UN Security Council Discusses the Work of the Special Court for Sierra Leone

On May 24, 2005, the President of the Special Court for Sierra Leone, Emmanuel Olayinka Ayoola, briefed the UN Security Council on the activities of the Court and addressed issues of imminent concern.

The Special Court for Sierra Leone began its operations in July 2002 to try persons "bearing the greatest responsibility" for serious violations of international humanitarian and Sierra Leonean law since November 30, 1996. To date, thirteen indictments have been issued by the Prosecutor of which eleven are active due to the deaths of two of the accused. Nine of the eleven accused are currently in custody of the Special Court in Freetown and undergoing trial. In January 2004, the trial chamber decided that instead of nine separate trials, they would proceed with three joint trials. Two of the trials began in June and July 2004 and the third commenced in March 2005. These trials are currently ongoing and are expected to be completed in 2006.

The remaining two indictees are currently at-large. While the whereabouts of Johnny Paul Koroma are unknown (and expected dead in Liberia), the former Liberian President Charles Taylor has been granted refuge in Nigeria. The Court is currently seeking the transfer of Taylor from Nigeria to Sierra Leone.

+ More information on Charles Taylor

Ongoing Issues of Concern
Three main issues of continuing concern were addressed at the May UN Security Council briefing: funding, security and the status of at-large indictees.

Funding
Resolution 1315 (2000) determined that the Special Court would be funded through voluntary contributions from States and intergovernmental and non-governmental organizations. However, the Secretary-General retained his right to revert to the Security Council if voluntary funding was not sufficient. To date, the Special Court has received $54.9 million in voluntary contributions against a four-year budget of $104 million. As a result of this shortfall, the Secretary-General had reverted to the Security Council to supplement the voluntary contributions. The Assembly had authorized $20 million for the period of July 31, 2004 to June 30, 2005 and was considering an additional $13 million commitment for the period of July 31 to December 31, 2005. However, there is currently no assurance of funds beyond the end of 2005 and the Court Registrar is seeking additional voluntary contributions. At the May briefing, the Special Court President urged the Security Council to continue to give its support to the Court.

Security Issues
As the Court is located in the country where the conflict took place, security issues were noted as an ongoing challenge. Court President Ayoola stated that 20 percent of the budget was spent on security, much of that for the protection of witnesses. The United Nations Mission in Sierra Leone has played a critical role in providing security and allowing the Court to operate. As the Mission currently has plans to withdraw from Sierra Leone, the Court needs to have new security arrangements in place by November 2005.

Status of At-Large Indictees
Two indictees currently remain at-large. Although the whereabouts of Johnny Paul Koroma are unknown, pressure is mounting for Charles Taylor's transfer from Nigeria to the Court's custody. On March 3, 2003 the Prosecutor issued a 17-count indictment against Taylor and continues to work on Taylor's transfer. Ayoola noted that any delay in Taylor's transfer would hinder completion of the Court's timeline and strategy. At the briefing he stated that "the importance of trying Taylor and Johnny Paul Koroma before the Special Court cannot be over-emphasized because of the strong impact that this would have on the perception that the people of Sierra Leone and of Africa have of the Special Court and of similar institutions, and on the Court's contribution to combating the culture of impunity."

In a press statement following the briefing, Security Council President Ellen Margrethe Løj noted:

Council members reiterated their strong support for the Court and welcomed the progress achieved. They urged the international community to continue to support the Court as it moves into its final stage of work. In particular, they emphasized the essential need for further pledges of voluntary contributions in order to allow the Court to complete its mandate in a timely manner and urged all UN Member States to consider making such pledges.

Citizens for Global Solutions supports the work of the Court and welcomes the UN Security Council's interest in the Court's current status and calls on the UNSC to remain committed to the Court's work in the near future to ensure that it completes its mandate. It is vital for the Court to secure Charles Taylor, who remains active in internal Liberian affairs despite living in asylum in Nigeria, after having been removed from Liberia in an international effort to bring stability to the country in 2003.
 

Updated May 31, 2005