Sierra Leone: Ending impunity and achieving justice Amnesty International's message to the National Victims
Commemoration Conference
Amnesty International welcomes the initiative taken by the Special Court for Sierra Leone to organize the National
Victims Commemoration Conference on Truth, Justice and Reconciliation in Freetown on 1 and 2 March 2005. This is an
important opportunity for the people of Sierra Leone to assess to what extent the Special Court is contributing towards
an end to impunity for some of the worst crimes ever known and also to determine what more needs to be done to achieve
justice for all victims and their families for crimes committed during a decade of internal armed conflict.
The Statute of the Special Court provides a mandate to prosecute those "who bear the greatest responsibility" for crimes
against humanity, war crimes and other serious violations of international law committed during Sierra Leone’s armed
conflict after 30 November 1996. Its jurisdiction therefore does not include all those who committed crimes under
international law throughout the 10-year conflict. Only 11 of the very large number of people suspected of committing
these crimes have been indicted. Two of them, including former Liberian President Charles Taylor, have yet to be
arrested and surrendered to the Special Court.
Since August 2003 Charles Taylor has been harboured by the Nigerian government in violation of its legally binding
obligations under international law. Its decision to grant refugee status to Charles Taylor violates Nigeria’s
obligations to surrender a person indicted for crimes under international law or to submit the case to its prosecuting
authorities. The Nigerian government must arrest Charles Taylor and surrender him to the Special Court.
While prosecuting a few of those responsible for these crimes is a major contribution towards ending impunity in Sierra
Leone, it is only a partial response. More needs to be done. While Sierra Leone’s Truth and Reconciliation Commission
(TRC) has been important in providing a forum for victims and perpetrators to recount their experiences, creating an
impartial historical record of human rights abuses committed during the conflict, identifying the reasons for those
abuses, and facilitating reconciliation, it cannot be a substitute for a court of law to try alleged perpetrators of
serious violations of international law.
An essential element of providing justice to the victims of human rights abuses is the provision of reparations. Amnesty
International was disappointed that the Statute of the Special Court did not follow the example of the Rome Statute of
the International Criminal Court by authorizing the Special Court to award reparations for victims of crimes within its
jurisdiction, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Such
reparations are integral to achieving justice for the victims and also assisting them to rebuild their lives.
The national justice system needs to be able to work to ensure that all those who committed horrific crimes during the
conflict, but who are not among the small number indicted by the Special Court, are brought to justice and that their
victims have access to reparations. In this, the "legacy" bequeathed by the Special Court to the national justice system
- which continues to face serious challenges in providing effective and efficient administration of justice - is
crucial. Although the Special Court cannot by itself turn around the struggling national justice system, its presence,
example and resources should be an important catalyst for and reinforce a committed, long-term strategy to end impunity
and build an effective system of justice for the future.
A major stumbling block, however, is the general amnesty included in the 1999 Lomé peace agreement and subsequently
enacted into national law. This amnesty, however, cannot apply to crimes against humanity, war crimes and other serious
violations of international law. In a historic decision in March 2004 the Special Court refused to recognize the
applicability of the amnesty provided by the Lomé peace agreement and concluded that it did not prevent international
courts, such as the Special Court, or foreign courts from prosecuting crimes against humanity and war crimes. For
impunity to be successfully challenged in Sierra Leone, the amnesty provision must be removed from the statute books.
A landmark and lasting legacy of the Special Court would be if its example were to be followed and the death penalty
removed from Sierra Leone’s statute books. The discrepancy between the Special Court, where the maximum penalty which
can be imposed is a period of imprisonment, and the national courts, which continue to pass death sentences, needs to
removed. The Sierra Leone government should follow the example of the Special Court, as well as implement one of the key
recommendations of the TRC, and abolish the death penalty.
For further information, see Special Court for Sierra Leone: Statement to the National Victims Commemoration Conference,
Freetown, 1 and 2 March 2005 (AI Index: AFR 51/002/2005), after 1 March 2005.
View all AI documents on Sierra Leone: http://amnesty-news.c.topica.com/maadd98abeyNibb0hPub/