OPERATIONAL SUPPORT also denied that Sankoh arrived at Moni Hills and instructed Bockarie to assign men to units, stating that Sankoh did not once com e to Bomi Hills fro m Oct ober 1990 to September 1992.8343
3653 . With regards to the ev idence of Foday Lansana, Dehmie denied that Galakpalah ordered Roosevelt Nyameleyan and Lansana to travel from Foya, Liberia to Sierra Leone to set up radio communication there. First, there was no radio station in Foya betwe en 1991 and 1992. Second, the witness knew Nyameleyan, and stated he was never assigned to a radio stati on in Foya between 1991 and 1992.8344 Finally, Dehmie stated that throughout his entire career with the NPFL, he never heard of a person named CONya, Lansana 's nickname. 8345
Deliberations
3654. It is undisputed that one or more NPFL radios and radio operators entered Sierra Leone durin g the NPFL's cooperation with the RUF in their fight against ULlMO, from 1991 to 1992.8346 The Prosecution contends that these NPFL operators, including Foday Lansana, trained RUF fighters in radio communication, and the RUF continued to benefit from this training throughout the conflict in Sierra Leone. 8347 The Prosecution also alleges that the Accused provided radio sets to the RUF, which the RUF later used to communicate with the Accused in Liberi a and with the RUF in Cote dIvoire during the conflict in Sierra Leone.8348
3655. The Defence contend s that all equipment and operators were evacuated in 1992,8349 and denies that any of these NPFL operators, including Lansana, train ed RUF fighters at this time. 8350 The Defence also argues that there is no evidence to prove that Tay lor knew that 8351 RUF fighters were being trained on the radio by the NPFL
<343 Joseph Dehmie, Transcript 20 May 2010. pp. 41324-41325.
X344 Joseph Dehrni e, Transcript 20 May 2010. pp. 4 1357-4 1359. 41358-41360 x345 Joseph Dehmie. Transcript 20 May 20 I0, pp. 4 1360-41 361. xw. Prosecution Final Trial Brief. para. 308: Defence Final Trial Brief. para . 982.
X)47 Prosecution Final Trial Brief. para. 308 .
' 34 X Prosecut ion Final Trial Briel: para. 308. ,W' Defence Final Trial Brief. para. 984. , 35" Defen ce Final Trial Brief para. 986.
X35 1 Defence Final Trial Briel: para. 987.
1296 Case No.: SCSL -03-0 I-T 18 May 20 12 OPERATIONAL SUPPORT
3656. The Prosecution has presented substantial evidence that Foday Lansana trained RUF fighters in Sierra Leone in radio communications from 1991 until as late as 1995. Lansana himself testified to this fact, and it was confirmed by several witnesses, including Perry Kamara, TFI-585, Mohamed Kabbah, TFI-516, Alice Pyne, and Isaac Mongor.8352
3657. The Defence contends that Lansana was not sent by the NPFL but entered Sierra Leone independently and of his own accord, citing the evidence of Defence Witness John Vincent.8353 Vincent, however, only "heard" this information regarding Lansana, and did not specify his source. The Trial Chamber recalls its finding that John Vincent's testimony should be considered with caution and requires corroborationr':" and does not find his testimony reliable. Lansana presented substantial evidence that he trained with the NPFL and answered to NPFL leaders before he left for Sierra Leone. 8355 Numerous witnesses. including Defence witnesses, testified to Lansana having been a member of the NPFL In Liberia before he joined the RUF in Sierra Leone in approximately 1991.8356
3658. The Accused testified that Lansana was not an NPFL member, that he, Taylor, did not send him to Sierra Leone, and that Lansana stole an NPFL radio and went to Sierra Leone on his own initiative. 8357 The Accused, however, provided no basis for his assertion that Lansana was not an NPFL member, nor for his assertion that Lansana stole an NPFL radio. Moreover, the Accused did not explain how Lansana could have stolen an NPFL radio if he was not an NPFL member. He testified that he did not know Lansana, from which it can be concluded that he could not have known whether Lansana was an NPFL member, nor whether he stole a radio. Defence counsel cross-examined Lansana on how he came to join the NPFL, his knowledge of the Accused's orders for the NPFL to evacuate Sierra
mz Perry Kamara, Transcript 4 February 2008, pp. 3037-3038; TFI-585. Transcript 5 September 2008, pp. 15586-15588; Mohamed Kabbah, Transcript 15 September 2008, pp. 16106-16107; TF 1-516. Transcript 14 April 2008. pp. 7456-7457; Alice Pyne, Transcript 17 June 2008. pp. 12066-12072; Transcript 18 June 2008. p. 12105; Isaac Monger, Transcript 10 March 2008. pp. 5675-5677. mJ Defence Final Trial Brief para. 986. gJj4 Credibility Assessment. John Vincent, Provision of Military Personnel, paras 4464-4465. gm The witness states that he was "on assignment" with the NPFL from 1991 to 1992. See Foday Lansana. 25 February 2008. p. 4698. gJj6 TFI-371. Transcript 25 January 2008, p. 2274 (CS); Perry Kamara, Transcript 4 February 2008. pp. 3037 3038; Mohamed Kabbah, Transcript 16 September 2008. pp. 16382-16383: John Vincent, Transcript 25 March 201.0 pp. 38044-38045. John Vincent. 30 March 20 IO. p. 38316: Charles Ngebeh, Transcript 12 April 20 IO. p. 38748; OCT-292. Transcript I June 2010. pp. 41821-41822. m7 Charles Ghankay Taylor. Transcript 27 October 2009. pp. 30467-30468.
1297 Case No.: SCSL-03-0 I-T 18May2012 OPERATIONAL SUPPORT
Leone ,8358 and whether he had been co urt martialled or disciplined for deserting the NPFL,8359 thereby implyin g that Lansana was a member of the NPFL. Recalling that Lansana is a generally credible witness,836o the Trial Chamber accepts Lansana's ev idence. which was corroborated by other witnesses, and finds that he was sent by the NPFL to train RUF fighters in Sierra Leone.
3659. In addition to evidence that Lansana, an NPFL operator, trained RUF members, the Prosecution presented evidence that Dauda Aruna Fornie, a Sierra Leonean RUF member, was trained by the NPFL Signal Unit in radi o communication in 1992, in Bomi Hills, Liberia. Defence Witn ess Joseph Dehmie contradicted this testimony, denying that Fornie was trained as a radi o operator. and stating that Fom ie was his "cook". Dehrnies testimony, however, is uncor roborated. while Fomie provided substantial details as to his work as a radio operator. Further, several other witnesses, including Defence witn esses, contradicted Dehmie and identified Fomie as a radio operato r for the RUF .836\ The Trial Chamber did not find Dehmic's evid enc e credible. It accepts Fernie' s testimon y and find s that he was trained in radio communicati ons by the NPFL in Liberia.
3660. Several witnesses testified as to whether the RUF continued to benefit from this training by the NPFL during the conflict in Sierra Leone. Lansana stated that he remained in 8362 Sierra Leone thr ough at least 1997, TFI-516 attested to being trained by him in 1994 and TFI-585 attested to being trained by him in 1995. Witnesses Kamara, TF I-585, Kabbah, TF 1-516, Pyne and Mongor all testified that they were trained by Lansana. Kamara remained a radi o operator with the RUF until at least 1998,8363 Kabbah, TFI-516 and Pyne remained operators until at least 1999,8364 and TF 1-585 until at least 2001.8365 Lansana
,m Foday Lansana. Transcript 25 February 2008. pp. 4622-4624. 4676-4680 . &35. Foday Lansana. Transcript 25 February 2008, pp. 4658-4660. 4689-4690.
" ,;0 Credibility Assessment. Foday Lansana. paras 237-243.
KJ61 TFI-371, Transcript 28 January 2008. p. 238 1 (CS): TF I-5 16. Transcript 8 April 2008. pp, 6867-6868: Alimamy Bobson Sesay, Transc ript 23 April 2008, p. 3976: Alben Saidu. Transcript 9 June 2008. p. 11333: Charles Nge beh, Transcript 14 April 20 10, p. 390 10: Martin George. Transcript 23 April 20 10. p. 39746: OCT 008, Tran script I Septembe r 20 10. p. 47767; Sam Kolleh. Transcript 4 September 20 10. p. 48 747. These witnesses sometimes referred to Forni e as OAF. his RUF operating code name . '."2Foday Lansana,Transcript 20 February 2008. pp. 4386-4387: TFI-516. Transcript 14 April 2008, pp. 7456 7457.
KJ6J Perry Kamara, Transcri pt 6 Febru ary 2008, p. 3200. """ Moham ed Kabbah. Transcri pt 12 September 2008. pp. 16126-1612 7: TFI-516. Transcript 8 April 2008. p. 6857; Alice Pyne, Transcript 19 June 2008, pp. 12272- 12273.
K365 TFI-585. Tran script 5 September 2008. p. 15592 (PS).
1298 Case No.: SCSL-03-01- T 18May2012 OPERATIONAL SUPPORT
himself also lists the nam es of other radio operators that he trained.8366 Lansana testified that follow ing an attack in 1992 , RUF fighters ca ptured a significant amount of co mmunicatio ns equipment. which was installed by operators train ed by Lansa na.8367 Additionally, Fornie testifi ed that he was se nt to Liberia for training w ith the NPFL signal unit; he remained a radio operator with the RUF until 1999.8368
366 1. Tho ugh the Defence presents cred ible evidence that Sankoh trained man y fighters in radio com munications, and was him self an expert in cornmunications.t'?" this ev ide nce is not disposit ive, for it does not exc lude the possibil ity that Lansana, ofthe NPFL, also trained operators . Similar ly, the Defe nce argume nt that Lansana was only an "assistant operator" and therefore not qualified to train RUF fight ers does not negate the ove rwhelming ev idence that he did provide this training.8370
3662. Lansa na testi fied that upon an instruction from James Gal akpalah , he brou ght a radio set for San koh to Sierra Leone in 1991.8371 He then returned the radio to Liberi a when Taylor withdrew NPFL troops in 1992, but brought it back upon instructions from Jam es Ga lakpa lah two weeks later. Mo ngo r testified that Lansa na brought a radio set wit h him when he ca me to train RUF fighters in 1991.8372 Further, the Accused himself conceded that he may have provided radi os during the NPFL coo peration period w ith the RUF. As there is no ev idence that these radios were rem oved fro m Sierra Leone after 1992, the Tria l Chamber ca n reasonab ly infer that the radios remain ed with and we re used by the RUF . While several Defence witnesses, including the Ac cused, testified that they personally, or the RUF generally, used radios that they had ca ptured in the conflict to co mmunicate,8m
x),,;; Foday Lansana. Tra nscr ipt 20 Februar y 2008. pp. 4387.452 1. X307 Foda y Lansana. Tra nscript 20 February 2008. pp. 4388-4389 .
X) I" Dauda Aruna Fornie, Tran scr ipt IDecember 2008. pp. 2 1335-2 1338. 21395-21398, 2 10.127, 21458-2 1469, 2 1476-2 1479.
X369 Perry Karnara, Tra nsc ript 4 February 2008 . p, 3028; Dauda Aruna Fomie, Transcript I December 2008 . pp. 21372-21375; Issa Sesay, Transcrip t 8 July 2010 . p. 44035 ; TFI-516. Transcript 8 April 2008, pp. 6828 -6839; Alice Pyne, Tra nscript 17 June 2008. pp. 1208 1-12084; DCT- 062. Transcript 21 April 2010. pp. 396 10-396 14; Sam Kolleh, Tran scri pt 4 November 2010. pp. 48391-4 8392; John Vincent. Transcript 2 1 April 2010, pp. 396 13 396 14. X370 See Defe nce Closing Brief. para. 979, citing Foday Lansana, Tran scri pt 25 February 2008, pp. 4658-4661. X)71 TF I-275, Tran scri pt 20 February 2008, pp. 4379-4381. 4386. xm Isaac Monger, Transcript 10 March 2008. pp. 5676-5677. X373 Charle s Ghankay Taylor. Transcript 15 Septem ber 2009. pp. 2896 4-28965; Martin George. Transcript 22 Apr il 20 10. pp, 39666-39669: lssa Sesay. Tra nscript 5 July 20 10, p. 0.1 368 0.1 : Joh n Vincent. Transcript 25 March 20 10, pp. 38043-38044: DCT-292, Transcri pt 2 June 2010, p. 41894. Witness DCT- 292's testimony that the RUF had no radios before 1994, whe n Kono was attac ked. See DCT -292. Transcript 2 June 2010 . p. 4 1894.
1299 Case No.: SCSL-03-01-T 18 May 20 12 J. OPERATIONAL SUPPORT this evidence is not dispositive of the fact that the NPFL provided radios in addition to those that might have been captured in combat.
3663. Considering all of the evidence, the Trial Chamber finds that NPFL operators, including Lansana, trained RUF fighters in radio communication, and provided radio equipment to the RUF, from which the RUF continued to benefit during the indictment period.
3664. Mongor testified that Sankoh told him that Taylor had provided a radio and radio operator, Lansana, to help set up and operate RUF communications.V" Additionally, Kamara testified that Lansana was introduced to the RUF fighters and he stated that Taylor had sent him to provide communications training to them. 8375 In light of this evidence, the Trial Chamber finds the proposition that the Accused would not have known that the NPFL had provided these operators to the RUF to be incredulous. The Trial Chamber further finds it incredulous that the Accused would not have known about the radio the NPFL provided to the RUF, particularly considering Sankoh used this radio to communicate with the Accused himself immediately after it was installed by Lansana.8376 The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that the Accused knew that the NPFL provided these radio operators and equipment to the RUF.
Findings
3665. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that the NPFL provided radio operators, including Foday Lansana, and equipment to the RUF, to train RUF fighters in radio communication. Lansana stayed in Sierra Leone following the break with the NPFL in Operation Top Final, and the RUF continued to benefit from the training and equipment provided by the NPFL throughout the conflict in Sierra Leone and during the indictment period.
3666. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that the Accused knew that the NPFL provided these operators and equipment to the RUF. contradicts the overwhelming evidence from other witnesses that the RUF was communicating by radio before this date. m4 Isaac Monger, Transcript 10 March 2008, pp. 5675-5676. ms Perry Kamara, Transcript 4 February 2008. p. 3037. ~J7(, Foday Lansana.. Transcript 20 February 2008. pp. 4362-4364. 4411.
1300 Case No.: SCSL-03-01-T 18 May 2012 OPERATIONAL SUPPORT
Satellite Phones
Sub missions of the Parties
3667. The Prosecut ion alleges that the Accused provided RUF leaders, including Foday Sankoh, Sam Bockarie, and lssa Sesay, with satellite phones which enabled the Accused to plan, facilitate and order RUF activities during which crimes were committed.V"
3668. The Defence concedes that the Acc used prov ided Bockarie and Sesay each with a satellite phone, but stated that he did so in order to fac ilitate negotiations during the peace process between the RUFfAFRC and the Sierra Leonean government.V" The Accu sed denie s that he provided Sankoh with a satellite phone. Further, the Defence contends, the RUF received sate llite phones from sources other than the Accused and thus any provision of a phone from the Acc used could not have had a substa ntial effect on the perpetration of any crim e. 8379
Evidence
Prosecution Witness Dauda Aruna Fomie
3669. Witness Daud a Aruna Fomie was an RUF radio operator.8380 Fomie testified that in early 1998 while Fomie was work ing in Buedu, Jo hnny Paul Koroma gave Sam Bockarie his first satellite phone. 838J A second phone was given to him by Tay lor, also around early 1998.8382 Forni e testified that he travelled with Bock arie to Monrovi a, and on their return Bockari e handed Fom ie a bag to carry, stating that inside was a sate llite phone given to him by Tay lor.8383
'377 Prosecution Fina l Trial Brief: paras 12, 17. 140, 142. 151, 168, 171,239, 246. 307,3 10, 3 13. 3 18, 323-324, 352 ,356,364.426.5 12,612. 1208. 1239, 1242 . 1249. ~ J78 Defe nce Final Tr ial Briel: paras 73. 97. 53 1, 538, 574. 699 . 702. 934. 96 1, 998 - 1006, 1520. H"" De fence Final Trial Brie f, paras 574. 934 . 998-1006 . H)g O Daud a Aruna Fornie, Tra nscript I December 2008. pp. 2 1376-2 1383. H.'"' Dauda Aruna Fornie, Transcript 2 December 2008. pp. 2 1511-2 1512. , ;H2 Dauda Aruna For nie , Transcript 2 Dece mbe r 2008, pp. 2 1479. 2 1510-215 12; Transcript 10 December 2008. p. 22048 .
