PROSECUTOR v ALEX TAMBA BRIMA & ORS - DECISION ON PRINCIPAL DEFENDER'S MOTION FOR A REVIEW OF THE REGISTRAR'S DECISION TO INSTALL SURVEILLANCE CAMERAS IN THE DETENTION FACILITY OF THE SPECIAL COURT FOR SIERRA LEONE (SCSL-04-16-T ) [2006] SCSL 38 (03 Apri


SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER II


Before:
Justice Richard Lussick, Presiding Judge
Justice Teresa Doherty
Justice Julia Sebutinde
Registrar:
Lovemore Munlo
Date:
3 April 2006
PROSECUTOR
Against
Alex Tamba Brima
Brima Bazzy Kamara
Santigie Borbor Kanu
(Case No.SCSL-04-16-T)

DECISION ON PRINCIPAL DEFENDER’S MOTION FOR A REVIEW OF THE REGISTRAR’S DECISION TO INSTALL SURVEILLANCE CAMERAS IN THE DETENTION FACILITY OF THE SPECIAL COURT FOR SIERRA LEONE


Office of the Prosecutor:
 
Defence Counsel for Alex Tamba Brima:
Jim Johnson
Karim Agha
James Hodes
 
Kojo Graham
Glenna Thompson
   
Defence Counsel for Brima Bazzy Kamara:
Andrew Daniels
Mohamed Pa-Momo Fofanah
   
Defence Counsel for Santigie Borbor Kanu:
Geert-Jan Alexander Knoops
Carry Knoops
Abibola E. Manly-Spain

TRIAL CHAMBER II (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”), composed of Justice Richard Lussick, presiding, Justice Teresa Doherty and Justice Julia Sebutinde;

SEISED of the Principal Defender’s Motion for a Review of the Registrar’s Decision to Install Surveillance Cameras in the Detention Facility of the Special Court for Sierra Leone, filed on 31 January 2006; (“Motion”);

NOTING the Interim Registrar’s Response to Principal Defender’s Motion for a Review of the Registrar’s Decision to Install Surveillance Cameras in the Detention Facility of the Special Court for Sierra Leone, filed on 8 February 2006;

NOTING the Reply to the Interim Registrar’s Response to the Principal Defender’s Motion for a Review of the Registrar’s Decision to Install Surveillance Cameras in the Detention Facility of the Special Court for Sierra Leone, filed on 14 February 2006;

RECALLING that Rule 73 (A) of the Rules of Procedure and Evidence (“Rules”) provides as follows:

“Subject to Rule 72, either party may move before the Designated Judge or a Trial Chamber for appropriate ruling or relief after the initial appearance of the accused. The Designated Judge or the Trial Chamber, or a Judge designated by the Trial Chamber from among its members, shall rule on such motions based solely on the written submissions of the parties, unless it is decided to hear the parties in open Court”;

RECALLING ALSO that under Rule 2 (A) of the Rules, “Party” is defined as: “The Prosecutor or the Defence”; and “Defence” is defined as: “The Accused and/or the Accused’s counsel”;

CONSIDERING that the Principal Defender is neither the Accused nor Accused’s Counsel;

FINDING THEREFORE that the Principal Defender has no locus standi;

HEREBY DISMISSES THE MOTION.


Done at Freetown this 3rd day of April, 2006.

     
Justice Teresa Doherty
Justice Richard Lussick
Presiding Judge
Justice Julia Sebutinde

[Seal of the Special Court for Sierra Leone]