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I. Introduction

The Special Court for Sierra Leone is playing a crucial role in bringing justice for horrific human rights abuses committed during the Sierra Leone armed conflict. The conflict, which lasted from 1991 to 2002, was characterized by extreme brutality. Civilians suffered widespread and systematic attacks involving murder, mutilation, amputation, torture, rape, abduction, and the conscription and use of child soldiers. The majority of crimes were perpetrated by rebels from the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC). Government forces and their allies, including the Civil Defense Forces (CDF), also committed serious violations, albeit on a smaller scale than those by the rebel alliance.

Accountability for serious human rights crimes committed during Sierra Leone’s war is essential for several reasons, including to bring justice to the victims, to punish the perpetrators, and to strengthen respect for the rule of law in the post-conflict era. Since 1998, Human Rights Watch has monitored the conflict in Sierra Leone, documented human rights crimes committed there, and pressed for justice for these crimes. Human Rights Watch maintained a field office in Sierra Leone from 1999 to 2002.

Within the context of the dysfunctional condition of the national justice system since the end of the conflict, the Special Court for Sierra Leone was established in 2002 by agreement between the Sierra Leone government and the United Nations (U.N.). The court has a mandate to “prosecute persons who bear the greatest responsibility” for serious crimes committed during the Sierra Leone war since 1996.¹

Human Rights Watch takes a two-pronged approach to the court, reflecting our approach to international justice institutions more generally. We actively support the efforts of the Special Court. Human Rights Watch has encouraged governments to cooperate to ensure that suspects do not escape the court’s jurisdiction. We have urged the international community to provide the court with adequate financial support. As an independent human rights organization committed to effective justice for the victims and fair trials for the accused, Human Rights Watch also critically assesses the court’s work to meet international standards: we make constructive recommendations to ensure that the Special Court fulfills its mandate fairly and efficiently, protects and supports witnesses and others at risk due to testimony provided, and is accessible and meaningful to those most affected by the crimes in the short and long term.

As a hybrid international-national court based in the country where the crimes occurred, the Special Court represents a new type of international justice institution. This fact makes scrutiny of the Special Court all the more important. Its success or failure is likely to have implications for assuring justice in other countries where crimes of a similar character and magnitude have been committed.

Consistent with our approach, in September 2004 Human Rights Watch issued Bringing Justice: The Special Court for Sierra Leone; Accomplishments, Shortcomings, and Needed Support. That report, based on a mission Human Rights Watch researchers conducted to Sierra Leone in March 2004, evaluated the court against a series of benchmarks crucial to its ability to bring justice fairly and effectively: 1) adherence to international fair trial standards; 2) effectiveness in achieving its mandate; 3) efficiency; 4) protection of witnesses; 5) accessibility to Sierra Leoneans; 6) leaving behind a legacy; and 7) providing security. The report identified accomplishments and made recommendations regarding court operations. It also made recommendations on the crucial importance of enhanced financial and political support by key governments.

This report seeks to build upon and expand Human Rights Watch’s prior work on the Special Court. We assess developments since our March 2004 mission and focus on the court’s practice during trials, which began in June 2004. This report utilizes a set of benchmarks similar to, but developed upon, those framing the September 2004 report: 1) efficiency and effective trial management; 2) adherence to international fair trial standards; 3) protection and support of witnesses; and 4) impact. This report does not discuss each of the various components of court operations in depth. Instead, it highlights those areas that represent particularly significant accomplishments or concerns, and makes recommendations for improving operations.

The report is based largely on interviews conducted during a mission by Human Rights Watch to Freetown in April 2005. During this mission, Human Rights Watch researchers conducted interviews with approximately 40 Special Court staff, including current and former international and Sierra Leonean staff in the Office of the Prosecutor (OTP), the Registry, the Chambers, and the Office of the Principal Defender. Researchers also interviewed international and Sierra Leonean defense counsel, independent court monitors, national justice sector staff, and members of civil society. Aside from interviews, Human Rights Watch researchers also conducted limited observation of proceedings in both trial chambers at the Special Court and in the national courts, attended a Special Court outreach event, and held discussions with Sierra Leoneans around Freetown not involved with the court. Additional interviews with court staff, diplomats, and defense counsel in New York and Freetown were conducted by phone, e-mail, and in person between March and October 2005.

Some of the individuals interviewed wished to speak candidly but did not wish to be cited by name. To protect the anonymity of these persons, most sources are cited with only generic references, such as “Special Court staff,” or “member of civil society.”