H)X) Dauda Aruna For nie, Tra nsc ript 2 December 2008 . p. 2 J5 12.
l301 Cas e No.: SCS L-03-0 1-T 18 May 20 12 OPERATIONAL SUPPORT
3670. Bockarie used his sate llite phones most ofte n for direct communication with Benjamin Yeaten. 8m Fom ie knew that Bockarie was speaking to Yeaten on the satellite phone because he would stand close to Bockarie and hear Yeaten talking to Bockarie. Bockarie also asked Fomie to te ll Yeaten to send phone credit to him so he co uld recharge his account.8385
367 I. Fomie testifi ed that Bockarie and Yeaten were in "constant contac t" between the RUF's attack on Kono in 1992, and when they entered Freetown, in 1997. When Kono fell to the RUF, Issa Sesay sent a message over the radio and Fomie transmitted this message to Bockarie. Bockarie then ca lled Yeaten immediately on his satellite phone to inform him that Kono was under control.838b
3672.Bockarie was also in contact with Yeaten after the 6 January 1999 invasion, spea king with him two to three times a day on his sate llite phone. Bockarie wo uld ask him for adv ice, and provide reports regarding the situation on the gro und.8J87 On 7 Janu ary, King Perry sent a radio message to Bockarie that RUF troo ps in Freetow n had released politi cal prisoners from Pademba Road Prison. Fomie was present in the room whe n Bockar ie ca lled Yeaten on his satellite phone to transmit this message and ask for more ammunition.8388 After some time Yeaten called Bockarie back on his satellite phone and instructed him to bring the prisoners to Buedu, say ing these were instructions from Tay lor.8389
3673. In cross-exam ination, Fomie testifi ed that Tay lor gave Bockarie more than one satellite phone.839o Fornie also stated that the sate llite phone could not have been used to facilitate peace negotiations because Taylor gave Bockarie the satellite phone when the RUF withdrew from Kenema afte r the interventi on, and the RUF were very far off from the peace accord at the time.839 1
.m Dauda Aru na Fornie. Transcript 2 December 2008, pp. 2 1510-2 1511. •.'.; Dauda Aruna Fornie, Tra nscript 2 December 2008. p. 2 151 I. m" Dauda Aruna Fe rnie. Transcript 3 December 2008 . pp. 2 1555-2 1557. _3'1 Dauda Aru na Fornie, Transcript 3 Decem ber 2008. pp. 2 1609-2 16 10.216 14-2 16 15. '3" Dauda Aruna Fornie, Transcript 3 Decem ber 2008. pp. 2 158 1-2 1586. • 3' 9 Dauda Aru na Fornie,Transcript 3 Decem ber 2008. pp. 21584-2 1588; Transc ript 10 December 2008. pp. 22 109-221 12.
' .'90 Dauda Aruna Fer nie, Transcript 10 Decem ber 2008, p. 22048 .
" 9 1 Dauda Aruna Fer nie. Transcript 10 Decem ber 2008 , pp. 220 50-22051.
1302 Case No.:SCSL-03-0 1-T 18 May2012 OPERATIONAL SUPPORT
Prosecution Witness Vannuvan Sherif
3674. Witness Vannuya n Sherif was a memb er of Taylor 's Special Security Service (SSS) du ring the operative time period. 8392 She riftesti fied that in early 1998, Taylor instru cted him to travel to Sierra Leone and bring him Sa m Bockarie, but did not ex pla in his reasons for doing SO .839.1 Sher if thereafter travelled to Sierra Leo ne, found Bock arie and brought him back to Liberia to meet with Taylor.8394
3675. Following his meeting with Tayl or, Bockarie thanked Sherif for makin g it possible for him to meet Taylor, and said he would nev er forget him.839 5 He told Sherif that Taylor gave him money and a satellite phone, and showed She rif the money and the satellite phone that Taylor had given him .8396
Prosecution Witness Moha med Kabbah
3676. Witness Mohamed Kabb ah was an RUF radio operator durin g the operative time period .8397 Kabb ah test ified that the first time he saw an RUF member with a satellite phone was at the end of 1995 or beginning of 1996, when he saw Foday Sankoh with one j ust before Sanko h left: for the Abidjan peace talks. Kabbah sa id that Sa nkoh received this phone from Dr Addai Sebo.8398 The witness agreed that the sate llite phone was given to Sankoh so that he could co ntact people wh ile he was in Abidjan.8399
3677. Kabbah also testi fied that in approxim ately September 1999, Sam Bockari e returned from a trip to Monrovia with a satellite phone that Kab bah did not believe he had before he went.8400 Kabb ah did not know who gav e the satellite phone to Bockarie.F' "'
S.1'>1 Vann uyan Sherif, Transcript 9 January 2008 . p. 8 12. ~m Varmuyan She rif, Transcript 9 January 2008 . pp. 826. 828-829.
1303 Case No. : SCSL -03-0 1-T 18 May 20 12 OPERATIONAL SUPPORT
3678. Durin g the Free tow n Invasion, Bockarie wo uld communicate with Taylor by satellite phone, and he did so in pUbli c. 8~ o 2 In one instance, Bockarie told the ope rator on duty, Tiger, to inform the operator Su nlight that he wanted to tal k to Taylor. Bockarie then drove with the witness and others to the MP headquarters in Buedu where the sate llite co uld get reception, and Bockarie spoke with Taylor on the ph one . 8 ~ o 3 The witness heard Bock arie say that his men had entered Freetown, and were a d va n ci ng. 8~ o~
Prosecution Witness Jabaty Jaward
3679. Witn ess Jabaty Jaward testified that he was a member of the RUF, and worked in Sam Bockaries home in Buedu from approx imately February or March 1998 to December 1 999 . 8~o 5 At this time, he witnessed Bock arie co mpar ing two satellite phones. Bockarie told Jaward he was co llected by Varmuyan Sherif and brought to Mo nrov ia, where Taylor gave him one of the satellite phone s. Jaward did not know how Bockarie obtained the other satellite phone.8 ~0 6
3680. Because of his position in Bock arie's house, Jaward overhead many of Bockarie's co nversations on the satellite ph on e . 8 ~ o 7 Jaward was responsible for chargi ng the batteries to the satellite phone. In approxi mately 1998 to 1999,Bock arie told Jaward that he had discu ssed the Guinea ns' attack on the RUF via satellite phone with Taylor.8408
Prosecution Witn ess TFl-585
368 1. Witn ess TF 1-585 testified that she was a radio operator for Sam Bockarie in Buedu at the end of 1 9 97 . 8 ~ o 9 The witness testified that while in Buedu, she saw Bockarie with a satellite phone, but she did not know who gave it to Bockar ie.8410
~ 4Ul Mohamed Kabbah, Transcript 15 September 2008. p. 16173: Transcript 16 September 2008. PI'. 16327 16328. ' 4'1> Mohamed Kabbah, Transcript 15 Septem ber 2008. PI'. 16176-16178.
<4U4 Mohamed Kabbah, Transcript 15 September 2008. p. 16178. ~4U5 Jabaty Jaward. Tran script 10 July 2008. pp. 13383. 13390- 13397: Tra nscript 16 Ju ly 2008. 1'. 13845. ~ 4 ()(; Ja baty Jaward. Transcript 10 July 2008. pp. 13382. 13422-13423.
<4U7 Jabaty Jawa rd. Transcript 16 July 2008. 1'1'. 13815-13817.
' 4U' Jabaty Jaward. Tran script 10 Ju ly 2008 . PI'. 13418. 13·121-13424. ' 4M TF I-585 . Transcript 5 September 2008 . PI'. 15608-15610. ~ 4 1U TFI-585. Transcript 9 September 2008, 1'1'.1 5861-15862.
1304 Case No. : SCSL -03-0 1-1' 18 May 20 12 OPERATIONAL SUPPORT
3682 . Benjamin Yeaten and Bockarie wo uld often ta lk on the rad io abo ut Dani el Tarnba 8411 (a.k.a. Jun gle) bring ing arms, ammunition, food, c lothing and other supplies to Buedu. If there was any thing more importa nt than th at, Yeaten wo uld instruct Bockarie to sw itch on 8412 the satellite phone. The witness knew the co ntent of these co nve rsations because he was present when Bockarie would discuss them with the senior offi ce rs after they happened.Y' :'
3683. In the begi nning of 1998, the witness saw Bockarie ta lking on his satellite phone and then was present when Bock arie related his phone con versation to Eddie Kanneh. Bockarie stated that he had spo ken to Yeaten, w ho had instructed him to bring Johnn y Paul Korom a to Buedu because "they [had] so met hing for them". Yeaten told Boc karie that this was an 8H 1 8415 instruction from Tay lor. Kororna was then brou ght to Buedu.
3684. Around 9 Ja nuary 1999, during the attack on Freetown, Bockarie used his sate llite phone to inform the BBC that A lex Tarnba Brirna (a .k.a. G ullit) and his men wo uld be in 8416 Freetown within three days' time. Just after thi s anno uncement, the witness heard the rad io operator on du ty receive a call from Yeaten' s operato r Sunlight, as king them to find Bockarie so that he co uld speak with Yeaten.841 7
3685. Bockarie ca me to the rad io, and the witness heard Yeaten tell Bockarie that if what he heard on the BBC was true, Bockarie should ex pec t Yeaten to co me to Buedu in two days' time. He told him to sw itch on his satellite phone because " my father", whom the witness understood to be Taylor, "would want to talk to yo u". Bockarie went directly to the veranda w here the satellite phone was located and spo ke on the phone.The witness was not present for thi s co nve rsa tion . She also testified that she was present when Yeaten ca me to 8418 Buedu two days late r.
X./ i l TF 1-585, Transcript 8 Septemb er 2008, pp. 15652-15654 . xm TF 1-585. Transc ript 8 September 200 8. pp. 15652-15654. 15657. xm TF I-585 . Transcri pt 8 September 2008 . pp. 15654-15657. X./ i . TF 1-585, Transcript 5 September 2008. pp. 156 10-156 15: Tra nscript 10 Sep tember 2008. p. 1591 I. X_15 TF I-585. Transcr ipt 5 September 2008 , p. 15616.
X. l h TF 1-585. Transcri pt 8 September 2008. pp. 15717-1 5719. xm TF I-585. Tran sc ript 8 Sept ember 2008. pp. 15720-15721. xm TF 1-585 . Transcri pt 8 Sept ember 2008 . pp. 157 19-15724.
1305 Case No.: SCSL-03-0 1-T 18 May 20 12 OPERATIO NAL SU PPORT
Prosecution Witness Perry Kamara
3686. Witness Perry Kamara, an RUF radio operator durin g the operative peri od, 84 19 testified that in approximate ly 1994 or 1995 Dr Addai Se bo brought a sate llite phone to Foday Sankoh.X42 o Sanko h used this phone to communicate with Taylor, and then Sankoh wo uld transm it messages co ncerning what he discussed with Tay lor to RUF comma nde rs at 8421 RUF field radio stations.
3687. Issa Sesay took over as acting leader of the RUF eac h time Bockarie visited Taylor 8422 in Liberia, and also when Sanko h was arrested in Freetow n in May 2000 . During these times, Sesay had a sate llite phone on which he would communicate with Taylor, and wo uld transmit messages co nce rning his talks with Tay lor to all RUF comma nders at RUF fie ld 8423 stations.
8424 3688. Kamara testified that Bockarie had a satellite pho ne in 1998 or [999, in Buedu . Around April or May 1998. Bockarie requ ested Den is Mingo (a.k.a. Supe rman) and Kamara to travel to Buedu for a meeting. Kamara participated in a meet ing at Bockarie's house along with Mike Lam in, Isaac Monger,Mingo and " Pa" or SYBRogers. Bockarie showed those present a pile of arms and ammunitio n, commercial radios, and a sate llite phon e. and told them that Tay lor had provided these materi als in return for diam onds sent to him by the X4 25 RUF. Bockarie then discussed with the men a plan to recapture Sierra Leone. Messages 8426 that Bockarie received on the phone would be transmitted to all RU F stations.
Prosecution Witn ess Kannoh Kanneh
3689. Witness Kannoh Kann eh was an RUF member und er the direct comma nd of Foday 842 San ko h during the operative time period. ? In early December 1996. Kanneh we nt to a
W9 Perry Kamara, Transcript 4 February 2008. p. 3039. ,un Perry Kamara. Transcript 4 February 2008, pp. 3053-3054, 3057-3058. Kamara referred to Dr Addai Sebo as "D r Simbo", but owing to the witnesses' description ofthis person the Trial Chamber accepts that he is referring to Dr Sebo. 'HI Perry Kamara, Transcri pt 5 February 2008. p. 3082. ,m Perry Kamara, Tra nscript 5 Febr uary 2008. p. 3083. ,m Perry Kamara, Transcript 5 February 2008. p. 3083 . ,m Perry Kamara, Tran script 5 February 2008. p. 3082; Transcript 7 February 2008 . p. 3332. 'm Perry Kamara, Transcript 5 February 2008. pp. 3159-3 164. ' ~ 2 6 Perry Kamara, Tra nscr ipt 7 February 2008. pp. 3332-3333 . ' m Karmoh Kanneh, Tra nscript 8 May 2008. pp. 9354-9355 .
1306 Ca,e No.: SCSL-03-0 1-T 18 May 20 12 41jOO OPERATIONAL SUPPORT meeting at Sankoh's house for an officers' meeting.8428 Sankoh was present, along with Sam Bockarie, Issa Sesay, Daniel Tamba (a.k.a. Jungle), Abubakkarr, Francis Oscar Charles, Jackson Swaray and the witness. Sankoh gave Bockarie a satellite phone and told them he was going on a political tour, but they should take their orders from Bockarie.8429
3690. Kanneh also testified that in May 1997, he conducted a mission to capture Tongo Field. When he later reported to Bockarie, Bockarie thanked him for successfully completing the mission. Kanneh then heard Bockarie call Taylor on a satellite phone and inform him that they had captured Tongo Field. Kanneh could hear Bockarie's side of the conversation, and could hear Taylor on the other side of the phone thanking Bockarie "a lot".8430
3691. The witness also testified that around this time period. Bockarie called the witness, Jungle and Lion to his house in Tongo and thanked them for the diamonds that they had mined for him. Bockarie then called Taylor on a satellite phone and told him of the work that had been done. Kanneh could hear that Taylor thanked Bockarie, and told him to hand 843 the diamonds over to Jungle, who would transport them to Liberia. !
3692. Kanneh also testified that he attended a second meeting at Bockarie's house in December 1998. which occurred after Bockarie travelled to Burkina Faso and returned with materials and arms. 8432 Those present included Bockarie, Issa Sesay, Daniel Tamba (a.k.a. Jungle), Eddie Kanneh, Major Francis, Matthew Barbor, Junior Vandi, Gbessay Gbobah and 8433 the witness. At this meeting they discussed their plan to take power in Sierra Leone, by attacking Kono and Makeni and then capturing Freetown.8434 If they met President Kabbah at the State House, they were to kill him. 8435 After this meeting, Bockarie and the others briefed President Taylor by calling him on Bockarie's satellite phone. All the participants
8428 The witness testifies that this meeting occurred upon Sankohs return from signing the Abidjan Peace Accords. Karmoh Kanneh, Transcript 8 May 2008. p. 9354. which were signed on 30 November 1996. Exhibit 0-087, "Peace Agreement between the Government of the Republic of Sierra Leone and the Revolutionary United Front": Decision on Judicial Notice. Annex A. Fact O. R429 Karmoh Kanneh, Transcript 8 May 2008. pp. 9356-9359. wo Karmoh Kanneh, Transcript 8 May 2008. pp. 9369-9371. WI Kannoh Kanneh, Transcript 8 May 2008. pp. 9380-9382. 8432 Karmoh Kanneh, Transcript 9 May 2008. pp. 9416-9419.
