PROSECUTOR v SAM HINGA NORMAN & ORS - ANNEX I TO THE DECICION ON PROSECUTION'S MOTION FOR JUDICIAL NOTICE AND ADMISSION OF EVIDENCE (SCSL-04-14-PT )  SCSL 122 (02 June 2004);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
PHONE: +1 212 963 9915 Extension: 178 7000 or +39 0831 257000 or +232 22 295995
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THE TRIAL CHAMBER
Judge Bankole Thompson, Presiding Judge
Judge Benjamin Mutanga Itoe
Judge Pierre Boutet
2nd June, 2004
Sam Hinga Norman
ANNEX II TO THE DECISION ON PROSECUTION’S MOTION FOR
AND ADMISSION OF EVIDENCE
Office of the Prosecutor:
Defence Counsel for Sam Hinga Norman:
Defence Counsel for Moinina Fofana:
Defence Counsel for Allieu Kondewa:
ANNEX II TO THE DECISION
(I) As To Their Existence and Authenticity
Reports of the UN Secretary General on the Situation in Sierra Leone
9. 21 November 1995 (S/1995/975)
Traces peace efforts at the time of Strasser’s government and UN involvement in bringing the government and RUF to negotiations. Reports hostage taking of foreigners and nationals including nuns and advances by the RUF in Kono district. The diamond fields of Kono were retaken by government forces. Reports nearly 2 million IDPs.
10. 5 December 1997 (S/1997/958)
Covers developments since the first report, 21 October 1997. Implementation of 1997 Conakry peace plan. Notably it was to include the provision of immunities and guarantees for coup leaders. Sankoh was to return to Sierra Leone to contribute to the peace process. Mentions reports of difficulties in relationship to AFRC/RUF in South-East and East.
11. 5 February 1998 (S/1998/103)
Reports dispatch of a technical survey team. Junta in control of Freetown. CDU conducting guerrilla-style action against junta and claimed to control all major roads. CDU forces led by Hinga Norman, Deputy Defence Minister in Kabbah’s government.
12. 18 March 1998 (S/1998/249)
ECOMOG attack on junta resulting in their expulsion by force from Freetown after heavy fighting. Return of Kabbah to Sierra Leone.
13. 9 June 1998 (S/1998/486)
Restoration of government on 10 March 1998. Trials in Freetown started 6 May of persons accused of plotting coup. 30-31 May 1998, Margai and Norman visited Makeni and Kenema and called on remnants of AFRC/RUF to surrender. Reports that ECOMOG troops approached towns, former junta elements attacked the local civilian population, killing, raping and mutilating and causing tens of thousands to flee into Guinea and Liberia. ECOMOG supported by units of the CDF. See para 30: 5 May 1998, Taylor wrote to the Secretary-General deprecating the “disturbing allegations” that the government of Liberia was involved in the conflict in Sierra Leone and proposing that the border be “cordoned off”. See especially paras 35-7 on attacks on civilians.
14. 12 August 1998 (S/1998/750)
Reports on relation between Liberia and Sierra Leone improving. Reports of continued battles between ECOMOG and the rebels. Introduced role of UNAMSIL. Mentions 58 persons being tried for treason, murder and arson against a background of public anger and desire for quick justice.
15. 16 October 1998 (S/1998/960)
Issue of trial of Sankoh after being brought back from Nigeria is highlighted. 17 August 1998, RUF announced a terror campaign against civilians, CDF and ECOMOG if the government failed to release Sankoh but government made it clear Sankoh would stand trial (trial commenced 24 September 1998). See especially paras 21-24 on human rights abuses.
16. 16 December 1998 (S/1998/1176)
Reports executions of 24 officers found guilty of treason after a court martial. On 23 October 1998, Sankoh was found guilty of treason and sentenced to death by hanging but was to appeal. Rebel activities including attacks on civilians are reported to continue (see especially paras 36-39). It is reported that a rift appears to have arisen between the AFRC remnants in the North and the RUF in the East. It is mentioned that frequent reports of children being sent into combat environments are being sent in.
17. 4 March 1999 (S/1999/237)
Describes attack on Freetown on 6 January 1999. Para 21 states: “the ultimate responsibility for the fighting, for most of the civilian casualties and for the related humanitarian emergency in Freetown rested with the rebels”. It is reported that much fighting was carried out by child fighters or those under the influence of drugs or alcohol.
18. 4 June 1999 (S/1999/645)
Reports signing of cease fire agreement and Lome negotiations. Sankoh granted absolute and free pardon. Attrocities against civilians reported to continue. Concerns of human rights violations by ECOMOG and CDF, including widespread recruitment of children by CDF.
19. 30 July 1999 (S/1999/836)
Reports singing of Lome peace agreement and main provisions.
20. 6 December 1999 (S/1999/1223)
Post-Lome structure government. Deterioration in human rights situation with an escalation of attacks on civilians by former rebel elements.
21. 19 May 2000 (S/2000/455)
Reports armed attacks on UN peacekeepers and detention of UN personnel by RUF. Mention is made of preliminary reports suggesting child combatants have been used extensively during the conflict.
Other UN Reports
31. UNICEF Press Release, “Stop Using Child Soldiers, Sierra Leone Told,” 19 June 1997.
Comments on recruitment of child soldiers by the AFRC and also states that between 1992 and 1996 4500 children were forced to fight on the RUF and government sides.
32. UNICEF Monthly Report, “Events Pertaining to Childen,” 31 July 1999.
Refers to CDF pledge on 18 June 1999 to stop recruitment of children: “Kamajor Action Plan” signed by Hinga Norman.
(II) As To Their Existence, Authenticity and Contents.
UN Security Council Resolutions
22. Resolution 1346 (30 March 2001)
23. Resolution 1313 (4 August 2000)
24. Resolution 1306 (5 July 2000)
25. Resolution 1299 (19 May 2000)
26. Resolution 1289 (7 February 2000)
27. Resolution 1270 (22 October 1999)
28. Resolution 1220 (12 January 1999)
29. Resolution 1181 (13 July 1998)
30. Resolution 1132 (8 October 1997)
Maps, Peace Agreements, Treaties
33. The Lome Peace Accord, The Peace Agreement Between the Government of Sierra Leone and Revolutionary United Front of Sierra Leone (RUF/SL), 7 July 1999.
34. The Abidjan Peace Accord, The Peace Agreement between the Government of the Republic of Sierra Leone and the Revolutionary United Front of Sierra Leone (RUF/SL), 30 November 1996.
35. The Conakry Accord: ECOWAS SIX-MONTH PEACE PLAN FOR SIERRA LEONE 23 OCTOBER 1997 – 22 APRIL 1998, 23 October 1997.
36. Ceasefire Agreement Between Government and the Revolutionary United Front, 18 May 1999.
37. Map of Sierra Leone, Scale 1:350,000 UNAMSIL Geographic Information Service, 6 May 2002.
38. ICRC List of States party to the Geneva Conventions and their Additional Protocols.
39. Geneva Conventions of 12 August 1949 and their Additional Protocols of 8 June 1977.