PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER ON THE APPOINTMENT OF AMICUS CURIAE ( SCSL-2004-16-AR73 ) [2005] SCSL 172 (28 November 2005);


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THE APPEALS CHAMBER


Before:
Justice Raja Fernando, Presiding
Justice Emmanuel O. Ayoola
Justice George Gelaga King
Justice Geoffrey Robertson, QC
Justice Renate Winter

Interim Registrar:
Mr. Lovemore Munlo, SC
Date:
28 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


Applicant:
United Nations High Commissioner for Human Rights


Office of the Prosecutor:

Defence Counsel for Brima:
Christopher Staker, Luc Côté

Glenna Thompson, Kojo Graham


Defence Counsel for Kamara:
Andrew Daniels, Pa. Momo Fofana


Defence Counsel for 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, Justice George Gelega King, Justice Geoffrey Robertson, QC and Justice Renate Winter;


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”);


ALSO SEIZED of the Application of United Nations High Commissioner for Human Rights for Leave to Make Written Submissions as Amicus Curiae in Prosecution Appeal Against Decision on Oral Application for Witness TF1-150 to Testify Without Being Compelled to Answer Questions on Grounds of Confidentiality filed on 24 November 2005 (the “Application”) pursuant to Rule 74 of the Rules;


NOTING that, pursuant to Article 1(1) 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]pplications for leave to make written or oral submissions as amicus curiae may be submitted at the applicant’s own initiative or in response to a general invitation from a Chamber”;


CONSIDERING that there is a real reason to believe that an amicus curiae brief by the United Nations High Commissioner for Human Rights 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 the United Nations High Commissioner for Human Rights as amicus curiae, and


ORDERS the United Nations High Commissioner for Human Rights to file a written brief no later than 16 December 2005 with any responses by the Parties to be filed within two weeks thereafter.


Done at Freetown this day 28th of November 2005

Justice Raja Fernando Presiding Judge,
Appeals Chamber

Justice Emmanuel Ayoola

Justice George Gelega King


Justice Geoffrey Robertson

Justice Renate Winter

[Seal of the Special Court for Sierra Leone]