Sierra Leone:An independent prosecution policy must be assured
If the Special Court for Sierra Leone is to tackle impunity effectively and fairly and contribute to the peace and reconciliation process, the independence of the prosecutor must be assured and monitored, adequate and sustained funding must be guaranteed, and a clear relationship between the Special Court and Truth and Reconciliation Commission (TRC) established," Amnesty International has said.
* News Release Issued by the International Secretariat of Amnesty
International *
21 January 2002
AFR 51/001/2002
12/02
"If the Special Court for Sierra Leone is to tackle impunity
effectively and fairly and contribute to the peace and
reconciliation process, the independence of the prosecutor must
be assured and monitored, adequate and sustained funding must be
guaranteed, and a clear relationship between the Special Court
and Truth and Reconciliation Commission (TRC) established,"
Amnesty International said today, welcoming the agreement signed
on last week between the UN and the Sierra Leone government
regarding the establishment of the Special Court.
Amnesty International fears that if these issues are not
addressed the credibility and the effectiveness of the Special
Court could be at stake and undermine efforts to ensure respect
for human rights and the rule of law in Sierra Leone.
Amnesty International has repeatedly called for a
balanced and independent prosecution policy to ensure that those
most responsible for the gravest abuses be brought to justice
regardless of political position or allegiance, either past or
present. Amnesty International was encouraged by the recent
public assurance from the UN Assistant Secretary-General Ralph
Zacklin that the independence of the court would be guaranteed by
its international character, and his further statement that the
prosecutor would be independent of both the government and the
UN.
"However, the prosecutor of the Special Court must be
granted full independence in practice to examine all the evidence
and try all individuals who bear the greatest responsibility for
the commission of violations of international and crimes
committed under Sierra Leone law" the organization said.
Assured funding for the Special Court to initiate and
complete all trials is critical. Currently, adequate funding for
the first year is lacking and pledges for the second and third
years do not match half of what is needed. "The absence of
guaranteed funding could undermine the court's effectiveness by
creating uncertainty and may discourage applications of
experienced criminal justice experts," Amnesty International
said. In view of the difficulties in obtaining adequate
commitments from UN member states to finance the court through
voluntary contributions, the UN Security Council should
reconsider its financial mechanism and, in particular, consider
funding from assessed contributions.
The organization believes that a clear understanding of
the relationship between the Special Court and the TRC needs to
be clarified. Currently the ground is being laid for the TRC,
however there are critical issues that need to be worked out to
ensure the proper functioning of both. Amnesty fears that if this
relationship is not worked out, both institutions could be
undermined and progress towards peace and reconciliation could be
jeopardized.
Background
On 14 August 2000 the UN Security Council passed Resolution 1315
(2000) to establish an independent Special Court for Sierra Leone
to try those alleged to have committed crimes against humanity,
war crimes and other serious violations of international
humanitarian law, as well as crimes under relevant Sierra Leonean
law committed within the territory of Sierra Leone.
Since the resolution in August 2000, Amnesty
International has repeatedly stressed the need for an independent
prosecution policy, adequate funding for the court, and a clear
relationship between the TRC and the Special Court. Amnesty
International has also called for the start date of the Special
Court's temporal jurisdiction to be amended to 23 March 1991, so
that those responsible for crimes under international law
throughout the period of the conflict be brought to justice. The
organization opposes the amnesty for crimes under international
law. At the same time, priority must be given to the speediest
possible reconstruction of the Sierra Leone judicial systems so
that it can conduct fair trials, without the possibility of the
death penalty, of those perpetrators of human rights abuses who
are not tried by the Special Court.
****************************************************************
You may repost this message onto other sources provided the main
text is not altered in any way and both the header crediting
Amnesty International and this footer remain intact. Only the
list subscription message may be removed.
****************************************************************
To subscribe to amnesty-L, send a message to
with "subscribe amnesty-L" in the message body. To unsubscribe,
send a message to
in the message body. If you have problem signing off, contact
only messages concerning list administration. Past and current Amnesty
news services can be found at
Visit
and for other AI publications. Contact [email protected] if you
need to get in touch with the International Secretariat of Amnesty
International.