19 Turning now to the Prosecutions alternative application the Trial Chamber

19 turning now to the prosecutions alternative

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19. Turning now to the Prosecution’s alternative application, the Trial Chamber will consider the admissibility of each of the documents provided in Annex B of the Motion under Rule 92 bis . Document 1 20. At Tab 1 is Part 1 of Human Rights Watch Report: “Sierra Leone - Getting Away with Murder, Mutilation, Rape” (July 1999). The Prosecution seeks to have admitted into evidence that part of the Report from page 1 up to paragraph 2 on page 5 (as marked on the document). This material is part of the Summary of the Report concerning crimes committed during the invasion of Freetown in January 1999. The Trial Chamber finds that the authors of the Report did not require any special skill or technical knowledge in order to produce the Report and therefore rejects the Defence contention that the Report is an expert report. However, the Trial Chamber agrees with the Defence that that the reference to assailants from Liberia in the third paragraph of p. 23002 (page 4) goes to the acts and conduct of the Accused and is not admissible. Apart from that, the Trial Chamber concludes that the information contained in the Report is relevant, susceptible of confirmation and does not go to the acts and conduct of the Accused, and therefore admits the material into evidence with the exception of the third paragraph on p. 23002 (page 4), which must be redacted. Document 2 21. At Tab 2 is Part III of Human Rights Watch Report: “Sierra Leone - Getting Away with Murder, Mutilation, Rape” (July 1999) which provides background information regarding the war in Sierra Leone leading up to the invasion of Freetown and the aftermath of that invasion. As submitted by the Defence, the first paragraph of page 23007 (page 1) states that the war began when the RUF entered Sierra Leone from Liberia and the second paragraph of p. 23007 43 Appeals Chamber Decision, para. 34; see also Prosecutor v. Taylor , SCSL-03-1-T, Decision on Prosecution Motion for Admission of Document Pursuant to Rule 89(C), 9 February 2009, p. 3. Case No. SCSL-03-1-T 10 26 March 2020
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(page 1) states that the RUF, under the leadership of Foday Sankoh, was supported by Liberian fighters from Charles Taylor’s National Patriotic Front. This information not only links Foday Sankoh to the Accused, a pivotal element of the Prosecution case, but also goes to the acts and conduct of the Accused, and is therefore not admissible. Contrary to the submission of the Defence, the Trial Chamber considers that while the first paragraph of p. 23008 (page 2) does refer to Johnny Paul Koroma it does not do so in a manner that links him, directly or indirectly, to the Accused, and is therefore admissible. However, the Trial Chamber agrees with the Defence that the second paragraph of page 23009 (page 3), which speaks of Charles Taylor’s assistance to the RUF, goes to the acts and conduct of the Accused and is not admissible. The Trial Chamber considers that the remaining sections of Part III are relevant, susceptible of confirmation and do not go to the acts and conduct of the Accused, and will be admitted into evidence.
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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