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19.11.2008
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| |  | | Sam Bockarie | | | context : | Sierra Leone  | | judgement place : | Sierra Leone Special Court | | status : | Died before end of trial | | particulars : | Indictment withdrawn on 8 December 2003 following the death of Sam Bockarie | | position : | Leading member of the Revolutionary United Front (RUF) guerrilla group |
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| | | | Sam Bockarie was indicted by the Prosecutor of the SCSL (Special Court for Sierra Leone) on 3 March 2003. He was accused of crimes against humanity, violations of Article 3 common to the Geneva Conventions, of violations of Additional Protocol II of the Geneva Conventions and of other serious violations of international humanitarian law, under articles 2, 3 and 4 of the SCSL Statute.
According to the indictment, the AFRC/RUF coalition and Sam Bockarie, in his role as leader of the RUF, were alleged to have shared the same plan and purpose thereby constituting a common criminal enterprise which consisted of taking the necessary concerted actions to take over power in the Sierra Leonean territory, and to gain control of the diamond-rich regions, in particular the districts of Kenema and Kono.
The atrocities perpetrated against the civilian population were considered to be an integral part of the plan devised by the AFRC/RUF coalition or at the very least was a foreseeable consequence of a plan which included the terrorising and collective punishment of the civilian population as a means to take control over the Sierra Leonean territory.
The indictment consisted of 17 charges:
- acts of terrorism and collective punishment of the civilian population (counts 1 and 2)
- acts of extermination, murder and other life threatening offences (counts 3 to 5)
- sexual violence, including rape and sexual slavery (counts 6 to 8)
- violence to physical and mental well being, including amputation (counts 9 and 10)
- enlistment and use of child soldiers under 15 years of age (count 11)
- pillage (count 12)
- abduction and taking of hostages (count 13)
- attacks against the personnel of UNAMSIL, the United Nations peacekeeping force in Sierra Leone (counts 14 to 17).
Furthermore, according to the indictment, Sam Bockarie was held to be criminally responsible for the above mentioned crimes, whether it was through his personal contribution to their planning, instigating, and organizing in which he would have participated in one way or another or, alternatively, where they were alleged to have been committed as part of a common criminal conspiracy, in which he participated.
The indictment held him to have equal or additional responsibility due to his role as hierarchical superior, for the crimes committed by his subordinates, for which he had, or should have had, knowledge and also because he did not take the necessary measures aimed at the prevention or punishment of such crimes.
The indictment was approved by a decision of the First Trial Chamber of the SCSL dated 7 March 2003.
On 2 June 2003, a copy of the death certificate of Sam Bockarie was produced. According to non official information, he was reportedly killed on the order of Charles Taylor in Liberia.
As a consequence, and based on the request of the Prosecutor of the SCSL, on 8 December 2003 the First Trial Chamber of the SCSL rendered its decision to withdraw the indictment. The proceedings were thus terminated. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Sierra leone | | | date of birth : | | | 10.02.1964 | | | also known as : | | | Mosquito | | | period of charges : | | | 05.1997 - 09.2000 | | | judgement period : | | | 03.03.2003 - 08.12.2003 | | | charges : | | | Crimes against humanity
War crimes | | | profile last modified : | | | 19.10.2005 |
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