Sierra Leone: War Crimes Court Impeded by Lack of Funds

Sierra Leone: War Crimes Court Impeded by Lack of Funds
U.N.-Backed Court Makes Great Strides, But Key Concerns Remain

(New York, September 8, 2004) - The U.N.-backed court for war crimes
in Sierra Leone needs funding to ensure justice for victims of atrocities
committed during the country's 11-year civil war, Human Rights Watch
said in a report issued today. The Special Court for Sierra Leone today
resumes the trial of leaders of the government-backed Civil Defense
Forces.

The United Nations and its member states - particularly the United States
and Britain - should fund the Special Court's budget so that it can
complete its operations. They should also increase funding to several key
areas of the court to ensure that it can deliver justice fairly and effectively.

"Justice is crucial for victims of atrocities committed during Sierra
Leone's civil war and for building respect for the rule of law across West
Africa," said Elise Keppler, counsel with Human Rights Watch's
International Justice Program. "The Special Court has already made
significant strides, but lack of funds could undermine its ability to carry
out justice."

The Special Court is charged with bringing to justice those who bear the
greatest responsibility for war crimes, crimes against humanity, other
serious violations of international humanitarian law, and certain violations
of Sierra Leonean law committed since November 1996. Created through
an agreement between the United Nations and the Sierra Leonean
government, the Special Court represents a significant new international
justice model, often referred to as a "mixed" or "hybrid" tribunal.

The 56-page report, "Bringing Justice: The Special Court for Sierra
Leone," evaluates developments at the court, identifying achievements and
making recommendations where operations should be improved. The
report also urges the international community to provide more financial
and political support for the court so it can complete its work effectively.

Since the Special Court began functioning in 2002, the court's staff has
made a tremendous effort to ensure accountability despite scarce resources
and lack of adequate facilities. The court has investigated and indicted 13
individuals from three warring factions - the government-backed Civil
Defense Forces, as well as the two rebel groups, the Revolutionary United
Front and the Armed Forces Revolutionary Council.

The court has also issued a number of precedent-setting decisions on
international law. For example, the court ruled in May that heads of state
are not immune from prosecution before an international court. This ruling
removed any legal basis for Nigeria to continue to harbor former Liberian
President Charles Taylor, who is indicted by the court on war crimes and
crimes against humanity.

However, Human Rights Watch has concerns about several aspects of the
court's operations, many of which relate to insufficient funding by donors.
The operations of the Defense Office, the Witness and Victim Support
Unit, the Chambers, and the Outreach section have been constrained by
inadequate resources. The court established a Defense Office to help
ensure protection of the rights of the accused, but lack of resources for
defense teams has hampered case preparation.

The Office of the Prosecutor also has too narrowly interpreted the court's
mandate to exclude prosecution of regional or mid-level commanders who
were notorious for their extreme brutality against civilians, Human Rights
Watch said. Insufficient witness protection and delay in establishing the
second Trial Chamber raise additional concerns.

Furthermore, the absence from the court of former Liberian President
Charles Taylor - who is charged with war crimes and crimes against
humanity for his role in contributing to the death, rape, abduction, and
mutilation of thousands of civilians during Sierra Leone's civil war -
threatens to undermine the court's accomplishments.

"By continuing to harbor Charles Taylor, Nigeria is sending the message
that some individuals should be above the law when it comes to the most
serious crimes," said Keppler. "Nigeria should hand Taylor over to the
Special Court immediately. It's time for the United Nations and member
states to call on Nigeria to do the right thing."

Background

The Special Court began trials on June 3, with the trial of three Civil
Defense Forces leaders: Sam Hinga Norman, Moinina Fofana, and Allieu
Kondewa. On July 5, the Special Court began the trial of three
Revolutionary United Front leaders: Issa Hassan Sesay, Morris Kallon,
and Augustine Gbao. The trial of three Armed Forces Revolutionary
Council leaders - Alex Tamba Brima, Brima Bazzy Kamara, and Santigie
Borbor Kanu - has not yet begun.

The establishment of the second Trial Chamber, which has been delayed,
would allow for the trial of Armed Forces Revolutionary Council leaders
to be conducted simultaneously with trials of leaders of the Revolutionary
United Front and Civil Defense Forces.