8433 Karmoh Kanneh, Transcript 9 May 2008. pp. 9418-9420, 9425.
8434 Karmoh Kanneh, Transcript 9 May 2008. pp. 9423-9427. 8435 Karmoh Kanneh, Transcript 9 May 2008. pp. 9430-9431.
1307 Case No.: SCSL-03-01-T 18 May 2012 4<1:)O-.L OPERATIONAL SUPPORT were presen t as Bockarie told Taylor that he had implem ent ed the plan Taylor had given to him in Mo nrovia. Kann eh knew that Bockarie was spea king to Tay lor becau se he anno unced this to the group.84 36
Prosecut ion Wit ness Abu Keita
3693. Witn ess Ab u Ke ita wa s a form er ULI MO tig hter who was asked by Benjamin Yeaten to j oin the RUF in Sierra Leone in September 1998.8437 Keita testified that in September 1998, he went to a me etin g at Yea ten's home with Joseph Marzah (a. k.a. Zigzag),8438 Sampso n, Dani el Tamba (a .k.a. Jungle,) Sam Bockarie, Edd ie Kann eh, and others. During that mee ting, the wi tness saw Bockarie with a satellite phone whic h he said 8439 had been give n to him by Yeaten. The satellite phone calls we re paid for by Yeaten, who 8440 wo uld send "top up cards" to Bockar ie.
3694. The w itness also testified that during the attac k on Free town, the witness and Bockar ie we re in Buedu. Bockarie ca lled the BBC on his satell ite phone and stated that the 8441 RUF were approaching the State Hou se. Bockarie then ca lled Yeaten and Joseph T uah on the satellite phone, and Bockarie told the wit ness he was reporting to them on the status of . 8442 tIi e operat ion.
3695. The w itness also testified that in May 2000, "after Bock ari e's reg ime", Sankoh ordered that Issa Sesay should be in charge o f the RUF. Sesay tra velled to Liberia and returned with a satellite phone, which Sesay sa id was give n to him by Tay lor.8443
Prosec ution Witn ess Dennis Koker
3696 . Witness Dennis Koker, an AF RC tig hter,8444 testified that he was presen t in Ko idu in Marc h 1998 when it was captured by the RUF. Kok er saw Jssa Ses ay in the ce ntre of Ko idu
' ~ ) 6 Karmoh Kanneh. Transcript 9 May 2008 . pp. 9433·9437: Transcript 13 May 2008. p. 972 8.
8'37 Abu Keita, Transcript 23 January 2008, pp. 1967·1 969. ,m The witne ss spells Marzah's name as "Marzhar' and then refers to him as "Mazhar". but also states tha t he was a special services officer an d his nickname was " Zigzag" . Tran scri pt 23 Ja nuary 2008 . p. 1967. The Trial Chamber is co nv inced that the witness was referring to Josep h Marzah. w o Abu Keita, Tran script 23 January 2008 . pp. 1967·1 969. 1974. •~~o Abu Keita, Tran script 23 Ja nuary 2008. pp. 20 18·20 19.
' H I Ab u Keita, Tra nscript 23 January 2008 , pp. 20 19·2020. ,m Abu Keita, Transcript 23 Jan uary 2008. pp. 2020· 2022. W) Ab u Keita, Tra nscript 23 Jan uary 200 8. pp. 2019.203 1-2032 .
1308 Case No. : SCSL·03-0 1-T 18 May 20 12 J. OPERATIONAL SUPPORT
near the mosque with a satellite phone. Koker heard Sesay say "M aster, Kono is under our co ntrol", and Koker believed that he was spea king to Sa m Bock arie , because he called him Master.8445
Prosecution Witness TF I-37 1
3697. Witness TFI-371, an RUF member,8446 testified that in March 1997, Foday Sankoh 8447 had two satellite phone s.
3698. The witness also testified that in late 1998 or early 1999, he was present at a senior officer's meeting at Sam Bockaries residence in Buedu attended by most of the senior 448 co mmanders of the RUF .8 Halfway through the meeting, a few seni or leade rs had lunch with Bock arie in his bedroom . Bockarie went outside and spoke on a satellite phone for ten to fifteen minutes. When he returned, he stated that he had been on the satellite phone with "the Pa", whom the witness understood to be Taylor. Bockarie said that Taylor had given direct instructions for O peration No Living Thing, a mission to capture Freetown. Taylor instructed Bockarie to execute any fighter contestin g his command or authority for this operation. In addition, no enemy forces should be ca ptured, but only eliminated. He then informed the rest of the attendees at the meetin g about the operation .8449
3699. While the witness and Bockarie were in Buedu, Bockarie communicated with Liberia primarily through his satellite phone, which he said Taylor had given him. 8450 During the Junta and in 1998 and 1999, Bockarie transmitted information on RUF acti ons to Taylor over satellite telephone.t' "
3700. The witness disagreed that a satellite phone was made available to Bockarie and Sankoh for the purp ose of facilitating peace negotiations. The witness testifi ed that a satellite phone was given by the American ambassad or to Sankoh in Lome, and that with regard to
W~ Dennis Koker. Transcript 15 January 2008, p. 1236.
W 5 Dennis Koker. Transcript 15 January 2008. pp. 1239-1240. x ~ ~" TFI-371. Transcript 29 January 2008. pp. 2555-2556 tCS). xw TFI-371. Transcript 25 January 2008. pp. 2282-2284 (CS). x... TFI-371. Tra nscript 28 January 2008, p. 24 10 (CS) . xm TFI -37L Transcript 28 January 2008. pp. 24 12-24 14 (CS). ' ~ 5 0 TFI-371. Transcript 28 January 2008. pp. 243 1-2432 (CS). ' ~5 1 TFI-371. Transcript 29 January 2008. pp. 2452 (CS).
1309 Case No.: SCS L-03-0 I-T 18 May 2012 OPERATIONAL SUPPORT the phone Tay lor gave Bockarie, Bockarie did not use it to talk to any me mbers of the Co mmittee of Five on that phon e, other than Tay l o r. 8~ 5 2
Prosecut ion Wit ness TF 1-5 16
370 1. Witness TF I-5 16 was an RUF radio operator from 1994 to 1999.8453 TF I-5 16 testified that in Novembe r or December 1996. Foday Sankoh left to attend peace talks in Yarnmassoukro. Zedrnan returned from Yarnassouko with a new satell ite phone and fax machine purchased by Sa nkoh.8~54
3702. The wit ness first saw Sa m Bockarie wit h a satellite phone in Kenerna du ring the Junta period in 1997. Bockarie later told the wit ness that he had received a phone from his "chief" in Liberia. The one Bockarie had ow ned prev iously had bee n blocked beca use he 8455 was not paying his bills. Bockarie and Benjamin Yeaten wo uld speak over a sate llite phone, and then Bockarie wo uld tran smit messages conce rning these con versation s via the radio to the fro ntlines .8456 After speaking over the phon e with Tay lor, Bockarie wo uld tell those aroun d him , inc luding the witness. about the co nve rsation.Y"
3703. During the Freetow n Invasion, Bockari e spoke with radi o ca ll sign 020 , which was at Taylor' s Executive Ma nsio n, on his satellite pho ne. Following this conve rsation, Bock arie told Alex Tarnba Brim a (a.k.a. Gull it) over the radio to instruct his men to bum down areas in Freetown, including government bu ildings, in order to attract the interest of the ..I. 84 58 mternationa cornmumty .
Prosecution Witn ess Jose ph Marzah
3704. Witness Joseph Marzah, (a.k.a. Zigzag), an SSS member,8459 testifi ed that he was at a night club with Sa m Bockarie when Bockarie received a phone ca ll on his satellite phone concerning an ammunitio ns shipment that had ar rive d. Marzah and Bockarie went to White
Wl TF 1-371. Transcript 3 1 January 2008. pp. 2788-2790 (CS). xm TF I-5 16. Transcript 8 April 2008. pp. 6828 -6839: Transcript 14 April 2008, pp. 7456-7457. '.5. TF I-5 16. Tra nscri pt 8 Apri l 2008 . pp. 6842-6843. • • 55 TF I-516. Transcri pt 8 Apri l 2008. pp. 691 1-6912. 69 17.
• • 5(, TFI -516, Transcript 8 Apri l 2008. pp. 6920-6924 . W 7 TF 1-516. Transcri pt 8 Apri l 2008 . p. 6924.
'N TFI-516. Transcript 9 April 2008. p. 6977 . x.w Joseph Marzah. Transcript 13 March 2008. pp. 6053-6055 .
1310 Case No.: SCSL-03-0 1-T 18 May 2012 OPERATIONAL SUPPORT
Flower, w here they met with Benjamin Yeaten, Joseph T uah and Pete r Saikpedeh, who co nfirmed the arrival of the ammunition.t'?" The witness did not specify the date of this incident.
Prosecutio n Witness TF 1-168
3705. Witness TF I- 168, an RUF member.t"" was arrested by Sam Bockari e in March 1997. 8462 The witness testi fied that whil e he was detain ed in Bunurnbu, Bockarie came to visit and to ld the detainees that Amara Essy had expressed concern about their fate. Bockarie set up a sate llite phone so that the Exte rnal Delegates co uld speak to Essy over the phone.8463
The Accused
3706. The Acc used acknow ledged that he gav e Sam Bock arie a sate llite phone in October 1998. 8464 The Accused deni ed, however, giving Bockarie more than one phone.8465
3707. The Accused also ac knowl edged that he met with Bockar ie in Liberia in September 1998, but den ied that Varmuyan Sherif was present. or that he gave Bockar ie a satellite phone at this tim e.8466 The Accuse d testified that when Bockarie first came to Liberia, he a lready had a satellite phone that the Acc used be lieved Sanko h had given him.8467 It was on Bockaries second trip to Liberia to meet with him , in October 1998, that he gave Bockarie a satellite phone, and only did so in ord er to facilitate the peace process, so that he and the other mem bers ofthe Co mmittee ofFive could contact Bockarie.8468
• • 60 Joseph Marzah. Transcript 12 March 2008. pp. 5860-5861, 5884-5886. '.'1TFI - 168. Transcript 22 January 2009. pp. 23275-23282 (CS). W ,2 TFI-168. Transcript 22 January 2009. pp. 23320-23322 (CS).
' 4') TF I-168. Transcript 22 January 2009. pp. 23362-2 3364 (CS): Transcript 26 January 2009. pp. 23529-23532 (CS). TFI-1 68 testified that Amara Essy was the foreign minister of Cote d'I voire. See TF I- 168, Transcript 21 January 2009, pp. 23256-23257( CS). • 464 Charles Ghankay Taylor. Transcript 12 August 2009. pp. 26663·26664; Transcript 16 September 2009. pp. 29006.29203: Transcri pt 17 September 2009. pp. 29282-29283: Transcript I October 2009. p. 30 143: Transcript 27 October 2009. p. 30449: Transcript 25 November 2009. p. 32466: Transcript 18 Janua ry 2010. pp. 33455 33456: Transcript 27 January 20 10. pp. 34294- 34295. W ,5 Charles Ghankay Taylor. Transcript 17 September 2009. pp. 29282- 29283 . ,."" Charles Ghankay Taylor, Transcript 3 August 2009. pp. 25807. 258 12-25814 :Transcript 29 October 2009 , pp.30751-30753. W ,7 Charles Ghankay Taylor. Transcript 6 August 2009. p. 26208 .
W " Charles Ghankay Tay lor. Transcript 17 September 2009. pp. 29282-29283: Transcript 25 November 2009.
1311 Case No.: SCSL-03-0 I-T 18 May 20 12 41-30 5 OPERATIONAL SUPPORT
3708. The Accused den ied that he spoke with Bockarie on a satellite phone on the night of the Freetown Inva sion. The Accused stated that in 1999, he was very busy deal ing with 8469 peace negotiations and so would not have had time to talk. The Accused also denied that senior members of his regime were in contact with Bockarie via sate llite phone during the 847o Freetown Invasion , because the y would have no reason to be.
3709. The Accused testified that he gave Issa Sesay a satellite phone in 2000, after Sesay 8471 had been made acting commander of the RUF. TIle Accused denied, however, providing Foday Sankoh with a satellite phone, testifying that Sankoh received a satellite phone when he went to Abidjan,8472 Finally, the Accused denied speaking with Bockarie when the RUF was under attac k by Guinea, stating that he never spoke to Bockarie on his satellite 8473 phone.
Defence Witness John Vin cent
3710. Witness John Vincent, an RUF member, testified that he did not understand much abo ut the Lo me Peace Acc ords, but said that Dr Addai Sebo intervened to help bring about 84H peace in Sierra Leo ne, and at one point Dr Sebo gave Foday Sankoh a satellite phone.
37 11. The witness heard that Sam Bockarie first went to Monrovia in Augu st or September 1998 and then returned on a sec ond trip, when Taylor gave him a Guesth ouse and a satellite phone.8475
pp. 32464-66: Transcript 18 January 20 I0, pp. 33452-33457.
W,O Charles Ghankay Taylor, Transcript 16 September 2009, pp. 29 106-29 108: Transcript 22 September 2009 , p. 2940 1. wo Charl es Ghankay Taylor, Transcript 22 Septem ber 2009, pp. 29395-29396. W I Charles Ghankay Taylor. Transcript 12 August 2009, p. 26664: Transcript 22 September 2009 . p. 29392: Transcript 16 November 2009. p. 3 1657: Transcript 27 January 20 10. pp. 34293-34294: Transcript 28 January 20 10, pp. 34306-343 10. The Trial Chamber notes that at one point in his testimony Tay lor denied giving Sesay a satellite phone. Charles Ghankay Tay lor, Transcript 16 September 2009, p. 29006, but then recanted and said he had been mistaken. and that he did give a phone to Sesay, Transcript 28 January 20 10. pp. 34309-34310. W 2 Char les Ghankay Taylor, Transcript 12 August 2009. pp. 26663-26666: Tra nscript 16 September 2009, p. 29006: Tran script 27 October 2009. pp. 30425-30426 . xm Charles Ghankay Tay lor, Transcript 26 October 2009, pp. 30269-30271. xm John Vincent, Transcript 26 March 20 10, pp. 38142-38 144. W5 John Vincen t. Transcript 26 March 20 10. pp. 38 I42-38144 .
1312 Case No.: SCSL-03-01-T 18 May 20 12 OPERATIONAL SUPPORT
Defence Witness Fayi a Musa
37 12. Witness Fay ia Musa, a member ofthe Externa l Delegat ion and an ag ricultural officer in the RUF.8m testified that during the peace talks in Abidjan in 1996. Foday Sanko h received a satellite phone as a gift fro m Omrie Golley, a Sie rra Leoneo n lawyer based in Londo n. Sa nkoh then sent the sate llite phone with Danie l Ta mba (a.k.a. Jung le) to Sa m Bockarie in Sierra Leone. As far as the witness was aware this was Bockarie' s first satellite phone.8477
37 13. Musa, as a member of the External Delegation , was arrested by Sam Bockarie in March 1997.8478 While the witness was detained in Bunumbu, some time between May 1997 and February 1998, Amara Essy , the Foreig n Minister from Co te dIvoire, sent Bockarie a satellite phone. Essy ex plained to Bockarie that the international co mmunity wa nted him to ensure the prisoners' sec urity, and Bockarie put each of the prisoners on the phone to speak with Essay.8479
Defence Witness [ssa Sesay
37 14. Witness Issa Sesay, a senior RUF commander.Y'" testified that Dr Sebo met with Foday Sankoh in Zogoda in March or April of 1995. Dr Sebo brought with him a sate llite phone, and left the phone with Sa nko h after the visit. This was the first time Sa nko h had a 848t satellite phone.
