SPECIAL COURT FOR SIERRA LEONE HANDS DOWN SENTENCES IN THE

UNCLAS FREETOWN 000439 SIPDIS SIPDIS DEPARTMENT FOR AF/W, DRL, G/TIP E.O. 12958 TAGS: PGOV PREL KDEM PHUM PINR KAWC SL SUBJECT: SPECIAL COURT FOR SIERRA LEONE HANDS DOWN SENTENCES IN THE ARMED FORCES REVOLUTIONARY COUNCIL TRIAL REF: FREETOWN 387 ¶1. (U) On June 20, the three judges of Trial Chambers II at the Special Court for Sierra Leone (SCSL) found Alex Tamba Brima, Brima Bazzy Kamara, and Santigie Kanu, three former Armed Forces Revolutionary Council (AFRC) leaders, guilty of 11 of 14 counts of crimes against humanity (reftel). On July 19, the judges of Trial Chambers II sentenced the three defendants to "global" or single, aggregate sentences of 50 years, 45 years, and 50 years imprisonment respectively. The three convicted were senior commanders of the AFRC, which was responsible for the 1997 coup. The sentences were the first given by the Special Court for Sierra Leone (SLSC) following the end of Sierra Leone's decade-long civil war in 2002. ¶2. (U) In June, the SCSL found the three defendants guilty of 11 of 14 charges against them including: murder and extermination, the drugging and recruitment of child soldiers, sexual violence and rape, the malicious mutilation and amputation of the civilian population, slavery, pillage, and other heinous and grotesque crimes (Reftel). The Court's sentencing was the first in the history of international tribunals to hand down a sentence for the crime of the recruitment and use in hostilities of child soldiers. "Brima, Kamara, and Kanu executed some of the most heinous, brutal and atrocious crimes ever recorded in human history", said Presiding Judge Julia Sebutinde, noting that innocent men, women and children were hacked to death, burned alive, women gang-raped to death, sons forced to rape mothers, brothers forced to rape sisters, women's pregnant stomachs slit open to settle bets on the sex of the fetus, arms chopped off, and heads placed on sticks. ¶3. (U) The Court's deliberations were based on the following factors: (1) Gravity of offenses and personal circumstances of the convicted, (2) Aggravating circumstances, and (3) Mitigating factors. The Court refused to consider the personal circumstances of the accused or any of the mitigating factors proposed by the defense. During the sentencing hearing, each of the defendants gave unconvincing statements in a futile attempt to shorten their sentences. "I pray for those who suffered during the war," stated by Kamara. Yet none claimed any personal responsibility or involvement in the suffering of the victims. The Court rejected their testimonials as not statements of genuine remorse. ¶4. (U) During the sentencing hearings, the prosecution requested global sentences of 60 years for Brima, 60 years for Kamara, and 50 years for Kanu, which should "have the practical effect of amounting to an approximation of life imprisonment." During the sentencing session, the Court concurred with all aggravating factors proposed by the prosecution and rejected all mitigating factors suggested by the defense teams. While the defense requested that the Court consider good service records, the circumstances of guerrilla warfare, and personal circumstances, the Court stood firmly on the ground that these former commanders of the Sierra Leone Army swore an oath to protect the civilian population, not to terrorize them. Justice Sebutinde deliberated, "The Trial Chamber cannot recall any other conflict in human warfare where the civilian population was subjected to such horrific acts." ¶5. (U) The accused were each given a global sentence to be served in a consecutive manner, and each was awarded credit for time spent in custody pending the trial. As the judges read their final statement sentencing Brima to 50 years, Kamara to 45 years, and Kanu to 50 years, the families of the defendants erupted in tears. ¶6. (U) COMMENT: Brima, Kamara, and Kanu will have a chance to appeal the sentences, but will most likely lose their appeals. Sierra Leone has concluded agreements with Sweden and Austria to imprison the three junta leaders. Public reaction to the sentencing has been mostly positive. However, most of the country is preoccupied with the upcoming national elections on August 11. END COMMENT. HULL