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Special Court for Sierra Leone – Time from motions to rulings for decisions listed on the Special Court website between May 23, 2003, and July 30, 2004, where the approximate duration was more than two months. [195]
|
Decision Title |
Motion/Application History |
Decision Date |
Duration (approx.) |
|
|
1. |
Decision on Preliminary Motion Based on Lack of Jurisdiction (Child Recruitment) (Norman) (Appeals Chamber), SCSL-04-14-Ar72(E)-131 |
26 June 2003 (D Motion) 7 July 2003 (P Response) 17 September 2003 (Appeals Chamber Referral) 3 November 2003 (Amicus Submissions – University of Toronto) 6 November 2003 (Oral Arguments) 24 November 2003 (Post-Hearing Submissions) 3 November 2003 (Amicus Submissions – UNICEF) 3 November 2003 (Written Submissions) |
31 May 2004 |
11 months |
|
2. |
Rendering of Decision on Motion Made Under Protest and Without Waiving Immunity Accorded to a Head of State Requesting the Trial Chamber to Quash the Indictment and Declare Null and Void the Warrant of Arrest and Order for Transfer of Detention 23 July 2003 (Immunity Motion) (Taylor) (Appeals Chamber), SCSL-03-01-I-059 |
23 July 2003 (Applicant's Motion) 28 July 2003 (P Response) 19 September 2003 (Appeals Chamber Referral) 1 October 2003 (D Additional Submissions) 14 October 2003 (P Response) 11 November 2003 (D Reply) 23 October 2003 (Amicus Submissions – Orentlicher/Sands) 28 November 2003 (African Bar Association) 31 October, 1 November 2003 (Oral Arguments) 12 November 2003 (D Post Hearing-Submissions) 21 November 2003 (P Post Hearing-Submissions) |
31 May 2004 |
10 months |
|
3. |
Decision on Challenge to Jurisdiction: Lomé Accord Amnesty (Kallon, Kamara) (Appeals Chamber), SCSL-04-16-PT-033-I, SCSL-04-16-PT-033-II |
16 June, 22 September 2003 (D Motions) 23 June, 29 September (P Replies) 30 September, 9 October 2003 (Referred to Appeals Chamber) 24 October 2003 (Amicus Submission – Redress Trust) 27 October 2003 (Amicus Submission – Orentlicher) 3,4 November 2003 (Oral Arguments) 21 November (Post-Hearing Submission – Redress Trust) 28 November 2003 (D Post-Hearing Submission) 3 December 2003 (P Post-Hearing Response) |
13 March 2004 |
9 months |
|
4. |
Decision On Constitutionality and Lack of Jurisdiction (Kallon, Norman, Kamara) (Appeals Chamber), SCSL-04-16-PT-032-I, SCSL-04-16-PT-032-II |
16 June, 26 June, 22 September 2003 (D Motions) 23 June, 7 July, 30 September 2003 (P Responses) 30 June, 14 July 2003 (D Replies) 17 September 2003 (Referred to Appeals Chamber) 5 November 2003 (Oral hearing) |
13 March 2004 |
9 months |
|
5. |
Decision on Preliminary Motion Based on Lack of Jurisdiction (Judicial Independence) (Norman) (Appeals Chamber), SCSL-04-14-PT-034-I, SCSL-04-14-PT-034-II |
26 June 2003 (D Motion) 7 July 2003 (P Response) 14 July 2003 (D Reply) 17 September 2003 (Referred to Appeals Chamber) 5 November 2003 (Oral hearing) |
13 March 2004 |
8 months |
|
6. |
Decision on Motion Challenging Jurisdiction and Raising Objections Based on Abuse of Process (Kanu) (Appeals Chamber), SCSL-04-16-PT-088 |
20 October 2003 (D Motion) 30 October 2003 (P Response) 5 November 2003 (D Reply) 22 January 2004 (Appeals Chamber Referral) 29 January 2004 (D Additional Submissions) |
25 May 2004 |
7 months |
|
7. |
Decision on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by the Lomé Accord (Kondewa) (Appeals Chamber), SCSL-04-14-T-128 |
7 November 2003 (D Motion) 14 November 2003 (P Response) 8 December 2003 (Appeals Chamber Referral) |
