State in October 2007

As of March 2003, 13 persons fom all the belligerent parties had already been indicted by the SCSL. Among them were Charles Taylor, former president of Liberia, Foday Sankoh, leader of the Revolutionary United Front (RUF), Johnny Paul Koroma, leader of the Armed Forces Revolutionary Council (AFRC) and Hingo Norman, coordinator of the Civil Defence Forces (CDF). The Prosecution dropped the charges against Foday Sankoh and Sam Bockarie in December 2003, after their death.

The first verdict was returned on 20 June 2007: three high-ranking members of the AFRC were convicted on counts of war crimes and crimes against humanity, for, among others things, acts of terrorism, collective punishments, extermination, unlawful killings, rapes, outrages upon personal dignity, physical violence, forced labor, pillage and enlisting of child-soldiers. However, the Court found them not guilty for other inhumane acts, sexual slavery and other forms of sexual crimes, and forced marriage. Alex Tamba Brima and Santigie Borbor Kanu were sentenced to 50 years imprisonment each and Brima Bazzy Kamara to 45 years. All three accused had been charged on 11 counts of war crimes and crimes against humanity. The trial chamber considered a number of aggravating circumstances and dismissed all extenuating circumstances that could have reduced the sentence for none of the accused had shown any form of remorse for the crimes they committed.

The trial of Moinina Fofana and Allieu Kondewa, two former chiefs of the CDF militia, and of Sam Hinga Norman, former Defence Minister of Sierra Leone and chief of the militia, began in June 2004. Norman died in February 2007 of “natural causes”. As for Fofana and Kondewa, they were convicted on counts of war crimes in August 2007, for, among other things, murder, cruel treatment, pillage and collective punishments. They were found not guilty on the counts of crimes against humanity. Kondewa was also found guilty on the charges of enlisting child soldiers. Judge Bankole Thompson gave a partially dissenting opinion, finding that the accused were not guilty of the facts they were charged for. Moinina Fofana and Allieu Kondewa were respectively sentenced on 9 October 2007 to 6 and 8 years imprisonment. Previously, on September 19, Prosecutor Joseph Kamara had called for a 30 years imprisonment sentence for both men, in order to emphasize the seriousness of the crimes committed. As for the counsels, they had deemed that 3 years for Kondewa and 4 for Fofana would have been more appropriate. The sentences are to run from 29 May 2003, the date the two men were taken into custody by the Special Court. In reading out the sentencing judgment, Judge Itoe pointed to a number of mitigating factors for shortening the sentences, among which was the fact that the CDF had “contributed immensely to re-establishing the rule of law in this country”.

Three RUF accused are currently responding to 18 counts of war crimes, crimes against humanity and other serious violations of international humanitarian law. The trial is in progress. The Prosecution concluded its case. It is now to the defence teams of Issa Hassan Sesay, Morris Kallon and Augustine Gbao to make their own.

Charles Taylor was arrested on 29 March 2006, in Nigeria where he was in exile. He was transferred to the SCSL. He has been indicted on 11 grounds of war crimes and crimes against humanity, among which willful killing, rape and enlisting of child soldiers. He pleaded not guilty on all counts. On 16 June 2006, the Security Council of the United Nations, fearing that the stability of the region could be endangered should Charles Taylor be tried in Sierra Leone, authorized his transfer to The Hague. A memorandum of understanding was signed between the SCSL and the International Criminal Court (ICC) on 13 April 2006. It provided that the SCSL could use the premises of the ICC and its detention facilities for Charles Taylor’s trial. The trial began on June 4, 2007. It has been adjourned until 7 January 2008.