3715. Sesay also testified that Bock arie first received a satellite phone in October 1998 dur ing his second visit to Taylor in Liberia. Bockarie obtained his second sate llite phone in
xm. Fayia Musa , Tra nscript 14 April 20 10. p. 38949; Transcript 19 April 2010, p. 39283. W7 Fayia Musa, Tra nscript 14 Ap ril 2010 . pp. 39026-39027; Transcript 16 April 20 10, p. 39181 ; Transcri pt 20 April 2010, pp. 3944 1-39442. See also Fayia Musa, Transcript 14 April 2010 , pp. 3896 5-38966 (where Musa testifies that Om rie Golley was a Sierra Leonean lawyer based in London). xm Fayia Musa, Tran script 15 April 2010, pp. 39 117-39 118. xm Fayia Musa, Transcript 15 April 20 10, p. 39 133. See Fayia Musa, Transcript 14 April 20 10. pp. 38953 38954 (where Musa testifi es that Amara Essy was the Foreign Minister of Cote dTvoire. involved in peace negotiations in 1995).
X.j xu Issa Sesay, Transcri pt 26 Ju ly 20 10. pp. 44590-44591, 44596 .
X.j XI lssa Sesay, Transcript 6 July 20 10, pp. 43715-43717: Transcript 17 August 20 10, pp. 464 72-4647 3. Sesay refer red to Dr Addai Scbo as "Dr Sebo ", but owing to the witnesses' description of this person the Trial Chamber accep ts that he is referring to Dr Se bo,
1313 Case No.: SCS L-03-0 1-T 18 May 2012 J. OPERATIONAL SUPPORT
1999 fro m a Ca nad ian businessman named Ca rlos. Bockarie's third satellite phone came 8482 from Miche l and Louis, Belgian businessmen, brought by Ibrah im Bah .
37 16. Sesay received a sate llite phone from Sankoh in January 2000, after Bockarie resign ed fro m the RUF. The Witn ess could only receive ca lls and not mak e them because 8483 the phone did not have any credit. Sank oh was the only pers on to ca ll him on this phone.
3717. Sesay testified that he received a sate llite phone from Taylor in Oc to ber 2000, after he escorted the RUF delegati on to the Abuja peace talk s. Sesay was in a meet ing with five heads of state, inclu ding Tay lor, and told them that he was unable to ma ke ca lls with his sate llite phone. President Obasanjo, of Niger ia, stated that if Sesay was w illing to work with 8484 them , they wo uld provide him with a sate llite phone. Sesay returned to Monrovia in October 2000. On that trip Sesay visited Taylor at White Flower and received the satellite PItone promise. d to I'11m.8485
8486 37 18. Sesay testified that he never spo ke with Taylor on either of his sate llite phones . When he started working with UNA MS IL, he used the phone Tay lor gave him to call "General Opande and the others" and discuss Ab uja II meetings . He also used this phone for persona l phone ca lls to the RUF Guestho use in Mo nrovia, Gibril Massaquoi, or Ibrahim 8487 Bah.
Defence Witn ess lsatu Kall on
3719. Witness Isatu Kallen, a business wo man who arranged supplies for the RUF,8488 testified that contrary to Perry Kamara' s testimony, which indi cates that Foday Sanko h
Rm Issa Sesay, Transcript 8 Ju ly 2010, pp. 44038-44040 .
R.s3 lssa Sesay, Tran script II August 2010, pp. 46054-46055 : Transcri pt 14 July 20 10, pp. 44485-44488: Transcri pt 23 August 20 IO. p. 46909-46910. w , Issa Sesay. Transcript 8 Ju ly 20 IO. pp. 44042-44043: Transcript 25 October 2010. p. 47172. W 5 Issa Sesay, Transc ript 30 July 20 IO. p. 45094:Transc ript 23 A ugust 20 IO. p. 46909. Th e Tr ial Chamber notes that Sesay first testifi ed that his meet ing with the five heads of state occurred in November 2000 and that he received the satellite phone promised to him afte r this meetin g. Issa Sesay, Transcript 8 Jul y 20 10. pp. 4404 2 44043. He later testified that he recei ved the sate llite phone from Tay lor whi le travel ing to se ll diam onds in Liberia in October 2000. lssa Sesay, Transc ript 26 Ju ly 20 10. pp. 445 75-44576: T ranscript 25 August 2010. p. 47 170: Tran script 26 August 20 10. p. 4 7222-4 7223:
R'Rh Issa Sesay, Transcript 8 July 20 10, pp. 44040-4 4044: Transcri pt 26 Ju ly 2010. p. 44605.
RW Issa Sesay, Transcript 25 A ugust 20 IO. p. 471 70-47 172: Transcript 26 A ugust 20 I0, p. 47224. Rm Isatu Ka llon. Transcript 16 June 20 10, pp. 42687-42688.42708: Transc ript 17 Jun e 20 IO. pp . 42733-42735. 42759-42760.42807.
1314 Case No. : SCSL-03 -0 1-T 18 May 2012 OPERATIONAL SUPPORT received a" satellite phone from Dr Addai Sebo when he passed through RUF territory, she took Dr Seb o into Sierra Leone but never saw him w ith a satellite phone.8-1 89
Defence Exhibit 0-205
3720. Defence Exhibit 0 -205 is a commercial invoice for a satellite phone. The document lists the "consignee" as "C hairman Foday Sankoh" and his address as care of Paul o Bangura at the Cape Sierra Hotel in Freetown. The date reads "10/711999", and there is no sender listed.8-I90 When show n this document, Taylor stated several times that he did not provide Sankoh with a sate llite phone, and does not know the document's origin. 8-19 1
Defence Ex hibit 0-467
372 1. Defence Ex hibit 0-467 is a letter. on RUF letterhead, from Gibril Massaquoi,8-192 RUF spokesman. to President Olu segun Obasanj o, of Nigeria. dated "411 0/2000" . Mas saquoi reminds President Obasanj o, "as per our last discussion in Monrovi a". to send him and Issa Sesay each a satellite phon e to facilitate daily communication with the President and other ECOWAS leaders. Massaqu oi asks that the phones be sent to him and Sesay through Taylor, stating that there were many issues they want to co mmunicate to the President dire ctly but could not do so becau se they had no satellite phone s.8-1 93
Deliberations
3722. It is undi sputed that the Accused gave Sam Bockarie a satellite phone in October 1998.8-194 The Defence submits that this phone was for the purpose of facilitating
. 4.9 lsatu Kallon, Transcript 22 June 20 IO. pp. 43095- 43097. Kallon referred to Dr Addai Sebo as " Dr Simbo", but owing to the witnesses' descript ion of this person the Trial Chamber accepts that she was referrin g to Dr Sebo. • 4'1<' Defence Exhibit 0 -205. " Invoice for Purchase of Satellite Phone for Chairman Foday Sankoh, July 10 1999 - DCT-168·· .
, ....J1 Charles Ghankay Taylor. Tra nscript 12 August 2009. pp. 2666 1-26663 .
• 492 In Defence Exhibit 0 -467 his name is spelled Gibril Massakhoi.
' 493 Defence Exhibit 0-467 (Letter from Gibril Massakhoi, RUFSpokesman to His Exce llency President Olusegun Obasanjo. Federal Republic of Nigeria. October 4 2000 - (0002 6024 - 00026025» CMS 302 19-30220.
• 4" 4 See Defence Final Trial Brief, paras 97. 574. 934. 100 I. 1005. 1520. Several Prosecution and Defen ce witne sses testified that Tay lor provided Bockarie with a sate llite phone. Dauda Aruna Fernie, Transcript 2 Decemb er 2008. pp. 2 1479. 2 1510-2 1512: Transcript 10 Decemb er 2008, p. 22048: Jabaty Jaward, Transcript 10 July 2008, pp. 13382-13383. 13422-13423; TFI-371, Transcrip t 28 January 2008, pp. 243 1-2432 (CS): Charles Ghankay Taylor. Transcript 12 August 2009. pp. 2666 3-26664 ; Transcript 16 September 2009. pp. 29006. 2920 3; Transcript 17 Septem ber 2009. pp. 29282-2928 3: Transcript I October 2009, p. 30 143: Transcript 27 October 2009, p. 30449; Tra nscript 25 November 2009. p. 32466: Transcript 18 January 20 IO. pp. 33455-33456:
1315 Case No.: SCSL-03-0 1-T 18 May 2012 OPERATIONAL SUPPORT negot iations during the peace process. The Prosecution proffered sev era l witnesses who testified that Bockarie lIsed a satell ite phone to communicate with the Acc used, Benjamin Yeaten, the intern ational press and othe rs with regard to RUF/AFRC actions.
3723. TF I-37 1 testified that at an RUF office rs' meeting in late 1998 or early 1999. he witnessed Bockarie spea king on a sate llite phon e, telling those present afterwa rds that he had been speakin g to the Accused, and relayin g instructions from the Accused for the 8 195 Freetown Invasion. . Mohamed Kabbah testi fied that during the Freetown Invasion he witnessed Bockari e ca ll Taylor on a satellite phon e and tell him that the RUF had advanced to Freetown.8496 TF 1-5 16 testified that he heard Bockarie use his satell ite phone to ca ll the Executive Mansion. at 020, during the Freetown Invasion.8497 Abu Keita similarly testified that during the Freetow n Invasion he witnessed Bockarie use his sate llite phon e to info rm the BBC that his men were at the State House, and to give Benjam in Yeaten and Joseph Tuah an upd ate on the operation.8498 The Trial Chamber recalls that it had no general reservations concerning the testimonies of TF 1-37 1, Mo hamed Kabbah , TF 1-516 or Abu Keita.8499
3724.Dauda Aruna Fornie testi fied that afte r the invasion of Freetow n, he witness ed Bockarie ca ll Yeaten on his sate llite phon e to inform him that the RUF had released prisoners from the Pademba Road Prison , and to as k for more ammunition. Yea ten later called Bockari e back on the satellite phon e and instructed him to bring the prisoners to Buedu, on the orders of Taylor.850o TF 1-585 testified that on 9 January 1999, she saw Bockarie use his satellite phone to inform both the BBC and Yeaten that his men wo uld be
Transcript 27 Ja nuary 20 10. pp. 34294-34295: Jo hn Vincent. Transcript 26 March 20 10. pp. 38 142-38 144: Issa Sesay, Transc ript 8 Ju ly 20 IO. pp. 440 38-44040. Thoug h Prosecution Witness Varmuyan Sherif's testimony that Bockarie received a sate llite phone upon his first meeting with Tay lor is contradicted by the several witnesses who testified to this occurring on Bockarie's seco nd visit to Liberia. Sherif' s testimony that Bockarie rece ived a phone from Ta y lor is corroborative. Va rrnuyan Sherif. Transcript 9 January 2008 . pp . 849-850 : Transcript II January 2008 . p. 1045. ,m TF I-3 71. Tran script 28 Jan uary 2008. pp. 24 12-24 14 (CS).
' 440 Mohame d Kabbah, Transc rip t 15 September 2008. p. 161 78.
K447 TF I-5 16. Tran script 8 April 2008. pp. 686 1. 6934-69 35: Tra nscript 9 Ap ril 2008. pp. 6977-6978. Alth ough the Trial Cha mbe r was not ab le to find that throu gh this satellite phone conve rsation the Accu sed directed or adv ised Bockarie that the troops in Free town should destroy property in Freetown du ring the retreat from Freetow n. the evidence did establish that this sate llite phone call was made. See Military O perations: The Freetow n Invasion.Allegation that the Acc used Directed the Freetown Invasion . ' 49. Ab u Keita, Transc ript 23 Jan uary 2008 , pp. 2020-2022 . '4'14 Credibility Assessment, TF I-371. paras 220 -226: Credibility Assessment. Mohamed Kabbah, paras 334-338 : Cre di bility Assessment. TF I-5 16. paras 275 -28 4: Credibility As sessme nt. Abu Keita, paras 2 I3-2 I9.
1316 Case No .: SCSL-03-0 1-T 18 May 2012 OPERATIONAL SUPPORT
850 1 In Freetown within three days' time. And fina lly. Karm oh Kann eh testi fied that he attended a meeting in December 1998 at which Boc karie used his satellite phone to inform Taylor of his plan to capture Freetown.8502 The Trial Chamber recalls its findi ngs that Forni e, TF 1-585 and Karmo h Kann eh are all generally cred ible witnesses.V'"
3725. Whil e maint aining that the Ac cused gave the phone to Bock arie in order to facilitate peace negoti ations, the Defence has not provided any evidence, bes ides the Accused's assertions. that he used a satellite phone for this purpose. In light of the ove rwhelming evidence that Bockari e used satellite phone communica tions to speak with the Acc used and others in furtherance of RUF/AFRC mil itary activities , the De fence submissio n is not conv incing in the view of the Trial Cham ber.
3726. The Defe nce co ntends that the ev idence shows that the RUF received sate llite phones from so urces other than the Acc used.8504 Prosecuti on Witnesses Dauda Aruna Fornie, Ja baty Jaward and TF 1-168 and Defence Witnesses Fayia Musa and lssa Sesay testified to the fact that Bockarie had more than one phone during the confl ict in Sierra Leone.8505 In add ition. Prosecuti on Witnesses TF 1-585, Perry Karnara, TF 1-516 and Abu Keita and Defence Witn ess Fayia Musa testified to havin g seen Bockari e w ith a sate llite phone before he rece ived one fro m the Acc used in October 1998.8506 The ev idence clearly establishes that Bockari e had at least two sate llite phones, and the Trial Chamber is unable to ascertain fro m the evidence whether any of the calls made by Bockarie to the Accused and others in relation to RUF /AFRC acti viti es were made on the satellite phone that the Accused gav e Bockari e. G iven the fact that Bock ar ie had two satellite phones, one of which was given to him by the Accused, the Trial Chamber cons iders that the provision of this
' ;00 Dauda Aru na Fe rnie. Transcript 3 December 2008. pp. 2 1581-2 1588; 10 December 2008. pp. 22 109-22 112. <;UI TFI -585. Transcript 8 Se ptember 2008, pp. 15717-15724.
Kj o2 Karmoh Kanneh.Transcript 9 May 2008. pp. 94 16-94 19. 9433-9437: Transcript 13 May 2008. p. 9728. ' ; 11) Cred ibility Assessment. Dauda Aruna Fomie, paras 346-358: Credibility Assessment TFI-585. paras 330 333 . Credi bility Assessment, Kannoh Kanneh. The Role of Intermediaries. para. 2704 .
<5lJ.l Defe nce Final Tr ial Briel: para. 998. ';0; Dauda Arun a Fern ie. Transcript 2 December 2008. pp. 2 1511-2 15 12: Transcript 10 Decem ber 2008. p. 22048: Jabaty Jawa rd, Transcript 10 Ju ly 2008. pp. 13382- 13383. 13422-1 3423: TF 1-516. Tra nscript 8 April 2008. pp. 69 11-69 12. 69 17; TF 1-168. Transcript 22 January 2009. pp. 23362-2 3364 (CS): Transcript 26 January 2009. pp. 2352 9-23532 (CS):Charles Ghankay Tay lor, Transcript 6 August 2009. p. 26208 : Fayia Musa, Tra nscript 14 Apri120 10. pp. 39026-39027: lssa Sesay, Transcript 23 August 20 10. pp. 469 17-469 19. , j(J(, TF I-585. Transcript 9 September 2008 . pp, 1586 1-15862: Perry Kamara, Transcript 5 Febr uary 2008. pp, 3159-3 164; TFI-5 16, Tran script 8 Apri l 2008. pp. 69 11-69 12. 69 17, 6920-6924: Transcript 9 April 2008. p. 6977 : Abu Keita.. Transcript 23 January 2008. pp. 1967- 1969. 1974. 2018- 20 19: Fayia Musa, Transcript 15 April 2010. pp. 39 117-391 18.
1317 Case No.: SCSL-03-0 1-T 18 May 2012 OPERATIONAL SUPPORT satellite phone to Bockari e enhanced his co mm unications infrastructure. The Trial Chamber further notes the evidence that the satellite phone ca lls we re paid for by Yeaten, who se nt "top up cards" to Bockarie, indicating ongo ing support for sate llite phone communications. In co ntras t, Issa Ses ay test ified that he was unabl e to make ca lls on the satellite phone he go t fro m Sa nkoh because the phone did not have any credit.