25 May 2004 |
6.5 months |
|
8. |
Decision on Preliminary Motion on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone (Kondewa) (Appeals Chamber), e SCSL-04-14-PT-107 |
7 November 2003 (D Motion) 14 November 2003 (P Response) 4 December 2003 (Appeals Chamber Referral) |
25 May 2004 |
6.5 months |
|
9. |
Decision on Preliminary Motion on the Invalidity of the Agreement between the United Nations and the Government of Sierra Leone on the Establishment of the Special Court (Gbao) (Appeals Chamber), SCSL-04-15-PT-141 |
6 November 2003 (D Motion) 17 November 2003 (P Response) 24 November 2003 (D Reply) 3 December 2003 (Referred to Appeals Chamber) |
25 May 2004 |
6.5 months |
|
10. |
Decision on Preliminary Motion on Lack of Jurisdiction - Illegal Delegation of Jurisdiction by Sierra Leone (Fofana) (Appeals Chamber), SCSL-04-14-PT-102 |
14 November 2003 (D Motion) 21 November 2003 (P Response) 30 November 2003 (D Reply) 3 December 2003 (Referred to Appeals Chamber) 6 January 2004 (D Additional Submissions) 20 January 2004 (P Response) 26 January 2004 (D Reply) |
25 May 2004 |
6 months |
|
11. |
Decision on Preliminary Motion on Lack of Jurisdiction - Illegal Delegation of Powers by The United Nations (Fofana) (Appeals Chamber), SCSL-04-14-PT-100-6836, SCSL-04-14-PT-100-6846 |
14 November 2003 (D Motion) 21 November 2003 (P Response) 30 November 2003 (D Reply) 3 December 2003 (Referred to Appeals Chamber) 6 January 2004 (D Additional Submissions) 20 January 2004 (P Response) 26 January 2004 (D Reply) |
25 May 2004 |
6 months |
|
12. |
Decision on Preliminary Motion on Lack of Jurisdiction - Nature of the Armed Conflict (Fofana) (Appeals Chamber), SCSL-04-14-PT-101 |
14 November 2003 (D Motion) 24 November 2003 (P Response) 30 November 2003 (D Reply) 10 December 2003 (Referred to Appeals Chamber) 12 January 2004 (D Additional Submissions) 26 January 2004 (P Response) 2 February 2004 (D Reply) |
25 May 2004 |
6 months |
|
13. |
Decision on the Prosecution Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure (Gbao) (Trial Chamber), SCSL-03-09-PT-048 |
7 May 2003 (P Motion) 16 May 2003 (D Request for Extension) 26 May 2003 (D Response) 29 May 2003 (P Reply) |
10 October 2003 |
5 months |
|
14. |
Decision on the Urgent Application for Release from Provisional Detention [196] (Kondewa ) (Trial Chamber), SCSL-03-12-PT-049 |
11 June 2003 (D Application) 19 June 2003 (P Response) 23 June 2003 (D Reply) |
21 November 2003 |
5 months |
|
15. |
Decision on the Urgent Application for Release from Provisional Detention[197](Fofana) (Trial Chamber), SCSL-03-11-PT-072 |
11 June 2003 (D Application) 19 June 2003 (P Response) 26 June 2003 (D Reply) |
21 November 2003 |
5 months |
|
16. |
Written Reasons for the Trial Chamber's Oral Decision on the Defence Motion on Abuse of Process Due to Infringement of Principles of Nullem Crimen Sine Lege and Non-Retroactivity as to Several Accounts (Kanu) (Trial Chamber), SCSL-04-16-PT-047 |
20 October 2003 (D Motion) 30 October 2003 (P Response) 5 November 2003 (D Reply) 8 March 2004 (Oral Decision dismissing motion) |
31 March 2004 |
4.5 months (until Oral Decision) |
|
17. |
Decision on the Defence Application for Leave to Appeal 'Decision on the Prosecution's Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure' (Kallon) (Trial Chamber), SCSL-03-07-PT-148 |
21 July 2003 (D Application) 28 July 2003 (P Response) |
10 December 2003 |
4.5 months |
|
18. |
