Digest of Jurisprudence of the Special Court for Sierra by Cyril Laucci

By Cyril Laucci

The unique court docket for Sierra Leone was once created in 2002 to prosecute "persons who undergo the best accountability" for critical violations of foreign humanitarian legislation and Sierra Leonean legislations in Sierra Leone on the grounds that 30 November 1996. It all started supplying judgements in March 2003 and may whole its paintings by means of the tip of 2007. the current Digest is a set of the main suitable abstracts of selections and orders rendered via Chambers - Trial Chambers, Appeals Chamber, President - among March 2003 and 31 December 2005. 548 public judgements were reviewed for its guidance. The abstracts were chosen at the foundation in their relevance to the translation and alertness of the Statute and ideas of strategy and proof or in their value within the improvement of foreign legal legislation. This digest is devised as a device for practitioners of overseas legislations and lecturers, for you to support them in studying the great paintings of the certain courtroom.

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It is an attribute of judicial power. S1-AC-8 o Prosecutor v. Brima, Kamara, Kanu, Case No. SCSL-0416-AR73, Decision on Brima-Kamara Defence Appeal Motion Against Trial Chamber II Majority Decision on Extremely Urgent Confidential Joint Motion for the Re-Appointment of Kevin Metzger and Wilbert Harris As Lead Counsel for Alex Tamba Brima and Brima Bazzy Kamara, 8 December 2005, para. 72-78, 135-139: 72. The requirement for a judicial review of administrative decisions where the Accused has an interest to protect was perfectly justified by Justice Pillay, the then President of the International Criminal Tribunal for Rwanda, in her decision of 13 November 2002:(1) Modern systems of Administrative Law have built in review procedures to ensure fairness when individual rights and protected interests are in issue, or to preserve the interests of justice.

41. In my judgement, Chief Hinga Norman is entitled to testify to the TRC upon condition that he has been fully apprised and advised of the dangers of so doing. I am satisfied that he has been expertly warned. His testimony must, however, be provided in a manner that reduces to an acceptable level any danger that it will influence witnesses (whether favourably or adversely) or affect the integrity of court proceedings or unreasonably affect co-defendants and other indictees. This in my judgement can be achieved by evidence prepared by him in writing (with the benefit of legal advice) and sworn in the form of an affidavit.

3. It was argued that ‘the entering of a bilateral agreement which established the Special court, may be [. (3) This, clearly, is a declaration of the basic norm of the Sierra Leone constitutional and legal order. Rather than having the consequence which the Applicant sought to attribute to it, it has the effect of enabling the Government validly to exercise those powers vested in it by the Constitution, of which the treating making power is one. 4. The further and fresh point was made by the Applicant that as a member of the Sierra Leone army he is entitled to be tried by fellow officers in a court-martial for any crime alleged to have been committed during his military service.

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