3727. The Prosecution ' s alleg ation that the Accused provided a sate llite phone to Issa 8SO Sesay in 2000 is also und isputed. ? Prosecution Witness Perry Kam ara testified that Sesay wo uld se nd messages co nce rning his satellite phone co nve rsa tio ns to all RUF co mma nde rs, 8S08 but he did not testi fy as to the co ntent of these messages. Prosecut ion Witness De nnis Koker test ified that he saw Sesay in Koidu, report ing on a satellite phone to his " Master", whom Koker believed to be Bockarie. that "Kono is under our co ntrol".8so9 The Defence submitte d a contemporaneous mem orandum that ind icates the satellite phone was given to Sesay with full knowled ge of ECOWAS leaders, thereby implying it was used in the peace 851 0 process. Sesay also tes tifie d that he had more than one phone du ring the confl ict in Sierra 8S11 Leo ne. The Trial C hamber is unabl e to ascertain from the ev ide nce whether the call referred to by Kamara was mad e in furtherance of A FRC/RU F activities , or whether either this call or the ca ll referred to by Koker was made on the sa tellite phone provided to Sesay by the Acc used. Nevertheless, noting in particul ar his test imony that he was unabl e to use the othe r phone he had received from Sa nkoh because it had no credits, the Trial Chamber considers that the provision of this satellite phone to Sesay facilitated his communicat ions ca pability.
3728. Fina lly, con cernin g the allegation that the Accused provided Sankoh with a satellite phone, whic h is co ntested by the Defence. the Tria l Cham ber notes that in its Fina l T ria l Brief the Prosecutio n alleges that Sa nkoh received a satellite phone both from Dr Ad dai
' S07 Abu Keita, Transcript 23 January 2008. pp. 20 19. 2031-2032: Issa Sesay. Tran script 8 July 20 10. pp. 44040 44044: Charles Ghankay Taylor. Trans cript 12 August 2009. p. 26664 : Transcript 22 September 2009. p. 29392: Transcript 16 Nove mber 2009. p. 3 1657: Transcript 27 Janua ry 20 IO. pp. 34293-34294; Transcript 28 January 20 IO. pp. 3430 6-343 10. Curiously. Sesay testified at one point that in May 2000. he had a satellite phone given to him by Sankoh. and stated the phone was not from Liberia . Issa Sesay. Transcript II August 20 IO. p. 4605 4 46055. Fayia Musa testi fied that " Mr Ga lley" gave Sankoh a satellite phone in 1996 as an incenti ve to join the peace process at that time . Fayia Musa, Transcript 14 April 2010. p. 39027: Transcript 20 April 20 10. p. 39438. ' so, Perry Kamara, Transcript 5 February 2008. p. 3083. 'S'" Dennis Koker. Transcript 15 January 2008 . pp. 1239- 1240. ' StH Exhibit 0-467. " Letter from RUF Spokesman to President of Nigeria" . '5 11 Issa Sesay. Transcript 14 July 20 10. pp. 44485-44488: Tran script 26 July 20 10. pp. ·t4 575-44576: Transcript
1318 Case No.: SCSL-03-01-T 18 May 20 12 OPERATIONAL SUPPORT
Sebo, and from the Accused.8512 Several witnesses confirmed that Sankoh received a phone from Dr Sebo before 1996.8513 TF l-371 testified that Sankoh was given a phone by an American ambassador in Lome8514 and Witness Fayia Musa testified Sankoh received a phone from Omrie Golley.8515 The Prosecution has failed, however, to present evidence that Taylor was in any way connected to the provision of a satellite phone to Sankoh by these individuals.8516 The Prosecution cites an undated commercial invoice for a satellite phone sent to Sankoh.8517 Upon examination of this invoice, however, the Trial Chamber notes that there is no mention of Taylor, or any of his associates, in the document.V" Thus, the Trial Chamber finds that the Prosecution has not proved beyond a reasonable doubt that the Accused provided a satellite phone to Sankoh.8519
Findings
3729. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that the Accused and Sam Bockarie communicated by satellite phone in furtherance of the Freetown Invasion and other RUF/AFRC military activities, during which crimes were committed.
3730. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that the satellite phones the Accused provided to Sam Bockarie and Issa Sesay, and the "top
II August 2010. pp. 46054-46055. "12 Prosecution Final Trial Brief. para. 324.
X513 Mohamed Kabbah. Transcript 16 September 2008, pp. 16285, 16353-16355: Perry Kamara, Transcript 4 February 2008, pp. 3053-3054, 3057-3058: John Vincent Transcript 26 March 2010. pp. 38142-38144; Issa Sesay, Transcript 6 July 2010, pp. 43715-43717: TFI-371, Transcript 31 January 2008, pp. 2788-2790 (CS). The Trial Chamber finds that Isatu Kallons testimony that she did not see Dr Sebo with a satellite phone when traveling with him to Sierra Leone not dispositive of whether or not he gave Sankoh a phone. See Isatu Kallon, Transcript 22 June 20 I0, pp. 43095-43097. Notably, TFI-516 testified that Sankoh "purchased" a satellite phone in late 1996. TFI-516, Transcript 8 April 2008, pp. 6842-6843.
X51' TFI-371. Transcript 31 January 2008, pp. 2788-2790 (CS).
,51) Fayia Musa, Transcript 14 April 2010, pp. 39026-39027; Transcript 16 April 2010, p. 39181; Transcript 20 April 2010, pp. 39441-39442. X511, The Prosecution presented evidence that Dr Sebo was a former publicist or a colleague of Taylor's, See Fayia Musa, Transcript 20 April 2010, pp. 39405-39414; Transcript 21 April 2010, pp. 39505-03506; Isatu Kallon. Transcript 24 June 2010, pp. 43370- 43371, but no evidence that Taylor was in any way involved in Dr Sebo giving the satellite phone to Sankoh. X517 Prosecution Final Trial Brief para. 324, citing Exhibit D-205, "Commercial invoice for satellite phone delivered to Foday Sankoh". XSIR Taylor denied having any knowledge of this invoice. Charles Ghankay Taylor. Transcript 12 August 2009. pp. 26663-26666.
X519 The Trial Chamber further notes that TFI-371 testified that Sankoh had more than one satellite phone during the contlict in Sierra Leone. TFI-371, Transcript 25 January 2008. p. 2282-2284 (CS).
1319 Case No.: SCSL-03-01-T 18 May 2012 OPERATIONAL SUPPORT up cards", which the Trial Chamber finds were provided to Bockarie by Benjamin Yeaten for phone credit, enhanced the communications capability of both Bockarie and Sesay, which they used in furtherance ofRUF and RUF/AFRC military activities.
3731. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable doubt that the Accused provided Foday Sankoh with a satellite phone.
RUF and NPFL Radio Codes and Communications
Submission ofthe Parties
3732. The Prosecution contends that RUF and NPFL radio operators monitored and utilised each others' communication networks and that they shared radio communication codes.852o
3733. The Defence denies that the RUF and NPFL shared radio communication codes, and alleges that the RUF and NPFL could not have communicated because they did not have access to each others' codes.8521
3734. The Prosecution further alleges that during the Intervention in February 1998, the RUF received a message from Base I, Benjamin Yeaten's radio station, asking why the RUF was pulling out of Kono. 8522 The Defence challenges this allegation by claiming that Base I had not been established at that time. 8523
Evidence
Prosecution Witness Foday Lansana
3735. Witness Foday Lansana, (a.k.a. Co Nya) an RUF radio operator.f" testified that during the early stages of the invasion of Sierra Leone, he and two other NPFL radio operators installed the first RUF radio station operated under Sankoh in Sierra Leone. 8525 He spent from 1992 to 1996 in Sierra Leone, training RUF radio operators by teaching them "code", which would allow their communications to remain confidential to anyone that mo Prosecution Final Trial Brief, paras 94-99, 308, 312, 314. S52l Defence Final Trial Briet: paras 1281, 1497-1498, 1508-1509. 1518, 1531. S522 Prosecution Final Trial Brief: para. 151. S523 Defence Final Trial Brief: para. 1497.
S524 Foday Lansana, Transcript 20 February 2008, pp. 4361-4362. S525 Foday Lansana, Transcript 20 February 2008. pp. 4361, 4364-4367, 4371.
1320 Case No.: SCSL-03-01-T 18 May 2012 OPERATIONAL SUPPORT might be listening on the RUF network. He also taught them "nicknames", grid references for towns and villages, frequency codes that were used in order to communicate from one station to another and use of frequency to communicate both to RUF stations and narionally.f''"
3736. Radio operators would use codes in order to make communications secret. For example, the code name for Freetown might be Foxtrot Tango, or "FT" for short, or Sankoh's code would be "Smile". Grid references were code names for strategic locations, sueh as town, or equipment,. likI e weapons.8527
3737. The RUF network consisted of the national frequency and private frequencies. The national frequency was one that every station was required to monitor in order to intercept messages sent to the entire network. Private frequencies were used when individuals wanted to talk: their radio operators would agree beforehand to connect on a specific frequency at a specific time, and at the appointed time the operators would change from the national frequency to that specific frequency so that the individuals could talk. These communications would not be encoded.8528 In general, the RUF radio operators communicated in English.8529
3738. In addition, any station outside of Sierra Leone that wanted to communicate with the RUF would call the national frequency first, and would then connect to a specific station.853o Lansana knew that, for example, Yeaten and Sam Bockarie were communicating because he would hear them on the national frequency using the RUF code. 853 1
3739. Lansana testified that the codes were originally brought to the RUF from the NPFL, but as time went on the RUF manipulated and changed them. 8532 The code names would change depending on the situation or the area of operation, and the radio operators' code
~j26 Foday Lansana, Transcript 20 February 2008. pp. 4386. 4389-4390; Transcript 21 February 2008. p. 4431. ~527 Foday I.ansana, Transcript 21 February 2008, pp. 4442-4443. ~52~ Foday Lansana, Transcript 21 February 2008. pp. 4438-4440. N'! Foday Lansana, Transcript 21 February 2008, p. 4437. ~530 Foday Lansana, Transcript 21 February 2008. pp. 4440-4441. ~531 Foday Lansana, Transcript 21 February 2008, p. 4483. 8532 Foday Lansana. Transcript 21 February 2008, pp. 4443-4445.4475.
1321 Case No.: SCSL-03-01-T 18 May 2012 OPERATIONAL SUPPORT book would determine what code they would use at a particular time .8533 When the code s changed, a copy ofthe new codes would be sent to every substation.8534
3740. Only radio operators had access to these codes, including RUF operators Osman Tolo and Memunatu Deen, who were at the Guesthouse in Monrovia, and many others who were assigned with Benjamin Yeaten in Vahun and Foya. 8535 Deen and To lo would also receive the new codes if they changed.8536
3741. "Back up" or "emergency" code s were those that were used by substations for a short period in emergency situations, when an operator wanted to ensure the security of the communication. This code was not acce ssible to any other stations that might be monitoring communications.8537
3742. Lansana testifi ed that only the station which was with Sankoh or. when Sankoh was not there, with Sam Bockarie, had "every access" to communicate outside Sierra Leone. 8538
Prosecuti on Witness Alice Pyne
3743. Witness Alice Pyne, who was a radio operator at PC Ground for around five months from around March 1998,8539 testified that during that time, she used to hear Liberian radio stations coming on the RUF national frequency calling Buedu station. The witne ss never spoke to the radio operators in Liberia herself because she did not have permission to speak to them; they only had dealings with Buedu. Only the Buedu station, being the overall headquarters stati on, had permission to speak to the Liberian stations.854o
Prosecution Witne ss Dauda Aruna Fomie
3744 . Witness Daud a Aruna Fomie was train ed as an RUF radio operator at the NPFL 8541 Signal Unit in Bomi Hills in 1991 to 1992. At this time , the RUF members who were
,m Foday Lansana. Transcript 2 1 Feb ruary 2008, pp. 444 3-44 45. ' ;J~ Foday l.ansana, Transcript 2 1 Fe b r ~ary 2008. p. 4483. ' ; 3; Foday Lansana, Transcript 2 1 Febr uary 2008, pp. 44 75-4476. ';3" Foday Lan sana.. Transcript 2 1 February 2008. p. 4483. ,m Foday Lansana. Transcript 2 \February 2008. pp. 44 79-44 80 . ,m Foday Lansana, Tra nscri pt 2 1 February 200 8. p. 4436. x<3') Alice Pyne. Transcript 18 Jun e 100 8. p. 11160.
' ;40 Alice Pyne. T ranscript 18 June 2008, pp. 12169-1 2171.
X;4! Dauda Aruna Fornie. Transcr ipt \ December 2008. pp. 2 1335-2 1338.
1312 Case No.: SCSL-03-01-T 18 May 2012 OPERATIONAL SUPPORT aro und the 151 Battalion area did not hav e a communicati ons "net" (netw ork) of its own, but used the NPFL net. All ofthe radio stati ons operated on the same frequency. 854 2
3745. When he return ed to Sierra Leone in approximately December 1992, Forn ie remained in Pendembu, where Foday Sankoh told him and the other operators that he 8543 wanted them to establish a co mmunications network indep endent fro m that of the NPFL. They did thi s by creating an RUF code separate from the Liberian code they were usin g, and 8544 establishing their RUF nati onal network. The RUF and NPFL could still communicate, however, Ju. st bvy corrungcorni onto each ot h er 's networks an d ma k'mg an .mqurry.. 8545
3746. Th e RUF code was prepared by Foday Lansana (a.k.a. CO Nya ) and sent to Gbarnga and other radi o stations in late 1992, when the RUF first set up their communication s 8546 system. Lansana also se nt the RUF code to desi gnated radi o stations in Liberia, and the 8547 RUF received Liberian codes as well. The RUF codes were changed every tw o to three 8548 months, and were delivered to each radi o station by hand.
3747. A radio net was a g roup of radi o stations that worked together on the sa me set of 8549 frequencies, and for the RUF and NPFL this was call ed the nati onal network. When one person wanted to talk to another they would have their operator se nd a message on the national network to the other person's operator, stating that the y wanted to meet on a private frequency. Because they knew that their enemies were monitoring the network, they had code names for the private frequencies . By the time the enemy found the private frequency they were using, they would be finished with their conversation. These private frequency 8'50 code nam es wo uld also change, )
3748 . Commanders would also send coded messages to each other. !f one per son wanted to send a message pertaining to, for example, the reinforc em ent of troops, their operator would be given a message, whi ch the operator would writ e down, encode. and tran smit to the
X542 Dauda Arun a Fomie. Tran script 1 December 2008. pp. 21350-21 354 .
X,43 Daud a Arun a Fornie, Transcri pt 1 December 2008. p. 21372 . ~ ; 44 Daud a Arun a Fom ie. Tran script 1 December 2008. p. 2 1374. x; 4; Dauda Arun a Fom ie. Transcri pt 1 December 2008. pp. 2 1374-2 137 5. x54(. Dauda Aruna Fernie. Transcri pt 2 December 200 8. pp. 2 1416-2 14 17. ,,47Daud a Aruna Forn ie. Transcrip t 1 December 200 8. pp. 213 50. 2 1378-2 1379 . ' ; 4X Dauda Ar una Fe rnie. Transcript 2 December 2008 . pp. 2 14 16-2 14 17. 2 1517-2 15 18. ';4" Dauda Aruna Fornie. Transc ript 1 December 200 8. pp. 2 1344-2 1346.
X;;O Dauda Aruna Fornie, Transcript 1 December 200 8. pp. 2 1344-2 1346.
1323 Case No.: SCS L-03-0 1-T 18 I'vl ay 20 12 OPERATIONAL SUPPORT receivin g station. The rece iving statio n wo uld then decode the message and give it to the .. 855 1 recipr ent.
