Welcome to the Thirteenth Edition of the Sierra Leone Court Monitoring Programme (SLCMP) newsletter, the Monitor. In the last edition, we focused largely on advocating for Mr. Taylor’s trial to take place here in Sierra Leone. As an organization, we still maintain our position since the reasons for taking it have not changed. Despite the fact that other civil society groups within and without Sierra Leone added their voices, the Special Court and the international community have continued to ignore their calls. What is more disheartening is the Government of Sierra Leone’s (GoSL) continued silence over the whole issue, Not withstanding the fact that the Sierra Leone Parliament unanimously passed a resolution requesting for the trial to take place at the Special Court premises in Freetown.
It is important that the Special Court be seen to be an independent court. This does not, however, imply that GoSL should not take part in the non-judicial aspects of the Court. The Special Court was established pursuant to an agreement between the GoSL and the United Nations. Ensuring the implementation of the non-judicial aspects of the Court does not in anyway constitute encroaching on its independence. The transfer of Mr. Taylor’s trials to The Hague is purely a political decision and therefore, the GoSL was expected to play a leading role since the trial and its outcome will affect its people the most. Disappointing, this has not been the case.
The GoSL’s continued apathy towards the non-judicial aspects of the Special Court has also resulted in the appointment of a non-Sierra Leonean in the position of Deputy Prosecutor. Based on the Agreement (Art. 3 (2)) between the GoSL and United Nations, the Deputy Prosecutor of the Special Court was supposed to be a Sierra Leonean. However, the clause was changed to a GoSL appointee. This was how the present Prosecutor, Desmond de Silva, QC, QC came to be appointed the Deputy Prosecutor. It was a major blunder, not because of the appointment of Mr. de Silver, but because the clause was changed. Furthermore, the GoSL abdicated its responsibility to rectify this gaffe when Mr. de Silva was appointed the Prosecutor after Mr. David Crane left. Another non-Sierra Leonean was appointed to the position even though the Sierra Leone Bar Association issued a statement to the effect that a Sierra Leonean should be appointed.
Mr. de Silva has announced that he will be leaving the Special Court in June. The SLCMP wants to take this opportunity to thank him for his contributions in ensuring accountability in Sierra Leone after a decade long civil war, and wishes him good luck in his future endeavors. To this end, Sierra Leoneans are looking forward to the GoSL’s active participation in the appointment of the next Prosecutor.