The Special Court for Sierra Leone (SCSL) was established by an agreement between the United Nations and the Government of Sierra Leone, to try persons bearing the greatest responsibility for crimes committed since 30th. November 1996. The Court started operations in August 2002 and the first set of indictments was issued in March 2003. When the trials commenced in June 2004, many Sierra Leoneans were interested in attending the hearings. As a matter of fact, organizations and individuals had to book with the Outreach Section of the Court to secure a place. Similarly so, local and international media liaised with the Press and Public Affairs Section to get seats. In a nutshell, the Court was well-attended everyday when there was public hearing. However, since the Sierra Leone Court Monitoring Programme (SLCMP) started monitoring the Special Court in 2004, we have observed that the initial enthusiasm has waned considerably. In a bid to rejuvenate attendance, we therefore sought to know from the people of Sierra Leone why they do not attend the trials, and what can be done as a measure to encourage their attendance.
We examined the attendants of the trials in order to determine the categories of people who attend trials. We discovered that they are mainly relatives and friends of the accused persons, journalists, human rights and other civic society groups, mostly those working on justice related issues. We were not able to find ordinary Sierra Leoneans coming to witness the proceedings just for the sake of wanting to know the process of the court. We asked the attendants whether they would have come to the hearings if they were not relatives/friends of the indictees or not having official interests in the proceedings. Ninety percent of them gave negative answers. However, some of them indicated that coming to the Court, affords them the opportunity to hear on first hand basis, what really happened in their country. Ten percent said they would have come even if they were not relatives, friends, journalist or persons working for organizations.
Compared to the RUF and AFRC trials, we discovered that the CDF trials attract more people than the other two trials. Towards the latter part of the CDF trials, the public has become less interested in the proceedings and the attendance has reduced considerably. So the question here is why do people not attend the trials on a regular basis? If the SCSL was established to try persons that are responsible for the atrocities committed against the people of Sierra Leone, then it stands to reason that they should participate somehow in the trials by attending the court sittings.
When we solicited the views of people on the streets of Freetown, a few of them replied that they attended the Special Court trials at the initial stage because they wanted to see the trials on first hand. However, they said it was very difficult to gain access therein as they had to go through too many security checks. They added that the Court frequently went into ‘closed sessions’ which ultimately barred them from attending. They also complained that they hardly see most of the witnesses as they speak behind shields. They said that they were not against protecting the identity of the individual witnesses but this makes the whole trial process cumbersome. “How can I continue to listen to somebody that I don’t see?” One of them asked, especially when this is not always the case in the national courts.
Majority of the people on the streets said they have never attended any sitting, principally because of lack of interest. Others wanted to come but they were not sure whether they will gain access to the court proceedings. Some attributed it to the security alertness outside the gate and around the fence as it mystifies and scares them away since they do not intend to have any problems with the Court. Others simply stated that they are not aware of the trial sittings schedule.
When asked whether they would want to attend and what needs to be done regarding that, a few of them retort that they are not interested in attending the proceedings. The majority acclaim they would be interested in attending the proceedings provided they are not subject to rigorous security checks.
The SLCMP is aware that the SCSL has been making efforts not only to ensure maximum attendance at trials but also to keep the people informed about the proceedings. For instance, the SCSL’s Outreach Section in the initial stage invited people from various organizations to attend the hearings as well as holding programmes showing highlights of the proceedings to people in Freetown and the provinces. The Outreach Section and the Registrar’s office have also instituted the Special Court Interactive Forum so that organizations will be kept informed about activities at the SCSL. In addition to that, the SCSL security procedures have improved remarkably, especially with installation of the new security devices that has reduced the rigours people used to undergo.
However, the SLCMP always maximizes the opportunity to ensure that the people are adequately informed of the happenings in the Special Court and sensitizes them about the importance of attending the trial sessions. This will give an independent and objective assessment of the trials in their own perspective which is very important. In relation to the security checks, they are basically geared towards ensuring the safety of the judges, lawyers, the accused persons and all other staff members. It is usually reckoned that the price for freedom is eternal vigilance. Therefore the people should realize that routine security checks on their person should not to prevent them from exercising their civic right to attend court sittings. Furthermore, the SCSL Outreach Section should continue to work with civil society groups to strengthen their networks, thereby effecting active participation for all and sundry.