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(New York) - Human Rights Watch welcomed the release of the UN Planning Mission report and this week's Security Council discussion on the Special Court for Sierra Leone, and urged immediate steps be taken to establish the court. The Special Court is charged with bringing to justice those who bear the greatest responsibility for war crimes and crimes against humanity in Sierra Leone.

The report, which followed the Planning Missions' January visit to Sierra Leone, was released March 15, and sets forth a proposal for the Special Court to be in place by the third quarter of this year.

The ten-year civil war in Sierra Leone was marked by unusually brutal crimes, such as the hacking off of limbs of men, women and children, and turning women and children into "sexual slaves" that were kept and used by combatants. Children were also routinely recruited to be soldiers, and, at times, given drugs to induce them into committing crimes.

"What we need now is speedy action to get this court off the ground," said Peter Takirambudde, executive director of the Africa division of Human Rights Watch. "It is not a moment too soon to tackle the huge challenges that lie ahead - investigating the crimes and devising a prosecution strategy to make justice a reality."

The Special Court is designed to prosecute serious violations of international humanitarian law and certain violations of Sierra Leonean law committed since November 30, 1996. The Special Court will be a hybrid institution that combines international and domestic mechanisms, with Sierra Leonean and international prosecutors, judges, and staff.

"For the Special Court to be effective, U.N. member states who have not contributed to the Special Court trust fund will have to step up and pledge adequate funds," said Takirambudde. At the moment, there is a significant shortfall for the second and third years of the court's operations.

Human Rights Watch recently issued a detailed letter to the Security Council and the "Group of Interested States" laying out a series of benchmarks to make the Special Court more effective. The proposals include the need to:

  • Map out the crimes and formulate an overall prosecutorial strategy;
  • Include in indictments, where appropriate, allegations covering crimes of sexual violence;
  • Take steps to safeguard prosecutorial and judicial independence;
  • Take measures to ensure that qualified Sierra Leoneans and other Africans are recruited to work at the Special Court; and
  • Have an explicit rule prohibiting fee-splitting-a prohibited practice where defense counsel shares part of his or her fee with the defendant.

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