PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER ON THE APPOINTMENT OF AMICUS CURIAE ( SCSL-2004-16-AR73 ) [2005] SCSL 169 (24 November 2005);


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THE APPEALS CHAMBER


Before:
Justice Raja Fernando, Presiding
Justice Emmanuel O. Ayoola
Justice Geoffrey Robertson, QC

Registrar:
Mr. Lovemore Munlo, Interim Registrar
Date:
24 November 2005
PROSECUTOR
Against
Alex Tamba Brima
Brima Bazzy Kamara
Santigie Borbor Kanu
(Case No.SCSL-2004-16-AR73)

ORDER ON THE APPOINTMENT OF AMICUS CURIAE


Office of the Prosecutor:

Defence Counsel for Alex Tamba Brima:

Christopher Staker
Luc Côté

Glenna Thompson
Kojo Graham

Defence Counsel for Brima Bazzy Kamara:



Andrew Daniels
Pa. Momo Fofana



Defence Counsel for Santigie Borbor Kanu:
Geert-Jan Knoops
Carry Knoops-Hamburger
Abibola E Manley-Spain


THE APPEALS CHAMBER (“Appeals Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Justice Raja Fernando, Presiding Judge, Justice Emmanuel Ayoola and Justice Geoffrey Robertson, QC;


SEIZED of the Prosecution Appeal against the Decision on Oral Application for Witness TF1-150 to Testify Without Being Compelled to Answer Questions on Grounds of Confidentiality filed on 19 October 2005 (the “Appeal”) pursuant to 73(B) of the Rules of Procedure and Evidence of the Special Court (“Rules”);


CONSIDERING the Joint Defence Response to Prosecution Appeal against the Decision on Oral Application for Witness TF1-150 to Testify Without Being Compelled to Answer Questions on Grounds of Confidentiality filed on 27 October 2005 (the “Response”);


CONSIDERING the Prosecution Reply to Joint Defence Response to Prosecution Appeal against the Decision on Oral Application for Witness TF1-150 to Testify Without Being Compelled to Answer Questions on Grounds of Confidentiality filed on 31 October 2005 (the “Reply”);


NOTING that, pursuant to Article 1(2) of the Practice Direction on Filing of Amicus Curiae Applications pursuant to Rule 74 of the Rules of Procedure and Evidence of the Special Court for Sierra Leone (the “Practice Direction on Amicus Curiae”), adopted on 20 October 2004, “[a]t its discretion, a Chamber may invite an amicus curiae submission from a particular State, organization or person, in which case no application for leave is required”;


BEING INFORMED of the intention of the Non-Governmental Organization “Human Rights Watch” (“Human Rights Watch”) to file an amicus curiae brief in the current case;


CONSIDERING that there is a real reason to believe that an amicus curiae brief by Human Rights Watch providing material that is not already before the Appeals Chamber will assist it in reaching its decision on the issues raised by the present Appeal;


PURSUANT TO RULE 74 OF THE RULES AND ARTICLE 1(2) OF THE PRACTICE DIRECTION ON AMICUS CURIAE


HEREBY APPOINTS Human Rights Watch as amicus curiae, and


ORDERS Human Rights Watch to file a written brief no later than 15 December 2005 with any responses by the Parties to be filed within two weeks thereafter.


Done at Freetown this day 24th of November 2005

Justice Raja Fernando

Justice Emmanuel Ayoola

Justice Geoffrey Robertson
Presiding Judge,
Appeals Chamber



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