PROSECUTOR v ISSA HASSAN SESAY & ORS - FURTHER ORDER ON TRIAL MONITORING DURING CLOSED SESSION ( SCSL-04-15-T ) [2006] SCSL 14 (07 February 2006);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Justice Pierre Boutet, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Benjamin Mutanga Itoe
Interim Registrar:
Lovemore G. Munlo SC
Date:
7th of February 2006
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No.SCSL-04-15-T)

PUBLIC


FURTHER ORDER ON TRIAL MONITORING DURING CLOSED SESSION


Office of the Prosecutor:
Court Appointed Counsel for Sam Hinga Norman:
Desmond De Silva
Jim Johnson
Peter Harrison
Kevin Taverner
Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.

Court Appointed Counsel for Moinina Fofana:


Victor Koppe
Arrow Bockarie
Michiel Pestman


Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana



Defence Counsel for Issa Hassan Sesay:


Wayne Jordash
Sareta Ashraph

Defence Counsel for Morris Kallon:


Shekou Touray
Charles Taku
Melron Nicol-Wilson


Defence Counsel for Augustine Gbao:
Andreas O’Shea
John Cammegh

TRIAL CHAMBER I (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Judge Pierre Boutet, Presiding Judge, Hon. Judge Bankole Thompson and Hon. Judge Benjamin Mutanga Itoe;

MINDFUL of the “Order on Trial Monitoring During Closed Session” filed on the 27th of October 2004 and of the further “Order on Trial Monitoring During Closed Session” filed on the 5th of November 2004;

PURSUANT TO the provisions of Rule 79 and particularly those of Rule 79 (C) of the Rules of Procedure and Evidence of the Special Court;


ORDERS AS FOLLOWS:

  1. That international monitors acting under the auspices of the War Crimes Studies Center, University of California at Berkeley, and national monitors acting under the auspices of the Coalition for Justice and Accountability and the International Center for Transitional Justice, are to be permitted to continue monitoring the Court proceedings during closed sessions;;
  2. That before being so permitted, these monitors are required to sign a declaration at the Office of the Registrar stating that they will not disclose any of the evidence elicited by witnesses during closed session nor any information that could lead to the identification of any such witness and that they will report only on the practice and procedure of the Court during closed session;
  3. That at any given time not more than a total of two authorised monitors are allowed to be present during the court proceedings conducted in closed sessions;
  4. That the monitors shall seek the approval of the Registrar before reporting or publishing any comment or writing regarding the practice and procedure of the Court during closed session;
  5. That the monitors may share such material with other international and national organizations with the approval of the Registrar; and
  6. That the monitors must comply with all Orders of the Court regarding protective measures for witnesses and closed sessions.
Done at Freetown, Sierra Leone, this 7th day of February 2006

Hon. Justice Benjamin Mutanga Itoe
Hon. Justice Pierre Boutet

Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I

[Seal of the Special Court for Sierra Leone]