PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER FOR ACCESS BY AUTHORISED COURT MONITORS TO TRIAL TRANSCRIPTS INCLUDING CLOSED SESSION ( SCSL-04-15-T ) [2008] SCSL 19 (01 February 2008);


SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Herman von Hebel
Date:
1st February 2008
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

Public Document


ORDER FOR ACCESS BY AUTHORISED COURT MONITORS TO TRIAL TRANSCRIPTS INCLUDING CLOSED SESSION


Office of the Prosecutor:

Defence Counsel for Issa Hassan Sesay:
Peter Harrison
Reginald Fynn

Wayne Jordash
Sareta Ashraph


Defence Counsel for Morris Kallon:
Charles Taku
Kennedy Ogeto


Court Appointed Counsel for Augustine Gbao:
John Cammegh
Scott Martin

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

HAVING CONSIDERED the written request, dated the 22nd of January, 2008 from the Trial Monitoring Coordinator and Senior Researcher, International Justice Issues at the War Crimes Studies Center, University of California at Berkeley to be granted permission to receive Transcripts of the RUF Trial (“Monitors”);

MINDFUL of the “Order on Trial Monitoring During Closed Session” filed on the 27th of October 2004 and of the furtherOrder 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 Monitors acting under the auspices of the War Crimes Studies Center, University of California at Berkeley, subject to the conditions hereafter described are to be permitted to receive transcripts of both open and closed session of the RUF Trial;
  2. That before being so permitted, these Monitors shall forward a sworn statement to 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 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;
  4. That the Monitors shall be bound by the Solemn Declaration they subscribed to before the Chamber granted them access to closed session proceedings;
  5. That the Monitors shall not share any such material with any third party that has not signed the required declaration;
  6. That upon review of the transcripts by the Monitors, both hard copies and electronic copies of these transcripts shall be destroyed by the Monitors; and
  7. That the Monitors shall comply with all Orders of the Court regarding protective measures for witnesses and closed sessions issued by this Chamber.
Done at Freetown, Sierra Leone, this 1st day of February 2008

Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I


[Seal of the Special Court for Sierra Leone]