The Trial Chamber finds that pages 1 and 15 are relevant susceptible of

The trial chamber finds that pages 1 and 15 are

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to 20. The Trial Chamber finds that pages 1 and 15 are relevant, susceptible of confirmation, do not go to acts and conduct of the Accused and will therefore be admitted into evidence. Document 10 Case No. SCSL-03-1-T 15 26 March 2020
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29. At Tab 10 is a report by the Coalition to Stop the Use of Child Soldiers entitled “Global Report on Child Soldiers” (2001). The Prosecution tenders indicated parts of pages 264 to 267 (23393 to 23396), 375 (23397), 377 (23399), 378 (23400), 379 (23401) and 380 (23402). The Trial Chamber considers that the information on pages 264 to 267, which deal with Liberia’s support of the RUF and the Accused’s use of child soldiers, goes to the acts and conduct of the Accused and is not admissible. The Trial Chamber finds that the information on the remainder of the pages, i.e. pages 375, 377 – 380, is relevant, susceptible of confirmation and does not go to the acts and conduct of the Accused and is therefore admissible. Document 11 30. At Tab 11 is a press release from the Associated Press dated 2 May 2002 and entitled “US-based groups urges (sic) United Nations to extend Sanctions against Liberia” which the Prosecution tenders as evidence of a consistent pattern of conduct pursuant to Rule 93. The Prosecution concedes that the parts of this document that it has underlined do go to the acts and conduct of the Accused. However, the Prosecution has not underlined other parts which also go to the acts and conduct of the Accused; for example this passage: “The U.N. Security Council extended a longstanding arms embargo on Liberia in March 2001 and imposed a diamond embargo and travel restrictions last May to punish the government for its gun- and diamond- running with brutal rebels across the border in Sierra Leone”. 48 The Trial Chamber finds that a large portion of the document goes to the acts and conduct of the Accused and is not admissible. The Trial Chamber further considers that the remainder of the document goes to critical elements of the Prosecution case and that it would be unfair to the Accused to admit such evidence in written form, particularly when there is no chance of the Defence being able to cross-examine on the evidence. The Trial Chamber therefore rejects the tender of the document in Tab 11. Document 12 31. At Tab 12 is a press release from the Associated Press, dated 19 July 2002, entitled “Liberian government forces committing scores of war crimes, Human 48 See first page (23405). Case No. SCSL-03-1-T 16 26 March 2020
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Rights Watch says”. This document is tendered by the Prosecution as evidence of a consistent pattern of conduct pursuant to Rule 93. The document details war crimes committed by the Liberian Government in Liberia, including the shooting and beating to death of unwilling recruits and the use of children as soldiers. The Accused is named in the article. This document is clearly not admissible. Document 13 32. At Tab 13 is an article from Agence France - Presse, dated 20 July 2002, entitled “Liberia Denies Human Rights Abuses”. The Prosecution concedes that part of the article does go to the acts and conduct of the Accused. The Trial Chamber agrees with the Defence that the article also goes to critical elements of the Prosecution’s case. Therefore, for reasons mentioned numerous times
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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