3749. Follow ing the ECOMOG Intervention , and as the RUF retreated from Kenerna, Forni e was perso na lly commu nicating w ith Sun light, the radio operator at Base I, which 8552 was Benjami n Yeaten's radio station. Fornie also testified that he visited Monrovia with Sam Bockarie within a week of reaching Bue du, during which trip he stayed at Yeaten's house and visited Base I where he met Yeaten 's radio operator, Sunlight and used the equipment at Base I to co mmunicate with the front lines. He testified that Base I was located "in o ne of the rooms at Benjamin Yeaten' s back ya rd" .8553 Fornie also testifie d that there were restr iction s on whic h operato rs had aut hority to call Base I directly. The witness testified that he, A lfred Brown, the late Se llay and "every operator that was ass igned to Mos quito's rad io station" had that authority .8554
Prosecution Witness Perry Kama ra
3750. Witness Perry Kam ara, an RUF radio operato r,8555 was trained by Foday Sanko h and 8556 Foday Lansana (a.k.a. CO Nya) in Liberian and Sierra Leo nean code in 199 1 and 1992. Lansana to ld the tra inees that he had bee n sent by Taylor to be w ith Foday Sankoh .8557
3751. RUF radio operators worked on one net with a gene ral frequenc y number, called the "national frequ ency", and all operators would monitor this frequency. If one RUF member wanted to speak to anothe r, their radio operator would cali on the national frequency and tell the second member's operato r to meet him on a particular private frequ ency whe re the two 8558 me mbers co uld talk. When the se private conve rsations occurred , however, it was possible for other operators to swi tch onto that frequency and listen to the discussion ; it was diffi cult to have a private co nve rsation without it being monitored by other radio
' 551 Dauda Aruna Ferni e, Transcript 1 December 2008, pp. 21341-21344.
• 552 Dauda Aruna Fomie, Transcript 2 December 2008. pp. 2 1436-214 41. 2 1443. xm Dauda Aruna Fernie. Transcript 2 December 2008. pp. 2 1445. 21449-2 1452. ' 5Q Dauda Aruna Fornie, Transcript 2 December 2008. p. 2 1493. ';;5 Perry Kamara, Transcript 4 February 2008. p. 3039 . " 51> Perry Kamara. Tran script 4 February 2008. pp. 3028. 3033, 3037-3038. •.,,7 Perry Kamar a, Tran script 4 February 2008. pp. 3037-3038. m " Perry Kamara, Tran script 4 February 2008. pp. 3062·3063.
1324 Case No.: SCSL-03-0 I·T 18 May 2012 J. OPERATIONAL SUPPORT
8559 operators. Each radio stat ion had code names, but they cha nged their code names and the codes approximately every one or tw o mon ths.856o
3752. RUF members co uld also se nd coded messages through the rad io. The commander wo uld give his opera tor a message in English, the ope rator wo uld encode it, and send it to 8561 the second ope rator, who would decode it. A reco rd of the commande rs' messages was recorded by the transmitting and receiving stations in log books whi ch were kept forever.8562
3753. Kamara testified that the RUF communications system was not only located in Sierra Leone, and the operators also communicated with Liberia and with Cote d'lvoire.8563 The 8564 operators in Liberia knew the national frequency num ber as we11. From approx imately 1991 or 1992 up until disarmament, there was a direct link from the RUF' s co ntro l station, which was the main ope rator station, and Tay lor's radio station that was effective "every day".8565 So metimes Foday Sankoh would talk to Tay lor directly on the radio. in English with some coded language and on occasions in code.8566 Other times , Sanko h wo uld write an encoded message and his operator would tra nsmit it to Taylor 's operator.8567 The witness also stated that up until 1994, the RUF and the NPFL wou ld co mmunicate frequently, because both groups knew eac h others' codes.8568
Prosecuti on Witness TF 1-516
3754. Witness TF I-516 testified that he was a radio operator for the RUF working on Sam 8569 Bockarie's radi0 in Sierra Leone untilmid-1999, when he was sent to Liberi a to work as an operator for Benjamin Yeaten. 8570 At the time the witness was trained to be an operator in 1994, there had already bee n co mmunicat ion between the RUF and the N PFL because there
KSjq Perry Karnara. Transcript 5 February 2008. pp. 314 1·3 142
85(;0 Perry Kamara, Transcript 5 February 2008. p. 307 1: Transcript 7 February 2008. p. 33 19.
85' ,( Perry Karnara, Transcript 5 February 2008. pp. 3068·3069: Transcript 7 February 2008. pp. 33 10-331 1.
8562 Perry Kamara, Transcript 4 February 2008. pp. 3067·3069 " r.} Perry Kamara, Transcript 5 February 2008. pp. 307 1. 3073· 3074. " ,,-I Perry Kamara. Transcript 5 February 2008. p. 3076. xS65 Perry Karnara. Transcript 5 February 2008. pp. 3074·3 076.
' 566 Perry Kamara. Transcript 7 February 2008. pp. 3306·33 09.
"67 Perry Kamara. Transcript 5 February 2008. p. 3074 .
.,6K Perry Kamara, Transcript 4 February 2008. pp. 3049: Transcript 7 February 2008 . pp. 3304·33 08. 856 " TF l -516. Transcript 8 April 2008. p. 6857 . m o TF l -516. Transcript 8 April 2008. pp. 6858 -6859. 6862. 6889-6890. 6909-6910.
1325 Case No.: SCSL-03·0 I-T 18 May2012 OPERATJONAL SUPPORT
were operators who knew and used the Liberian Code.8571 Foday Lansana (a.k.a. CO Nya) had brou ght the Liberian code to Sierra Leone from Liberi a before the witness was trained in 1994, and this code did not change until 1998.8572
3755. The witness testified that RUF radi o communications were controlled by the senior co mmander of radio operations. who was based at the "control station".8573 All other stations were called "substations".8574 At 7.30am, all stations were required to be on the air. The control stati on would make what was called a "net call" on the national network, and all substations would resp ond giving a "sit-rep" that was " reporting on the situation" .857 5
3756. The control and substations would establish contact with each other by making a call on the national frequency and agreeing to meet at a pre-designated frequency. which was assigned a code name.8576 The frequencies were not completely secure, however, so even if 8577 two operators were on a private frequency they would use code.
3757. When a commander wanted to transmit a message to a person at another radio station, they would hand a message to the operator, who would enc ode the mess age and then transmit it. Then the recipient operator would decode the message and give it to the recipient.8578 Military terminology - such as attack, ambush, weap ons - and persons' names also had codes.8579
3758. Whenever there was a change in the code, the station commanders would report to the control station in person as the code was "very much secretive", and would be given the new code. They would then take the new code to their respective stations.858o The code would change when there was fear that it was no longer co nfidential, for example, when
851 1 TFI-51 6. Transcript 9 April 2008. pp. 6983-6984. 8512 TFI-51 6. Transcript 9 April 2008, pp. 6984-6986. See also TFI-516. Transcript 14 April 2008. pp. 7456 7457 (stating TFI-516 was trained to be an ope rator in 1994). 851) TFI-516. Transcript 8 April 2008, pp. 6892-6894. 6909.
"5 14 TFI-51 6. Transcript 8 April 2008. pp. 6892-6R94, 6909. 8m TFI-516. Transcript 8 April 2008. p. 6904. 8511> TFI-51 6. Transcript 8 April 200R. pp. 6891-6894. 6909. 8m TFI-51 6. Transcript 8 April 2008. pp. 6908. 6927-6929. m 8 TFI- 516. Transcript 8 April 2008. p. 6908. <510 TFI-516. Transcript 8 April 2008. pp. 6901-6903. 6925-6926.
8580 TFI-51 6. Transcript 8 April 2008. pp. 6895-6896 .
1326 Case No.: SCSL-03-01-T 18May 2012 41-3 2 0 OPERATION AL SUPPORT there was an attac k and an operator was forced to move witho ut his mater ials. or if an operator was captured or killed on the fron tlines. 858 1
3759. TF I-5 16 tes tified that the ope rato rs at Base I, the radi o statio n at Benjam in Yeateu's residen ce in Monrovia; 020 . the radi o sta tion at the Executive Mansion in Monrovia; and 8582 Fox trot Ya nkee, in Foya, knew RUF frequencies and posse ssed RUF codes . These RUF codes were carri ed fro m Sierra Leone to Liberia du ring Operation Mo squito Spray in June or 8583 July of 1999 .
3760. The w itnes s also stated that when he crosse d into Liberia he was give n a special code, whic h was distr ibuted to Sunlight, Sky I and the radio operator who was in Foya, and this was the code that they a ll used to co mmunicate. He testified that he himsel f gave the code to S u n lig ht. m ~ Only the stations named Marve l and Plan et I had the authority from either Sam Bockarie or Issa Sesay, to co mmunicate with Base I, 20 and Foxtrot Yankee in Liberi a,8585 and only operato rs such as Daud a Aruna Fornie, Ebo ny Prin ce, Os ma n To lo, Ze drnan, Perry Kamara and other senior radio operators knew the common code betwee n the RUF and the NPF L. There was also an N PFL radio operator sent to wo rk with Bockar ie, nam ed Sa llay Duwor, who knew N PFL code.8586
Prosecution Witn ess Mohamed Kabbah
376 1. Witness Mohamed Kabbah was an RUF rad io operator trained in 1992 by a Liberian 8587 CO Moses and by CO Nya. He testified that the RUF used a gen eral frequency called a "national" freq uency.8588 A ll radio operators wo uld monitor the nati onal network , listening 8589 to all the ca lls. When one station wanted to co mmunicate with another, they would go on 85 the national freq uency and ca ll them, and then switch to a different frequency to talk. K5KI TF 1-516. Tra nscript 8 April 2008, pp, 6895-6896. ,m TF I-5 16. Transcript 8 April 2008. pp, 6889-6890.6909-69 12: Transcript 9 Apr il 2008. pp. 6982-6983 . ""3 TFI-516. Tra nscripl 9 Apri l 2008. p. 6987. The Trial Chamber notes that TF I-5 16 also calls this incident "Operation Vulture". but owing to the context underst ands him to be talking about Operation Mosqui to Spray. See TF I-516. Transcript 9 Apri l 2008. pp. 7047-7049. ' 5>4 TF I-5 16. Tra nscrip l 8 Apr il 2008. pp. 689 1. 69 12. 69 18: Transcrip t 9 April 2008. pp, 6986-6987. ,,.< TF I-5 16. Tra nscrip t 8 Apri l 2008. pp. 69 10-69 11. ' 3Xi, TF 1-516. Transcript 8 Apri l 2008. pp. 69 12-69 14. 69 18-6919: Transcrip t 9 April 2008. pp. 6982-6983 . '3>7 Mo hamed Kabbah, Transcript 15 September 2008. p. 16248. '3," Mohamed Kabbah , Transcri pt 15 Se ptember 2008. p. 16251. 'WI Mohamed Kabb ah, Transcript 15 September 2008. pp. 16251-16252. ,j<)O Mohamed Kabbah, Transcri pt 15 September 2008. p. 16251. 1327 Case No.: SCSL -03-0 I-T 18 May 20 12 OPERATIO NAL SUPPORT freq uencies, however, we re not guaranteed to be private, because they were not owned by one person, and anyone world-wi de could monitor them ; this is why they spoke in code.8591 3762. While Kabbah was the ove rall signa l unit co mmande r in Buedu , from the time he left Kailahun Town until approxi mately Decem ber 1999, he test ified that he used to communicate wit h the various RUF front lines, with Base 1 and with rad io operator Sunlight.8592 He identi fied Sunlight as the ope rator at "Charles Tay lor's Mansion Ground,,8 593 and Base 1 as the station "where To lo and others were.. . at Pa Musa's place".8594 3763 . The two stations in Monrovia, Sunlight's station and Memunatu Deen 's station at Pa Musa 's house were "restricted frequencies ", which meant that only certain stations were allowed to contac t them. Kabbah exp lained that a "restricted station" was one that was "forbidde n to some body" and that only the headquarters station or a station belonging to the "high command " should co mmunicate with them . The only stations that we re allowed to speak to Monrovia were Sam Bockaries, Issa Sesay 's and Foday Sa nkoh's stations (when Sankoh was in Sierra Leo ne).8595 Prosecution Witness TF 1-585 3764. Witn ess TF 1-585 was an RUF radio operator from 1995 until approximately 8596 1999. The witness testified that in late 1997 through all of 1998 there were many radio operators und er the command of Sam Bockarie.8597 During this time, there were communications between where the witness was posted and Base I , in Monrovia. It was only COSellay, however, who was authorised to have co nve rsations with Base l over the radio . The operators wo uld insist on speak ing with either Bockarie or Se llay before they · I d . C • 8598 dIVU ge any mrorrnanon. ' 5", Mohamed Kabbah. Transcript 15 September 2008. pp. 16252-16253. ' ;92 Mohamed Kabbah. Transcr ipt 12 September 2008, p. 16127. ';"3 Mohamed Kabbah, Transcript 12 September 2008, p. 16127. .,9' Mohamed Kabbah. Transcript 12 September 2008. pp. 16131-161 32. ""5 Mohamed Kabbah, Transc ript 15 September 2008. pp. 16254-16256. ';'Il> TFl -585, Transcript 5 September 2008, pp. 15586- 15587 (PS): Transcript 9 September 2008, pp. 15822 15824 (PS). '5,j7 TF I-585. Tran scripl9 September 2008. pp. 15821-15822 (PS). ' 59' TFI-585. Transcript 9 September 2008. pp. 15827-15828. 1328 Case No. : SCSL-03-0 I-T 18 May 2012 OPERATIONAL SUPPORT 3765. TF 1-585 testified that during the time Boc kar ie was based in Kenema, the calls between Se llay and Liberia were restri cted from "t he other RUF fighters" and that only Sam Bockar ie, Issa Sesay and Jung le had access to them .8599 She also testified to there bei ng a sec ret frequency between Sam Bockarie' s ope rato rs and Base I operators.8600 3766. The witness testified that all RUF stations used the same code and when a new code was cre ated it was sent by hand with an ope rator who co llected it in Buedu for eac h radio substation.P'" The codes were "not changed frequently", however; for example fro m early 1998 to December 1999, the witn ess be lieved they were changed once or twice.8602 Me munatu Deen, a radio operator stationed in Liberia, received these codes when they were changed.8603 The Accused 3767. The Acc used deni ed that the NPFL shared radio frequ encies with the RUF, and stated that the two could not enter ont o each other's freq uencies. He said there were many freq uencies that the RUF had but that they, the NP FL, did not know or co uld not ge t into their frequencies. He conceded, however, that there was a dedic ated line mean ing a frequency set up fo r exchange of sec urity information between the NPFL and the RUF, but only fro m approxima tely A ugust 1991 to the end of May 1992.8604 376 8. The Accused confirmed that Base I was the radio station at Yeaten's compound.f' '" Defence Witness DCT-008 3769. Witness DCT-008 testified that he was trained as an NPFL radio operator in 1994/ 606 and remained a rad io operato r with the NPFL until 2003 .8607 ' ; ')9 TF 1-585. Transcript 5 Septembe r 2008. pp. 15605-15606; Transcript 8 Septem ber 2008. pp. 15636-156 37; Transcript 9 Septem ber 2008, p. 15827. ' ''00 TF1-585. Transcript 8 Se ptembe r 2008, p. 15651. '''01 TF 1-585, Transcript 9 September 2008 , pp. 15876-15877. ' '''12 TF I-585 , Transcri pt 9 Se ptemb er 2008. pp. 15876-15877. XI.oJ TF 1-585. Transcript 9 Septemb er 2008, pp. 15877-1 5878. 'o U ~ Charles Ghankay Taylor. Transcript 10 September 2009. pp. 28566-28567. '''0; Charles Ghankay Taylor. Tran script 17 September 2009, p. 29204. XI,OI, DCT-008, Transcript 24 August 20 10. pp. 46996-46999: Tra nscript 3 1 August 20 10. p. 47556 (PS). ''''11 DCT-008. Transcript 24 August 20 10. p. 46949 (PS) . 