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Sierra Leone |
JUSTICE
During Sierra Leone’s civil war, dreadful acts were perpetrated by the different warring factions. The Special Criminal Court has now indicated that those responsible must answer for their crimes
In January 2002, an agreement was signed between the government of Sierra Leone and the United Nations, for the establishment of a Special Court to try war criminals. The signing of the agreement laid to rest speculation as to whether war crimes will go unpunished in the name of reconciliation, in Sierra Leone’s post-war period.
But who are the people who will face trial for war crimes? Solomon Berewa, Sierra Leone’s vice-president was Attorney-General when the agreement was signed. He says: «Those who bear the greatest responsibility for war crimes will be tried by the Special Court». But what did he mean?
The question was put to him by journalists and during radio panel discussions. He explained that «those who gave orders; those who had control; those who influenced or directed attacks, will be tried for crimes against humanity».
So, not all members of the Revolutionary United Front (RUF) Movement and armed forces will be tried. It implies that only senior members will be involved in court cases.
But the RUF‘s spokesman, Eldred Collins, has always affirmed that the Special Court will target members of his organisation indiscriminately. He has insisted that during the war, several other fighting groups took part who also committed war crimes. These were mainly the Civil Defence Militia, fighting alongside the government troops; the Executive Outcome Mercenaries; the West African Intervention Force (ECOMOG); Ghurkas from Britain; soldiers from Guinea. The Court’s Special Prosecutor, David Crane (USA), has, on many occasions given his assurances on the Court’s impartiality.
On 26 September 2002, David Crane led a team of investigators to Tombodu in Kono District, north-east Sierra Leone. There, they inspected mass graves. At a swamp in Tombodu, Special Investigator Dr. Alan White revealed that the site was used by «one armed faction» to bury anything between 400-1,000 people. Dr. White promised to bring a forensic pathologist to the site which was then marked out, to keep people away. Other mass graves in different parts of the country have been similarly marked.
Concern has been raised about how the Special Court will go about indicting suspects. On International Peace Day, in letters distributed to the public, Special Court Officials said: «We are particularly interested in your suggestions as to how we can best pursue our mandate». They appealed to the public to cooperate with them.
But there are already growing fears among some people that the Special Court might be mislead or misinformed, and might be used as an instrument for embarking on witch hunts.
The Hon. Johnny Paul Koroma is leader of the Peace and Liberation Party (PLP). He used to be leader of the Armed Forces Ruling Council which perpetrated human rights violations from 1997 to 1998 (the year they were ousted from power). He has on several occasions warned that the Special Courts should «be careful» and «not be misled.»
David Crane has assured people that the Court will try anyone who has committed war crimes, either while serving with the government forces or with any other fighting force.
Truth and Reconciliation Commission
Many people have also been asking if the Special Court will make use of evidence which has been presented to the Truth and Reconciliation Commission (TRC). The Anglican Bishop Joseph Humper, the TRC‘s chairperson, says the TRC will not be working with the Special Court. He assures concerned citizens that no evidence put before the TRC will be turned over to the Special Court.
While the TRC is presently stating it is financially handicapped, the Special Court has acquired land for the construction of a building. On 10 October 2002, a Press Release from the Special Court stated, among other things, that 26 cells will be provided for detainees. «All detainees will have individual cells in accordance with international standards». Special Court officials say construction work is expected to finish by May 2003, but they will not wait until then to begin hearing cases.