Decision on Motion for Modification of the Conditions of Detention (Norman) (President Justice Robertson), SCSL-03-08-PT-119 |
23 July 2003 (D Motion) 31 July 2003 (P Response) 4 August 2003 (D Reply) 30 October 2003 (Submissions reach Justice Robertson) [198] 5 November 2003 (Oral hearing) |
26 November 2003 |
4 months |
|
19. |
Decision on Motion for Exclusion of Prosecution Witness Statements and Stay of Filing of Prosecution Statements (Kanu) (Trial Chamber), SCSL-04-16-PT-101 |
19 March 2004 (D Motion) 26 March 2004 (P Response) 31 March 2004 (D Reply) |
30 July 2004 |
4 months |
|
20. |
Decision on the Defence Motion Requesting the Suspension of Delays for Filing Preliminary Motions or New Request for an Extension of Delays (Sesay) (Trial Chamber), SCSL-03-05-PT-085 |
30 June 2003 (D Motion) 8 July 2003 (P Reply) 17 July 2003 (D Reply) |
7 November 2003 |
4 months |
|
21. |
Decision on Applicant's Motion against Denial by the Acting Principal Defender to Enter a Legal Service Contract for the Assignment of Counsel (Brima) (Trial Chamber), SCSL-04-16-PT-068-5276-5290, SCSL-04-16-PT-068-5291-5305, SCSL-04-16-PT-068-5306-5316, SCSL-04-16-PT-068-5317-5326 |
5 January 2004 (P Motion) 16 January 2004 (Registrar and Acting Principal Defender Responses) 19 January 2004 (D Replies) 12 February 2004 (Oral Arguments) |
6 May 2004 |
4 months |
|
22. |
Decision on the Motion by Morris Kallon for Bail (Kallon) (Trial Chamber), SCSL-04-15-PT-026 |
29 October 2003 (D Motion) 5 November 2003 (P Response) 10 November 2003 (D Reply) 18 November 2003 (Submissions by Sierra Leone government) 3 December 2003 (Hearing) |
23 February 2004 |
3.5 months |
|
23. |
Decision and Order on Prosecution Motions for Joinder (Kondewa, Fofana, Norman) (Trial Chamber), SCSL-03-12-PT-057-I, SCSL-03-12-PT-057-II |
9 October 2003 (P Motion) 20 October, 12 November 2003 (D Responses) 24 October 2003 (P Reply) 4 December 2003 (Oral hearing) |
27 January 2004 |
3.5 months |
|
24. |
Decision and Order on Prosecution Motions for Joinder (Kamara, Gbao, Kallon, Brima, Sesay, Kanu) (Trial Chamber), SCSL-03-10-PT-059-I, SCSL-03-10-PT-059-II |
9 October 2003 (P Motions) 15 October – 18 November 2003 (D Replies) 17 October – 21 November 2003 (P Responses) 2 December 2003 (Oral Arguments) |
27 January 2004 |
3.5 months |
|
25. |
Decision on the Defence Preliminary Motion Based on Lack of Jurisdiction: Command Responsibility (Norman) (Trial Chamber), SCSL-03-08-PT-090 |
26 June 2003 (D Reply) 7 July 2003 (P Response) 14 July 2003 (D Reply) |
15 October 2003 |
3.5 months |
|
26. |
Decision on Motion to Reverse the Order of the Registrar under Rule 48(C) of the Rules of Detention (Norman) (Acting President Justice Winter), SCSL-04-14-PT-087 |
27 January 2004 (D Motion) |
18 May 2004 |
3.5 months |
|
27. |
Decision and Order on the Defence Preliminary Motion for Defects in the Form of the Indictment (Sesay) (Trial Chamber), SCSL-03-05-PT-080 |
24 June 2003 (D Motion) 18 July 2003 (P Response) 28 July 2003 (D Reply) |
13 October 2003 |
3.5 months |
|
28. |
Decision on the Prosecution Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure (Fofana) (Trial Chamber), SCSL-03-11-PT-039 |
3 July 2003 (P Motion) 18 July 2003 (D Response) 21 July 2003 (P Reply) |
16 October 2003 |
3 months |
|
29. |
Decision on the Prosecution Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure (Kamara) (Trial Chamber), SCSL-03-10-PT-040 |
11 July 2003 (P Motion) 22 July 2003 (D Response) 24 July 2003 (P Reply) |