1329 Case No.: SCSL-03-0 I-T 18 May 20 12 OPERATIONAL SUPPORT 3770. The Go vernme nt of Liberia had a general freq uency , on whi ch every radi o operator worked. If a Liberian operator wa nted to con nect to another operator they wo uld co nnect on 8608 the genera l frequency and then sw itch to another frequency to co mmunicate. The wit ness stated that it was possibl e for operators outside of Liberia to monitor the frequency on which 8609 the Governme nt of Liberia operated. 377 1. OCT-008 testi fied that Sunl ight, the prim ary operator at Base I, the rad io station located at Benjamin Yeaten ' s home, would receive coded messages on Base I, decode them 86lO for Yeaten and record them in a log book. These codes were created by and for the Governm ent of Liber ia and distributed to all radio operators, but we re not distributed to anyo ne outs ide ofthe governrnent.i"II 3772. DCT-008 testi fied to an incident in Septembe r 1998, in whic h Sampson Wehyee (a.k.a. Sampso n), a bodyguard for Benjamin Yeaten, arrived at Base I and introduced Sunlight to Daniel Tamba (a.k.a. Jun gle).8612 Wehyee told Sunlight that Yeaten had ordered 8613 him to allow Tamba to use Base I to co ntact the RUF. Tamba had a piece of paper with the RUF freq uency, RUF 35 B. which was the same freq uency the NP FL used in 1991 and 199 2 to contact the RUF. Sunlight ente red onto the RUF freque ncy, operator Se llay 8614 answered the ca ll, and spoke to Tam ba. The witness believed that Sampson and Tam ba had previou sly co mmunicated with the RUF in Buedu from the Executive Ma nsion through 8615 a L1iben.an operator M'issron. 5. 377 3. DCT-008 testified that Sunlight met TF I-5 16 for the first time on Boc kari e' s second trip to Monrov ia in 1998.8616 The day after Su nlight met TF 1-516. Tamba brought him to Base I to send a coded message to Se llay in Buedu.Sunlight did not understand the message <1,1" DCr-008. Transcript 24 August 20 10. p. 47039. <1,1'" DCT-008. Transcript 24 August 20 IO. p. 47039. X(>lO DC r- 008. Transcript 24 August 2010. pp. 47030-4703 1, 47034-47035. ' nil DCT-0 08. Transcript 24 August 2010, pp. 47034-47035. X612 DCT-00 8, Transc ript 24 August 20 I0, pp. 47034-47037, 47042-47043 ' 61l DCT-008, Transcript 24 August 20 10. pp. 47034-47037. " >1 4 DCT-008, Transcript 24 August 20 10. pp. 47043; Transcri pt 27 August 20 10. p. 47375-47376. Perry Kamara also testified to RUF and NPFL operators using the "35B" frequency for calls between the two groups. For example. Kamara stated. Sierra Leonea n operators would say "35B to Butterfly" in order to call Taylor 's operator. Butterfly. in Liberia; if Butterfly called "35B ". the Sierra Leonean operators would know the Liberian stations were calling the RUF. Perry Kamara. Transcript 5 February 2008, pp. 3074-3075. " >1 5 DCr-008. Transcript 24 August 2010. p. 47046-4706 7. XI>lI, DCT-008. Transcript 27 August 2010. p. 47371-47373. 1330 Case No.: SCSL-03-0 1-T 18 May 20 12 OPERATIONAL SUPPORT 8617 because the operators at Base I did not have access to RUF code. DCT-008 deni ed that Sunlight received a copy of the RU F code from TF I-5 16 or that TF I-5 16 worked for Benjamin Yeaten , and stated that he would have known if either of these thin gs had occurred.8618 The witness also stated that in neither 1997 nor February 1998, was there a radio call sign named Base 1. It was not established at Benjamin Yeaten's house until after the Camp Johnson Road incident in mid- September 1998 when Sunlight became the radi o 8619 operator there. When Sunlight did commence communications with the RUF, he was 862o instructed that communicat ions should only be made with Sam Bockarie in Buedu. 3774. In November or December 1998.Sampson and Tamba brought Memunatu Deen to Base I so that she could use the rad io to communicate with the RUF and General 8621 Ibrah im. DCT-008 testified that the messages that Deen sent could not be und erst ood because they were in code .8622 After one month , around December 1998 or Janu ary 1999, she gave the code to Sunlight so that he could take down messages while she was away .8623 Deen did not have access to Liberian code during the time she was using Base I, and she did 8624 not use any other Liberian radios to communicate with the RUF. These communications from Deen at Base I to the RUF were not intercepted by others, because the 8625 communicati on s were mad e in RUF code. These were special codes created especially for communications between Base I and Buedu , not generic RU F codes, and they did not 8626 8627 change. Base I never had access to the general RUF code. "'1 7 OCT-008. Transcript 27 August 20 10. pp. 47385-47386. '''18 OCT-008. Transcript 31 August 2010. pp. 47555 (PS). 47610. 47621. 47652. ,1, 1" OCT-008. Transcript 24 Aug ust 20 10. pp. 47026-47030: Transcript 30 August 20 10. p. 47565 : Tran script 31 August 2008. pp. 47600-47601: Transcript I September 2010. p. 47754: Transcript 2 September 2010, pp. 47809-47810. '1,20 OCT-008 . Transcript 31 August 20 IO. p. 4760 I. " ,21 OCT-008. Transcript 27 August 20 10. p. 47400: Transcript 30 August 20 10. pp. 47405-47408 . 47403-47404 . '''22 OCT-008. Transcript 30 August 20 10. p. 47405. " .23 OCT-008. Transcript 30 August 20 10. p. 47406. ' '' 24 OCT-008. Transcript 30 August 20 10, pp. 47411-4 7412: Transcript I September 20 I0, p. 47673. ' '' 25 OCT-008 . Transcript 27 August 20 10. p. 47485. " .2(, OCT-008. Transcript 27 August 20 10, p. 47487: Transcript 28 August 20 10. p. 47546. " ;27 OCT-008. Transcript 27 August 20 10. p. 47487. 1331 Case No.: SCSL -03-01-T 18 May 2012 OPERATIONAL SUPI'ORT 3775. Finally, DCT-008 de nied that Fomie had access to the Lib erian radio codes, stating that Fomie could ca ll on the ge nera l Liberian frequency, which is how he contacted Base 8628 1. Defence Wit ness Joseph De hm ie 3776. Witness Joseph De hmie, an NPFL ra dio operator,8629 tes tified that he was trained as 8630 an NPFL radio operator in 1990 . When he was ass igned to Bomi Hill s, Dehmie had the code nam e Bearcat.863I De hmie learned that the " net" was the co mmunications sys tem on which the N PFL operated, and a freq uency was an assigned channe l on the net.8632 There was a broad frequency that every operat or used, and if one operator wa nted to talk to another operator they co uld meet eac h other on another freque ncy . These private frequenc ies we re open, however, so ot her operators co uld hea r th is co nversation if they we re on the same frequency .86 33 T he N PFL operators co uld therefore either speak in dia lect or use code to keep their co mmunications private,8634 and frequencies also had cod e names, whi ch were distributed and then destroyed to preserve their confi dent lality.P '" 3777. Fro m appro xima tely 1990 to 1994, the code that the NPF L used was not sop histicate d: the operators wo uld spea k dialect to eac h other in order to kee p messages 8636 co nfide ntial. In 1994 the N PF L developed a more co mplicated code system, whic h was distri buted to all N PFL radio operators by the NPFL C hlefof Signal.P'" 3778. In this new code, every word in the communication would be encoded, w ith letters bein g repr esent ed by numbers. 8638 A co mmander wo uld bring a message that he wa nted to transm it to a radio operator , who wo uld encode that message. The operators then sp oke to '''2' DCT-008. Transcript 3 1 August 20IO. p. -1 7571. ' ''2 ~ Joseph Dehmie. Transcripl 21 May 2010. pp. -11-1 67. -11 49-1 . -1 1523. ' 6_'<' Joseph Dehrnie. Transc ript 18 May 20 10, pp. 41 156--17157.41160. •63 1 Joseph Dehmie, Transcript 18 May 20 IO. p. 41182: Transcript 19 May 20 IO. p. 41182. • 032 Joseph Dehrnie, Transcript 18 May 20 IO. pp. 41156-47157. '(,J3 Joseph Dehmie. Transcript 19 May 2010, pp. 41175-41178. 41244: Transcript 21 May 20 10. pp. 41476 -1 1478. • 6)4 Joseph Dehmie, Transcript 19 May 20 IO. pp. 4 1179. 4 1244--1 1245. ' '' J5 Joseph Dehmie, Transcript 21 May 20 10. pp. 4 1-1 77-4 1480. '636 Joseph Dehrnie. Transcript 19 May 2010. pp. -1 1179-41182.41244-41245: Transcript 21 May 2010. p. 41500. ' 637 Joseph Dehmie. Transcript 19 May 20 10. pp. -1 1181-41182. 41282: Transcript 21 May 2010. pp. 4 1-1 77 -1 1478: Transcript 31 May 20 10. pp. 4 1533--1 1535. -1 1539-4 1541. '''3' Joseph Dehmie, Transcript 31 May 2010. pp. 4 1533-41535. 1332 Case No.: SCSL-03-01-T 18 May 20 12 OPERATIONAL SUPPORT each other on coded frequencies , and the operator at the other end would receive the 8639 encoded message and decode it. The witness testified that before he was stationed in Bomi rad io operators would record all messages in a book, but they stopped when they were fiIghttmig WIt . I1 enemy.. rorces ..lor sec urity. reasons. 8640 3779. Dehmie stated that NPF L rad io codes we re not distributed to anyo ne ou tside of NPFL members.t"" In additio n, NP FL codes we re not written down, but memorised by the 864 2 8643 operators. Dehmie cea sed being a me mbe r ofthe N Pr L in 1997. Defence Witness Yanks Smythe 3780. Witness Yanks Sm ythe wo rked as a radio operator and operations manager for Taylor fro m 1990 until Tay lor becam e president.j?" If tw o N PFL operators wa nted to spea k to eac h other they wo uld meet on a private frequency that had a code, and the messages could also be coded or be "send".8645 3781. The witness denied that the N Pf'L and RUF were co mmunicating after May 1992 throu gh 1994. Between 1990 and 1994 the RUF and the NPF L did not operate on the sa me frequency , and he moni tored the NPFL frequency. Thus, if they we re communicating he 864 6 wo uld hav e heard the radi o ca ll from the RUF. The witness stated that he was "not 8647 aware" of whet her the N PrL possessed RUF code from 1990 to 1994. Smythe testi fied that he worked with Taylor from 1990 to the end of his presidency, and he never had any 864 8 co mmunications with Sierra Leone. 3782. Ya nks Smythe tes tified that he never saw radi o equipme nt at Benjamin Yea ten's 8649 house between 1998 and July 2000. '61'1 Joseph Dehmie, Transcri pt 3 1 May 20 I0, pp. 4 1536-4 1539 . '0411 Joseph Dehrnie, Transcript 3 1 May 20 IO. p. 4 1244. '64 1 Joseph Dehmie, Transcript 2 1 May 20 IO. pp. 4 1473-4 1474; Transcript 31 May 20 I0, pp. 415 36-41 539. 8(·42 Jo seph Dehrnie, Tra nscript 2 1 May 20 10. pp. 4 1475-4 1476 . ".4J Joseph Deh mie. Transcri pt 20 May 20 10. pp. 4 1399-4 1400, 4 1411-4 14 12. ' h+l Yanks Smy the. Transcript 22 Febr uary 20 IO. pp. 35640-3564 1. '64; Yanks Smythe. Transcript I Marc h 20 IO. pp. 36264-36266 . " 46 Yanks Smythe, Transcript 24 February 20 10. pp . 35969-359 7 1: Tran scri pt I March 20 I 0, pp . 36 263-36264. ' 647 Yanks Smythe, Transcri pt 24 February 20 10. p. 35965. '04' Yanks Smyt he. Tra nscript 22 February 20 10. pp. 35652-25653. ' '' 4'1 Yanks Smythe. Transcript 24 February 20 IO. p. 35962. 1333 Case No.: SCSL-03-0 1-T 18 May 20 12 J. OPERATIONAL SUPPORT Deliberations 3783. It is clear fro m both Prosecution and De fen ce witnesses' testim ony that in approximately 1991 or 1992. the NPFL ass isted the RUF in estab lishing its own radio co mmunications sys te m.8650 A II RUF radio operato rs monitored the RUF network for messages. If one RUF member wanted to reac h another RUF mem ber. they wo uld orde r their operator to mak e a call on the national networ k requestin g the second mem ber's operator to meet at a speci fic frequency to talk. The two operators wou ld then meet on the spec ific frequency. and the members wo uld spea k on this fr equency.f" 37 84. The frequency num bers on which operators wo uld meet. of whic h there we re many, wo uld be coded. so as to deter any other persons fro m being able to hear what was bein g 8652 relayed . These co nve rsations would not be abso lute ly secure. however; if another person knew the frequency code, or happened upon that frequ ency. they could hear the co nversation between the two speakers. To increase confidentiality, the two speakers could speak in code on the private frequencies. For example, the spea kers co uld use code names to indicate places. nam es. materials. or the movem ent of troopS.8653 3785. Me mbers could also communicate by se ndi ng coded messages fro m one operator to another. O ne member would relay a message in plain Eng lish to an operator. who wo uld translate this message into code . The sending operato r wo uld then transmit it to the receiving 8654 operator, who would decode it for the recipient member. The NP FL communications network functioned sim ilarly in all of these respects to the RUF network .8655 XI;)" Foday Lansana, Transcript 20 February 2008 . pp. 4364. 4386 . 4389-4390 : Transcript 2 1 February 2008, pp. 443 1. 4443-4445. 4475; Dauda Aruna Fornie, Transcript 1 Decem ber 2008. pp. 21350-2 1354, 2 1372-2 1374: Transcript 2 Decembe r 2008. pp. 2 14 16-2 14 17: Perry Kamara, Transcri pt 4 February 2008. pp. 3028, 3037 3038; TFI -516, Transcript 9 April 2008. pp. 698 3-6986 . ' 651 Foday Lansana, Transcr ipt 2 1 February 2008. pp. 4438-4440 ; Dauda Aruna Fomi e, Transcrip t I December 2008. pp. 21344-2 1346: Perry Kamara, Tran script 4 February 2008, pp. 3062-3063: TF I-5 16, Tran script 8 April 2008. pp. 689 1-6894. 6904 , 6909 :Mohamed Kabbah. Transcript 15 September 2008. p. 16251; Josep h Dehmie. Trans cript 2 1 May 2010. pp. 41475-414 76: Tran script 31 May 20 10. pp, 4 1533-4 1536: Yanks Smythe. Transcript I March 20 IO. pp. 36264 -36266 . ",, 52 Dauda Arun a Fernie. Tran scri pt I December 2008. pp. 2 1344- 21346 : Yanks Smythe. Transcript I March 20 IO. pp. 36264-36266. X65J Foday Lansana. Transcript 20 February 2008, pp. 4386. 4389-4390: Transcript 2 1 February 2008. pp. 4431. 4442 -4443.4479-4480: Perry Kamara, Tran script 5 February 2008. pp. 3170-3 171: TF I-5 16. Tra nscript 8 April 2008. pp. 6908. 6989. 690 1-6903. 6925-6929 : Mohamed Kabbah. Tran scrip t 15 September 2008. pp. 16252 16253. XI, S. Dauda Arun a Fornie. Transcript 1 December 2008. pp. 21341-21344: Perry Kamara, Transcript 4 February 1334 Case No.: SCSL-03-01-T 18 May 20 12 OPERATIONAL SUPPORT 3786. The question at issue is whether the RUF co uld communicate in code with the NPF L or und erstand its coded messages, and vice versa. Th e Prosec ution submits that the codes were shared and that the RUF and NP FL used ea ch others ' networks, whil e the Defence contends that the RUF and NPFL co uld not co mmunicate because they did not share 8656 codes . 37 87. Rad io operators Foday Lansa na and Daud a Aruna Fornie, whom the Trial C ham ber has fou nd to be ge ne rally credible,8657 both testi fied that in 199 1 or 1992 the RUF did not have their ow n code. but used that which was given to them by the NP FL. At a ce rtain point, s658 however, the RUF code change d, and the tw o codes we re se parate and different. 