Case No SCSL 03 1 T 18 26 March 2020 At Tab 17 is an Amnesty

Case no scsl 03 1 t 18 26 march 2020 at tab 17 is an

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Case No. SCSL-03-1-T 18 26 March 2020
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Document 17 36. At Tab 17 is an Amnesty International report, dated 28 October 2002 entitled “Fear for safety/ Fear of torture or ill-treatment/incommunicado detention/health concern.” This is another article concerning the detention of journalist Hassan Bility (Witness TF1- 355). It was also not put to the Witness when he gave evidence in this case. The Trial Chamber agrees with the Defence submission that the document is irrelevant and thus inadmissible. Document 18 37. At Tab 18 is a report by the Women Waging Peace and The Policy Commission entitled “From Combat to Community: Women and Girls of Sierra Leone” dated January 2004, the subject of which is the abuse of women and girls during the conflict in Sierra Leone. The Prosecution tenders certain portions of the document as evidence of chapeau elements and crime base. The Trial Chamber agrees that the reference to Foday Sankoh leading the invasion of Sierra Leone from Liberia is sufficiently proximate to the Accused that its admission in the absence of an opportunity to cross-examine on the evidence would unfairly prejudice the Accused. The whole of page 2 is therefore ruled to be inadmissible. However, the Trial Chamber considers that the passages marked by the Prosecution on pages 12, 13, and 14 comply with the requirements of Rule 92 bis and are admissible. Document 19 38. At Tab 19 is a document by the ICRC, dated 15 December 2000, entitled “Update No. 36/2000 on ICRC activities in West Africa: Sierra Leone-Guinea- Liberia.” The passage on page 1 which the Prosecution seeks to have admitted into evidence tells of a series of cross-border raids from Sierra Leone and Liberia into Guinea. The Trail Chamber agrees with the Defence submission that such evidence links Sierra Leone and Liberia in waging warfare and thus goes to a critical element in the Prosecution’s case. The Trial Chamber therefore rejects the tender on the ground that it would be unfair to admit such evidence when the Defence has not had an opportunity to cross-examine on it. Case No. SCSL-03-1-T 19 26 March 2020
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Document 20 39. At Tab 20 is an Amnesty International report dated 12 April 1996, entitled “Liberia: Action Must be Taken Now to Protect Lives of Civilians Threatened by Armed Conflict”. The Trial Chamber agrees with the Defence submission that the information sought to be admitted by the Prosecution is confined to the Liberian conflict and is thus outside the scope of the Indictment and irrelevant. The Trial Chamber therefore rules the document inadmissible. V. DISPOSITION FOR THE ABOVE REASONS, the Trial Chamber: DISMISSES the Prosecution’s application for admission of the documents under Rule 89(C); GRANTS the Prosecution’s alternative application in part and ORDERS that: Document 1: The pages from page 1 up to the second paragraph on page 5, subject to the redaction of the third paragraph on page 4 (commencing “Witnesses and victims ..”), are admitted into evidence as Prosecution Exhibit P-328; Document 2: Part III, subject to the redaction of the first and second
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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