23 October 2003 |
3 months |
|
30. |
Decision on the Application by the Redress Trust and Lawyers Committee for Human Rights for Leave to File Amicus Curiae Brief and to Present Oral Submissions (Appeals) (Kallon) (Appeals Chamber), SCSL-03-07-PT-128 |
24 July 2003 (Redress Trust Application) 2 October 2003 (Referred to Appeals Chamber) 14 October 2003 (Transmitted to Appeals Chamber) |
1 November 2003 |
3 months |
|
31. |
Decision on Prosecution Request for Leave to Amend the Indictment (Norman, Fofana, Kondewa) (Trial Chamber), SCSL-04-14-PT-113-7001, SCSL-04-14-PT-113-7016 |
9 February 2004 (P Motion) 19 February 2004 (D Response) 24 February 2004 (P Reply) |
20 May 2004 |
3 months |
|
32. |
Decision and Order on Defence Preliminary Motion on Defects in the Form of the Indictment (Kamara) (Trial Chamber), SCSL-04-16-PT-046-I, SCSL-04-16-PT-04-II |
7 January 2004 (D Motion) 19 January 2004 (P Response) 22 January 2004 (D Reply) [199] |
1 April 2004 |
2.5 months |
|
33. |
Decision on Prosecution Request for Leave to Amend the Indictment (Sesay, Kallon, Gbao) (Trial Chamber), SCSL-04-15-PT-108-5971-5985, SCSL-04-15-PT-108-5986-5992 |
9 February 2004 (P Request for Leave) 19 February 2004 (D Response) 24 February 2004 (P Reply) |
6 May 2004 |
2.5 months |
|
34. |
Decision on Prosecution's Motion for Judicial Notice and Admission of Evidence (Sesay, Kallon, Gbao) (Trial Chamber), SCSL-04-15-PT-174-6713, SCSL-04-15-PT-174-6723 |
2 April 2004 (P Motion) 21 April, 11 May 2004 (D Responses) 26 April, 17 May 2004 (P Replies) |
24 June 2004 |
2.5 months |
[195] As noted in the report, many decisions were issued in less than two months following the filing of the motion. It was not possible to quantify the number of such decisions with any precision based on our review of the website of the Special Court for Sierra Leone. This chart, however, provides a detailing of decisions that took more than two months to be decided after the motion was filed.
[196] See also Decision Approving the Indictment and Order for the Continued Detention of the Accused (Kondewa), 26 June 2003. This decision was decided after the motion was filed and provides for continued detention of the accused. Accordingly, the motion was arguably mooted, although the court notes that the issuance of the indictment did not constitute a bar to judgment on the grounds that "the issues raised are important and could receive application in other cases." (Decision on the Urgent Application for Release from Provisional Detention (Kondewa), para. 21.)
[197] See also Decision Approving the Indictment and Order for the Continued Detention of the Accused (Fofana), 26 June 2003. This decision was decided after the motion was filed and provides for continued detention of the accused. Accordingly, the motion was arguably mooted, although the court notes that the issuance of the indictment did not constitute a bar to judgment on the grounds that "the issues raised are important and could receive application in other cases." (Decision on the Urgent Application for Release from Provisional Detention (Fofana), para. 21.)
[198] Delay was explained on the grounds that: 1) there was confusion as to whether it was an application for bail, or modification of conditions of detention; and 2) court was in recess during August 2003.
[199] The decision claims that the consolidated indictment effectively mooted aspects of the defendant's motion – in part perhaps explaining reasonableness of some delay.