be entitled to the following
minimum guarantees, in
full equality:

b. To have adequate time and facilities for the preparation of his or her
defence and to communicate with counsel of his or her own
choosing;

11. With respect to the specific requests of the Accused, the Trial
Chamber finds as follows:

Request for Computer

12. The Trial Chamber grants the request of the Accused for a computer set.
The Accused shall be provided with a desktop computer
and printer in his cell
for use at anytime. On the basis of security concerns, however, expressed by
the Registrar, including the
Acting Chief of the Detention Facility and the
Chief of Security for the Special Court, the computer will not be connected to
the
internet or Special Court Network. Should any materials be required by the
Accused from these resources, he may make a request to
the Defence Office and/or
his Standby Counsel to provide such necessary materials.

Request for Telephone

13. Currently the Accused is provided with a wireless “DECT”
phone, which he can use from any location within the detention
facility between
the hours of 7.00 a.m. to 9.00 p.m. In accordance with Rule 44(A) of the Rules
Governing the Detention of Persons
Awaiting Trial or Appeal Before the Special
Court for Sierra Leone or Otherwise Detained on the Authority of the Special
Court for
Sierra Leone (“Rules of Detention”), adopted on the
7th of March, 2003, and amended on the
25th of September, 2003 and the
4th of May, 2004, telephone calls between Accused and
Counsel are privileged unless otherwise ordered by a Judge or a Chamber.

14. The Trial Chamber considers that the Accused may be further assisted by
placing a stationary desk telephone in his cell which
he can use at any time for
the purpose of being in contact with his Standby Counsel. The phone will be
programmed with the telephone
numbers of his Standby Counsel, both inside and
outside Sierra Leone.

15. As telephone costs are borne by the Court, usage will be reviewed to
ensure that the number and duration of telephone calls is
reasonable.

Request for Stationery

16. The Detention Facility provides stationery to detainees and should
continue to provide the Accused with stationery requests which
are reasonable
and proportionate to the requirements of representing himself on the
understanding that the Chamber has assigned Standbyy
Counsel to assist him in
the process.


Request for Assistant

17. The Trial Chamber considers that the provision of four Standby Counsel to
the Accused to assist him in the defence of his case
is adequate, and it is not
necessary to appoint an additional assistant.

Request for Investigator

18. The Trial Chamber considers that any investigations required by the
Accused for his defence at trial is a matter within the competence
of the
Defence Office who shall make the necessary arrangements that are required.

Request for Modification of “Lock-Up” Hours

19. The Trial Chamber considers that the lockup hours for the detention
facility, from 10.00 p.m. to 7.00 a.m. each day are reasonable.
Furthermore,
upon being provided with a computer and a stationary phone in his cell, the
Accused may continue to prepare his case
after lock-up time. Where exceptional
circumstances would exist, and on a case-by-case basis, he may also apply to the
Detention
Facility to be outside his cell beyond the regular
“lock-up” hours.

Request for Exercise and Food

20. According to the findings of the Registrar, the standard applied for
exercise and food for detainees at the Detention Facility
is in conformity with
prescribed international standards verified from time to time by the
International Committee for the Red Cross.
The Trial Chamber accordingly finds
no merit in these requests.

FOR ALL THE ABOVE-STATED REASONS,

The Trial Chamber grants the request of the Accused for a computer set and a
personal telephone and orders that the Registrar provide
him with a desktop
computer and printer and stationery desk telephone, to be set up in his cell for
his use at any time. The Trial
Chamber further orders that the Detention
Facility provides the Accused with stationery, within reasonable limits, and
proportionate
to his needs to present his own defence, considering the
availability to him of his Standby Counsel.

Done in Freetown, Sierra Leone, this 23rd day of
June 2004

Judge Pierre Boutet


Judge of the Trial Chamber
Judge Benjamin Mutanga Itoe
Presiding Judge of the Trial Chamber

Judge Bankole Thompson


Judge of the Trial Chamber



Seal of the Special Court for Sierra Leone]



[1] Decision on the
Application by Samuel Hinga Norman for Self-Representation Under Article
17(4)(d) of the Statute of the Special Court
for Sierra Leone, 8 June
2004
[2]
Consequential Order on Assignment and Role of Standby Counsel, 14 June 2004.