publications

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Recommendations

To the United Nations

To the Security Council

  • Include in a Security Council resolution an explicit call for Nigeria to surrender Charles Taylor to the Special Court for Sierra Leone.

  • Continue to extend the mandate of UNAMSIL, or create some residual force to provide security for the Special Court throughout the entirety of its operations.

    To the U.N. Secretary-General

  • Explicitly call on Nigeria to surrender Charles Taylor to the Special Court for Sierra Leone.

  • Without delay appoint qualified judges to serve on the second Trial Chamber to enable its establishment.

  • Ensure that all judges appointed to the second Trial Chamber and any additional judges you appoint to the first Trial Chamber and the Appeals Chamber have criminal trial experience.

  • Request that the General Assembly fund the remaining $23.3 million necessary to operate the court through December 2005 as detailed in your March 2004 subvention.

  • Request that the General Assembly remove the condition on funding provided by the United Nations to the Special Court that any subsequent additional voluntary contributions received by the court will result in a reduction of U.N. funding in the same amount.

  • Advocate for additional funding as necessary to ensure that the Special Court is able to bring justice fairly and effectively.  This includes advocating for increased funds as necessary to ensure adequate facilities for the Defense Office, sufficient payment of defense counsel, and appointment of one international investigator to each defense team.   It also includes advocating for increased funds as necessary to ensure additional legal officers to support the Chambers, protection of witnesses, and effective outreach programming.

  • Advocate for funding for residual mechanisms, including witness protection programs and detention facilities in accordance with international standards, to operate after the court ceases operations.

    To the U.N. Advisory Committee on Administrative and Budgetary Questions

  • Recommend that the General Assembly fund the remaining $23.3 million necessary to operate the court through December 2005 as detailed in the March 2004 subvention by the U.N. secretary-general.

  • Request that the General Assembly remove the condition on funding provided to the Special Court that any subsequent additional voluntary contributions received by the court will result in a reduction of U.N. funding in the same amount.

  • Recommend that the General Assembly ensure that the Special Court has funding to bring justice fairly and effectively and that after the court ceases operations, witness protection programs and detention facilities in accordance with international standards function.

    To Nigeria

  • Immediately surrender Charles Taylor to the Special Court for Sierra Leone to face trial for his alleged crimes.

    To the government of Sierra Leone

  • Without delay, appoint qualified judges to serve on the second Trial Chamber to enable its establishment.

  • Ensure that judges appointed to the second Trial Chamber and any additional judges appointed by your government to the first Trial Chamber and the Appeals Chamber have criminal trial experience.

  • Pass a parliamentary resolution calling on Nigeria to surrender Charles Taylor to the Special Court for Sierra Leone.

    To donors, including the United States and the United Kingdom

  • Ensure that the Special Court has funding to bring justice fairly and effectively, including by providing increased funds for the Special Court to ensure adequate facilities for the Defense Office, sufficient payment of defense counsel, appointment of one international investigator to each defense team, additional legal officers assigned to support the Chambers, protection of witnesses, and effective outreach programming.

  • Fund residual mechanisms, including a domestic witness protection program and detention facilities in accordance with international standards, to operate after the court ceases operations.

  • Call on Nigeria to hand Charles Taylor over to the Special Court.

    To the members of the Management Committee of the Special Court

  • Support and advocate for additional funding for the Special Court to ensure adequate facilities for the Defense Office, sufficient payment of defense counsel, appointment of one international investigator to each defense team, additional legal officers assigned to support the Chambers, protection of witnesses, and effective outreach programming.

  • Formally request that Charles Taylor be delivered to the Special Court for Sierra Leone.

    To the Special Court for Sierra Leone

    To the Registry

  • Coordinate ongoing sessions, including through exchanges with the ICTR and ICTY, for judges on courtroom management, criminal trial procedure, substantive international law, and treatment of witnesses and victims.

  • Coordinate ongoing intensive training for translators.

  • Coordinate ongoing training for staff in the Witness and Victim Support Unit, including on providing quality pre-trial briefings to witnesses, protecting the identity of witnesses, and responding to concerns by witnesses.

  • Coordinate meetings – drawing on Special Court staff expertise – with Sierra Leone civil society and professionals in the local justice system on identifying minimum legal reforms and infrastructure that would be necessary to prosecute serious crimes in the local justice system.

  • Immediately create temporary separate entrances to the SCSL facility so that individuals visiting defendants do not enter in the same gate and wait in a common room as prosecution witnesses, and prioritize completion of construction of permanent separate entrances.

  • Complete all preparation necessary for the second Trial Chamber to function once the judges are appointed.

  • Recommend additional funding for:

      o Chambers to allow for assignment of additional legal officers for a total of three per Chamber.

      o Defense to enable defense teams to have:

        § improved facilities through greater access to logistical support (fax machines and photocopiers, Internet access, cabinet space, etc.);

        § additional compensation if they can demonstrate that preparing and presenting the case effectively required hours of work and expenses that exceeded the lump sum cap on compensation; and

        § one international investigator appointed to each defense team.

      o Witness protection by working with the Protection Unit to identify where a lack of resources may be compromising its ability to provide adequate protection to witnesses.

      o Outreach to support adequate programming.

    To the Chambers

  • Appeals Chamber: Resolve motions on a more timely basis, in part by allocating adequate time for Special Court work each month, as necessary.

  • Trial Chamber:

      o Rule on motions and conduct trials more efficiently.

      o Treat witnesses consistently with respect and dignity and due regard for protection of identity where needed.

      o Participate in ongoing sessions on criminal procedure, substantive law, courtroom management, and treatment of witnesses.

    To the Office of the Prosecutor

  • Review prior investigative work to assess whether a few regional or mid-level commanders who stood out against similarly ranking colleagues for their particularly brutal crimes against civilians should be further investigated or indicted, and if so, to pursue prosecution of these cases.

    To the Defense Office

  • Advocate for an amendment to contracts with defense teams to ensure that additional compensation is available for defense counsel where additional work is required to mount a vigorous defense, in part by deleting the “exceptional circumstances” requirement for additional compensation.

  • Address outstanding requests for local investigators and develop procedures to expedite addressing future requests.

  • Advocate for the appointment of one international investigator to each defense team.  

  • Organize ongoing trainings for defense counsel and investigators.

    To the Witness and Victim Support Unit

  • Identify where a lack of resources may be compromising your ability to provide adequate protection to witnesses and advocate for such assistance with the Registry.

  • Participate in training to enhance protection, including by improving pre-trial briefings, protection of identity of witnesses, and responding to witness’ concerns.

    To the Outreach Section

  • Coordinate production of audio segments on all key or decisive moments that best illustrate the judicial process at the Special Court, in addition to weekly audio summaries.

  • Increase initiatives to coordinate observation of proceedings by individuals from throughout the country when testimony relevant to the area they are from takes place.

  • Publicize information around Freetown about how to attend proceedings and provide orientation sessions to all individuals interested in observing trials that contextualize what is happening on a given day in the larger judicial process.

  • Make copies of rulings and the schedule of proceedings available at the law library and other public venues in Freetown.


    <<previous  |  index  |  next>>September 2004