Document 7 26 At Tab 7 Medecins Sans Frontieres Report entitled MSF 1998 Report

Document 7 26 at tab 7 medecins sans frontieres

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Document 7 26. At Tab 7 Medecins Sans Frontieres Report entitled “MSF 1998 Report: Atrocities against civilians in Sierra Leone”. The Prosecution tenders pages 1 to 4 of the Report as evidence of chapeau elements, crime base, and intent, knowledge and awareness relating to the individual criminal responsibility of the Accused. The Trial Chamber considers that the Defence objections are baseless and that the sections of the Report sought to be tendered by the Prosecution are relevant, susceptible of confirmation, and do not go to acts and conduct of the Accused. Accordingly, pages 1 to 4 will be admitted into evidence. Document 8 27. At Tab 8 is a 2002 report from Physicians for Human Rights entitled “War Related Sexual Violence in Sierra Leone, a Population - Based Assessment”. The portions of the report tendered by the Prosecution as evidence of chapeau elements and crime base are on pages 2 to 3 (23227 to 23228), pages 37 to 61 (23262 to 23286) and pages 75 to 77 (23308 to 23310). The Trial Chamber agrees with the Defence that the section entitled “Do you know anything that could identify your attackers? Did they call each other by name? How do you know which military group your attackers were with?” (pages 75 to 77) includes the names of individuals alleged to have colluded with the Accused and is Case No. SCSL-03-1-T 14 26 March 2020
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therefore too proximate to the Accused to admit into evidence without the Defence being given the opportunity to cross-examine on the evidence. The Trial Chamber therefore rejects the tender of pages 75 to 77. However, the Trial Chamber considers that the remainder of the report highlighted by the Prosecution on pages 2 to 3 and 37 to 61 is admissible in that it is relevant, susceptible of confirmation, and does not go to the acts and conduct of the Accused. Document 9 28. At Tab 9 is a report by Amnesty International dated 31 August 2000 entitled “Sierra Leone: Childhood- a casualty of conflict” regarding the use of child soldiers and child labour during the conflict in Sierra Leone. The Prosecution tenders indicated parts of pages 1 (23342), 4 to 8 (233445 to 23349), 15 (23356), and 18 to 20 (23359 to 23361) as evidence of chapeau elements, use of child soldiers, and the individual criminal responsibility of the Accused including joint criminal enterprise and aiding and abetting. The Trial Chamber agrees with the Defence submissions that pages 18-20 of the Report (pp. 23359-23361) discuss links between the rebels in Sierra Leone and the government of Liberia during the time the Accused was President of Liberia, the supply of arms and ammunition from Liberia to Sierra Leone, Liberia being a transit route for diamonds and President Charles Taylor orchestrating the activities of the RUF. These pages go to acts and conduct of the Accused and will not be admitted. The Trial Chamber further agrees with the Defence that pages 4 to 8 deal with matters pivotal to the Prosecution case and information so proximate to the Accused that to admit it without the Defence having the opportunity to cross-examine on the evidence would unfairly prejudice the Accused. Accordingly, the Trial Chamber rejects the tender of pages 4 to 8 and 18 to 20. The Trial Chamber finds that pages 1 and 15 are relevant, susceptible of
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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