SPECIAL COURT FOR SIERRA LEONE SENTENCES FOFANAH

UNCLAS FREETOWN 000611 SIPDIS SIPDIS FOR AF/W, DRL, S/WCI E.O. 12958: N/A TAGS: PHUM PREL PGOV KDEM PINR KAWC SL SUBJECT: SPECIAL COURT FOR SIERRA LEONE SENTENCES FOFANAH AND KONDEWA ¶1. (U) Summary: On October 9, the Special Court for Sierra Leone sentenced Moinina Fofanah and Allielu Kondewa, former leaders of the Civil Defense Force, to 6 and 8 years in prison, respectively. Time already served in detention was counted toward the sentences, meaning that Fofanah will complete his sentence on May 29, 2009 and Kondewa on May 29, ¶2011. Justice Bankole Thompson, the Sierra Leone judge serving on the Special Court, dissented from the conviction and sentence. The relatively lenient sentence was in line with what the defense counsel had asked for, and initial comments reflect an acceptance that the sentences are appropriate given the complexity of the conflict and the context of the CDFs actions. End Summary. ¶2. (U) The Presiding Judge of the Special Court for Sierra Leone, Justice Benjamin Itoe, pronounced sentences for Moinina Fofanah and Allielu Kondewa on October 9, 2007. The two leaders of the CDF had been charged in 2003 for war crimes, crimes against humanity, violations of Article 3 common to the Geneva Convention and of Additional Protocol II, and other serious violations of international humanitarian law. They were convicted on August 2, 2007 and the hearing for sentencing had been scheduled and delayed several times, finally taking place on October 9. The two were convicted on multiple counts, with the prison time for each count to run concurrently and time served since arrest to be counted toward the sentence. Fofanah was convicted on 4 counts of an 8-count indictment and was sentenced to 6 years imprisonment for murder, 6 years for cruel treatment, 3 years for pillage and 4 years for collective punishments. Kondewa was convicted on 5 counts of an 8-count indictment, receiving a sentence of 8 years for murder, 8 years for cruel treatment, 5 years for pillage, 6 years for collective punishment and 7 years for conscripting or enlisting children under the age of 15 into armed forces. ¶3. (U) In delivering the sentence, Justice Itoe noted that the chamber had considered mitigating circumstances including the fact that both men had expressed regret for their actions, that both acted out of feelings of civic duty to support a democratic government rather than selfish motives, that neither had previous convictions, and that both had been propelled into a difficult and violent situation and had no training or background as military leaders to guide them. The relatively lenient sentences reflected these factors. ¶4. (U) Sam Hinga Norman, the head of the CDF, had been indicted in 2003 on the same eight charges but he died during the course of the trial. Proceedings against Hinga were terminated by the court following his death. Local observers noted that Hinga's family would probably feel some vindication in the relatively light sentences received by Fofanah and Kondewa. ¶5. (SBU) On October 10, at a press conference, the prosecution indicated that it is considering appealing the sentences. Meeting with the Ambassador and Embassy officers the prosecutor for the Special Court Stephen Rapp confirmed that an appeal will in fact be filed and said that the appeal will probably focus on the question of motivation, cited as a mitigating factor by the Presiding Judge. An appeal could take several months. PERRY