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| |  | | Moinina Fofana | | | context : | Sierra Leone  | | judgement place : | Sierra Leone Special Court | | status : | Sentenced | | particulars : | Found guilty of war crimes on 2 August 2007; sentenced to 6 years imprisonment on 9 October 2007; sentence increased to 15 years by the Appeals Chamber on 28 May 2008 | | position : | Leading member of the Civil Defence Forces |
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| | | | Moinina Fofana was arrested on 29 May 2003 and transferred to the Special Court for Sierra Leone (SCSL). He was indicted on 26 June 2003.
The indictment holds him responsible for (according to articles 2, 3 and 4 of the SCSL):
- crimes against humanity for: murder and other inhumane acts;
- violations of common Art. 3 of the Geneva Conventions and of the Additional Protocol II: acts of terrorism and collective punishment against the civilian population, violence to life, health and physical or mental well-being of persons, in particular by cruel treatment, and pillage;
- other serious violations of international humanitarian law through the enrolment in the armed forces of children less than 15 years old.
According to the indictment, Moinina Fofana is considered to be criminally responsible for the above mentioned crimes, which he allegedly planned, instigated, ordered and for which in any other way lent his support or which were committed in the context of a joint criminal enterprise in which he participated or which were the foreseeable outcome of this enterprise.
In addition, or in parallel, the indictment holds him to be responsible as hierarchical superior for acts committed by his subordinates, of which he had, or should have had advance knowledge, and because he did not take the necessary measures with a view to prevent or punish these acts.
The indictment states that during the relevant period of time, i.e. from 30 November 1996, an armed conflict was taking place in Sierra Leone and that the acts and omissions according to the indictment were linked to this conflict.
According to the indictment, Moinina Fofana, as well as all other members of armed forces involved in the hostilities in Sierra Leone hat to comply with the rules of international humanitarian law and the customs of war.
At his initial appearance before the court, he pleaded not guilty.
On 27 January 2004 the SCSL ordered that the cases of Moinina Fofana, Allieu Kondewa and Samuel Hinga Norman (see "related cases") be joined.
A new consolidated indictment was signed by the Prosecutor on 4 February 2004.
The trial against Samuel Hinga Norman, Moinina Fofana and Allieu Kondewa opened on 3 June 2004. The prosecutor called 75 witnesses to support his presentation of evidence. He concluded his case on 14 July 2005.
After the conclusion of the Prosecution’s case, in early August 2005, the Defence for Sam Hinga Norman, Moinina Fofana, and Allieu Kondewa, filed motions for Judgment of acquittal under Rule 98 of the Court’s Rules of Procedure and Evidence. The Rule provides that, if after the close of the case for the Prosecution “there is no evidence capable of supporting a conviction on one or more counts of the indictment,” the Trial Chamber shall enter a judgment of acquittal on those counts.
On 21 October 2005, Trial Chamber I unanimously dismissed the motions in respect of one or more counts in the indictment. This means simultaneously that it held that there was no evidence capable of supporting a conviction against the Accused in respect of a number of factual allegations in the indictment. These included allegations in respect of Counts 1 and 2 (murder), Counts 3 and 4 (inhumane acts and cruel treatment), and Count 5 (pillage) as charged in the consolidated indictment.
The Court's decision was not a judicial pronouncement on the guilt or the innocence of the Accused persons. It rather indicated that at that stage in the trial the Court had concluded that they had a case to answer.
A Status Conference to discuss the preparation and presentation of the Defence case took place on 27 October 2005. The Defence opened their case on 17 January 2006.
Sam Hinga Norman died before the end of trial on 22 February 2007.
On 2 August 2007 the Court convicted Moinina Fofana and Allieu Kondewa on four counts involving violence to life, in particular murder, cruel treatment, pillage and issuing collective punishments. Kondewa was convicted on an additional count of conscripting child soldiers. Both men were acquitted of charges of inhumane acts, terrorism, and an additional count of murder.
On 9 October 2007 the Court handed down the sentence. It decided to hand down separate sentences on each count for whith Fofana and Kondewa had been found guilty.
Moinina Fofana received sentences of 6 years for Count 2 (murder), 6 years for Count 4 (cruel treatment), 3 years for Count 5 (pillage), and 4 years for Count 7 (collective punishments).
Prosecutors had asked for longer terms of imprisonment, but the Court pointed to a number of mitigating factors which the Court held justified shorter sentences. These included the CDF’s efforts to restore Sierra Leone’s democratically-elected government which, the Trial Chamber noted, contributed immensely to re-establishing the rule of law in this Country where criminality, anarchy and lawlessness...had become the order of the day.
The Court ordered that the sentenced be served concurrently, meaning that Fofana will serve a total of 6 years sentence. The sentence will run from 29 May 2003, the date the two were taken into custody by the Special Court.
The prosecution appealed against the sentencing judgment and called for higher sentences .
On 28 May 2008 the Appeals Chamber increased Fofana's sentence from six to 15 years. It rejected the Trial Chamber's decision to consider as a mitigating circumstance the fact that both men had engaged in the conflict to secure democracy. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | last time seen : | | | Freetown (Sierra Leone) | | | period of charges : | | | 10.1997 - 12.1999 | | | judgement period : | | | 03.06.2004 - 28.05.2008 | | | charges : | | | Crimes against humanity
War crimes | | | profile last modified : | | | 29.05.2008 |
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