37 88. Both Prosecuti on and Defence w itnesses test ified that RUF code changed intermittentl y throughout the conflict so as to guard the confidentiality of mes sages , 865Q a ltho ugh witness test imon y varied as to how often this wou ld happen . Several Prosecut ion w itnesses also testifi ed that RUF code was shared with operators in Liber ia at s66o various tim e periods. For example, Fomie test ified that he brought RUF codes to Sunlight in Monrov ia in mid_1998 .8661 TFl-5 16 testified that Lansana brought Liberian 8662 codes to Sierra Leone before 1994, and this code did not change until 1998. On ce the codes changed, TF 1-516 stated, the new RUF codes were brought to Liberia by himself in mid_1999,8663 and by Tige rS664 during O peration Vulture just prior to this.s665 Fina lly, 2008. p. 3063 ; Tran script 5 Feb ruary 2008. pp. 3068-3069; TF I-5 16, Transcript 8 Ap ril 200 8. p. 6908 . ",55 DCT-008. Transcrip t 24 August 20 IO. p. 47039 : Joseph Dehrnie. Transc ript 19 May 20 10. pp. 411 75-411 79. 4 1244-41245: Transc ript 21 May 20 10. pp. 4 1476-41480; Transcript 3 1 May 20 10. pp. 4 1533-4 1539; Yanks Smythe. Transcript I March 20 I0, pp. 36264-36266 . RI,5!> Defe nce Fina l Trial Brief. paras 1281. 1497-1498. 1508-1509. 1518. 1531. RI,;7 Credibility Assessment. Foday Lansa na. paras 237-2 43: Credibility Assessment. Dauda Aruna Fe rnie. paras 346-3 58. " ,5. Foday Lans ana, 2 1 February 2008 . pp. 4443-4445. 4475; Dauda Aru na Fornie, Transcript I December 2008. p.2 1374. ",59 Foday Lan sana. 2 1 Feb ruary 2008. pp. 4443-4 445. 4479-4480 ; Dauda Aruna Fornie, Transcript 2 Decembe r 2008 , pp. 2 1416-2 1417, 2 1517-2 1518; Perry Kamara, Tra nsc ript 5 February 2008. p. 307 1; TFI-5 16. Tran scri pt 8 April 2008. pp. 6895 -6896 ; T F!-585. Transcript 9 Septembe r 2008. pp. 15876-15877:Joseph Deh mie. Transcript 2 1 May 20 10. pp. 4 1477-41480. ""WSee also Perry Kamara. Tran script 4 February 2008 , pp. 3049, 3052 -3053; Transcript 7 February 2008 . pp. 3304-3308 (testifying that up until 1994. the RUF and the NPFL woul d commu nicate frequently. because they had each others' codes). 8(,61 Dauda Aruna Fe rnie, Transc ript 2 Decembe r 2008, pp. 2 1516-2 15 19. """2 TF 1-5 16, Tra nsc ript 9 Ap ril 2008. pp. 6984 -6985 . "."3TF 1-516, Transcript 8 April 2008 . pp. 6858 -6860. 6966-6967. 689 1. 69 12. 69 18: T ranscr ipt 9 Ap ril 2008. pp. 6986-698 7. 7003-7004. " "(, ~ Upon careful examination of the record . the Tria l Chamber fou nd only one refe rence to rad io operator 1335 Case No.: SCS L-03-01-T 18 May 20 12 OPERATIONAL SUPPORT Witnesses TF 1-585 and Lansana testified that Memunatu Deen, the RUF radi o operator 8666 stationed in Liberia, recei ved RUF codes whenever they changed. 3789. Defence witnesses including the Accused , Joseph Dehrnie, Yanks Smythe and DCT 008 denied that the RUF and NPFL shared codes or communications.f'? " DCT-008 denied that NPFL code was given to anyone other than NPFL operators;8668 that Base I had access to the RUF code;8669 and that TFI-516 provided RUF codes to the NPFL.8670 The witness contended that when Deen and TF 1-516 first came to Base 1 in 1998, they sent messages 8671 that could not be understood because the Base I radi o operators did not have RUF code. The Trial C hamber recalls its finding that the testimony of DCT-008 must be treated with caution and requires corroboration.P'" 3790. Defence Witn ess Joseph Dehmie testified that NPFL radio codes were not distributed to anyone other than NPFL members. The Trial Chamber notes that the testimony of Prosecution witnesses cited above concerns the distribution of RUF codes to NPFL members, not NPFL codes to RUF members. For this reason, the testimony of Delunie is not inconsistent with the testimony of the Prosecuti on witnesses and it doe s not corr oborate the testimony of DCT-008. 3791. Similarly, while Defence witness Yanks Smythe denied that the NPFL and RUF were communicating, more specifically, he testified that the two did not operate on the same frequency. He sa id he monitored the NPFL frequency and that if there were communications he would have heard the RUF radio call s. However, the Trial Chamber notes that the communications to which the Prosecution witnesses testified were communications largely if not exclusively on the RUF network, not the NPFL network. Monitoring the NPFL "Ti ger's" given name: Sheku Sheriff. Moham ed Kabbah, Transcript 15 September 2008, pp. 16167. 16170. &665 TFI-51 6, Transcript 9 April 2008, p. 6987. <666 TFI-585, Transcript 9 September 2008. pp. 15877-158 78: Foday Lansana, 2 1 February 2008, p. 4483. Lansana also indicated that Osman Tolo, a second RUF radio operator stationed in Liberia. also received RUF codes when they changed. Foday Lansana. Transc ript 2 1 Febru ary 2008, p. 4483. &M,7 Charles Ghankay Taylor. Tran script 10 September 2009. pp. 28566-28567: Joseph Dehm ie, Transcript 2 1 May 2010. p. 41473-41474: Transcript 31 May 20 10. pp. 41536-415 39: Yanks Smythe, Transcript 24 February 2010. pp. 35969-3597 1; Transcript I March 20 10. pp. 36263-36264 . KbM OCT-008 , Transcript 24 August 20 10. pp. 47034-47035. « ,69 OCT-008 , Transcript 27 August 20 I0, p. 47487. <67 1336 Case No.: SCSL-0 3-0 I-T 18May2012 OPERATIONAL SUPPORT network,Smythe presumably would not have heard these communicat ions, which in no way prec ludes the poss ibility that they took place. 3792. The Trial Chamber furthe r notes that Smyt he testified that he was "not awa re" of whether the NPFL possessed RUF code during the period from 1990 to 1994, which is the time period about which he was quest ioned .8673 In the Trial Chamber's view, this testi mony does not corroborate the testimony of DCT-008 that the NPFL did not have the RUF code. Moreover, the Trial Cham ber notes that Smythe testified in cross-examin ation that the RUF and NP FL were not communicating via radio between 1991 and 199 2,8674 which is inconsis tent with the testimony of the Acc used, who testifi ed that there were communica tions during this time period .8675 3793 . The Tria l Chamber notes that while DCT-008 said that Sunlight did not have the code, TF 1-516 testifi ed that he himself gav e the code to Sunlight.8676 Mohamed Kabbah testified that the RUF had sec ret frequ en cies that only Sunlight knew about.8677 Moreover, Lansana testified that he heard Benj amin Yeaten and Sam Bockarie on the national frequency using the RUF code. In ligh t of the substantia l evide nce adduced to the co ntrary , and the lack of evidence corroborating his testimony, the Trial Chambe r does not find the testim ony of DCT-008, that the NPFL did not have RUP codes, to be credible. 379 4. The Trial Cha mber notes the deni al of the Acc used that the NP FL sha red radio frequencies with the RUP, and his testim ony that the NP FL did not know and could not get into these frequencies. As indicated, the testimony of both Prosecution and De fen ce witnesses establishes that the radio frequencies we re accessible to all. The code added a level of security by allowing the parties communicating to sw itch to a different frequen cy, but it is the understanding of the Trial Chamber that no code was required to access any particular frequency . For this reason, and in light of the substantia l and credible ev idence that the RUF code was share d with the NP PL, the Trial Chamber does not find the denial of the Accu sed to be credible. ~ (,7) Yanks Smythe. Transcript 22 February 20 10, pp. 35640-3564 1. &(,74 Yanks Smythe, Transcript 24 February 20 IO. pp. 35964-35966. ' (,75 Charles Ghankay Taylor. Transcript 10 Septe mber 2009 . pp. 28566-2856 7. ~(,7f, TF I-5 16, Tra nscript 8 April 2008, p. 69 12. '077 Mohamed Kabbah. Tra nscrip t 16 September 2008, pp. 16464-16366. 1337 Case No.: SCSL-03-01-T 18 May 2012 OPERATIONAL SUPPORT 3795. The Defence highlights Prosecuti on evidence that new RUF codes would be delivered by hand to all operators, and que stions how this delivery co uld have occurred when the borders were closed at various time periods.8678 The Trial Chamber notes that it is uncontested by the parties that Memunatu Deen, an RUF radio operator, was stationed at the RUF Guesthouse in Monrovia.8679 Deen would have needed the RUF codes in order to effectively communicate between Liberi a and Sierra Leone during the time she was at the Guesthouse. Therefore, the Trial Chamber considers that the RUF codes must have been delivered to her in Liberia or she would not have been able to perform her function as a radio operator for the RUF . Further, TF 1-585 and Foday Lansana testified that Deen had access to these codes, and Dauda Aruna Fomie testified that she brought RUF codes to Sunl ight. 868o For this reason, and in light of the evidence cited above that codes were delivered to Monrovia, the Trial Chamber does not consider this argum ent compelling.t?" 3796. As noted above, the evidence indicates that, regardless of whether the RUF possessed NPFL code and vice versa, these groups could communicate with each other by radio. Prosecuti on and Defence witnesses confirmed that an RUF operator could enter onto the NPFL national netw ork, the frequency of which was open to any operator, and make a call to an NPFL operator, and vice versa .8682 The addition of code word s for frequencies, names, and materials simply offered greater confidentiality. For this reason the Trial Chamber does not accept the contention of the Defence that messages between the two groups could not have been relayed because they did not possess each others' codes. The evidence is clear that the RUF and NPFL radio networks were able to be reached by operators from outside their respective netw orks, and the communications could begin from there. 3797. Regarding the Defence contention that Base I had not been establi shed by the time of the Interv ention. the Trial Chamber notes that Mohamed Kabbah, T F 1-585 and Dauda Aruna Fornie all testified to the existence and operation of Base I at the time of the x,)x Defence Final Trial Brief paras 1508-1509. X,; ) 9 See Operational Support. RUF Guesthouse. x,,'o TFI-585. Transcript 9 September 2008, pp. 15877-158 78: Foday Lansana, Transcript 2 1 February 2008. pp. 4475-4476,4483: Dauda Aruna Fornie, Transcript 2 December 2008. pp. 2 1516-2 1519. X(,X' See Arms and Ammunition: Prelimi nary Issues. Closure of Border. XI,X2 Foday Lansana, Transcript 21 February 2008. pp. 4440-4441. 4483: Dauda Aruna Fernie.Transcr ipt I December 2008. pp. 21374-2 1375: Mohamed Kabbah, Transcript 16 September 2008, pp. 16364-16 366 ; DCT 008. Trans cript 24 August 20 10. pp. 47039-47040 : Perry Kamara, Transcript 5 February 2008. pp. 3074-3076. 1338 Case No.: SCSL-03-0 I-T 18May2012 OPERATlONAL SUPPORT Intervention or short ly thereafter.8683 Only DCT-008 testified that Base I was not yet established, and while the Acc used testi fied that Base I was the radio station at Benjamin Yeate n's compo und, he did not provide a date when it was installed.8684 3798 . The Trial Chamber recalls its findings that Kabbah, TF 1-585 and Fornie are generally credible8685 and that DCT-008 is a witness whose testim ony must be treated with caution and requi res corroboration.v'" The Trial Cham ber notes that, in her testimony, TF 1 8687 585 generally had difficulty placing events in their correct time period. Further, the Defence notes that in a previous statement to the Prosecution, TF 1-585 stated that Lima Bravo, 35 Bravo and 35B were the call signs at Yeaten 's residence. The witness explained this inconsistency by stat ing that in the interim period she had second thoughts, and realised she had mixed up RUF call signs with Base I; she also noted that one week before trial she corrected the first statement to read that Yeaten's call signs were Lima Bravo and Base I. This was the first time that she had identified Base I as Yeaten's radio station.8688 3799. The Trial Chamber also notes that Kabbah incorrectly identifi ed Base I as the station "w here To lo and others were ... at Pa Musa's place" ,8689 and not the station at Yeatens residence. Kabbah also testified that Sunlight worked from Charles Tay lor's Mansion Ground. 3800. The Trial Chamber considers the discrepancies in both TFI-585 and Kabbah's testimonies to be minor, particularly given the passage of time, and does not therefore find that they impact upon either witness' s general credibility. In Kabbah 's case, the Trial Chamber considers that, because Kabbah did not visit Monrovia, and his knowledge of Sunlight's location was therefore based solely on information given to him by other ''''3Mohamed Kabbah. Transcript 12 Septembe r 2008, p. 16127; TF I-585. Transcrip t 5 September 2008. pp. 15604-1 5606: Transcript 9 September 2008 . pp. 15827-15828: Dauda Aruna Fornie. Transcript 2 December 2008 . pp. 21436-2 144 1.2 1443. 2 1445, 2 1449-2 1452. x,;,. DCT-008. Transcript 24 August 20 10. pp. 47026-47030: Tran script 30 August 20 10, p. 47565: Transcript I September 20 10. p. 47754 : Transcript 2 Septembe r 20 10. pp. 47809 -478 10: Charles Ghankay Tay lor. Transcript 17 September 2009, p. 29204 . x683 Credibility Assess ment. Mohamed Kabbah, paras 334-338: Credibility Assessment. TF I-585. paras 330-333: Credibility Assessment. Dauda Aruna Fernie, paras 346-358. """,, Credibility Assessment. OCT-008, paras 373-380. ''''7Credibility Assessment. TF I-585 . paras 330-333. XIi'8 TF I-585. Transcript 9 September 2008. pp. 15858-1 5861. ''' ''' Moham ed Kabbah, Transcript 12 September 2008. p. 16131. 1339 Case No.: SCSL-03-0 I-T 18 May 2012 J. OPERATIONAL SUPPORT operators who went t o Libe ria with Sam Bockarie,869o and because Kabb ah did not use the term "Executive Mansion" but rather spoke of "Charles Tay lor's Mansio n Gro und", Kabbah may have con tlated the Defend ant's White Flower residence with the Executive Mansio n.869) ln view of the issues raised, however, the Trial Chamber does not rely on their testimonies in ascertaining the date upon which Base [ was established. 380 1. However, the testimony of Forni e, who testified that he visited Base I short ly after the Interventi on, supports its existence at this tim e. The Defence challenges Fe rnie's ev idence that he visited Base 1 at this time on the bas is that the radio room was originally set up inside Yea ten's house and only later moved to the out house where Fornie testified 8692 that he saw it. Fornie testi fied that Base I was located "in one of the roo ms at Benjamin Yea ten's backyard,,8693 which, in the Tr ial Chamber's view, co uld mean that it was located in a room inside the house overlooking the bac k yard, not necessarily in the yard itself 3802. Defence Witness Yanks Smythe testified that he never saw radio equipment at Benjamin Yeateu 's house between 1998 and July 2000,8694 but this evide nce cont rad icts that of DCT-008 and the Acc used, who both testified that Base [ was installed at Yeaten's residence.8695 [n light of these considerations the Trial Chamber rejects the testimony of DCT-00 8 and Yanks Smyt he that Base 1 was not operatio nal at the time of the Intervent ion. 3803. The Tr ial Chamber notes that there is some evidence that com munications were restricted between Lib erian and Sierra Leonean radio stations at this time.8696 However, the 8697 evidence demonstrates that this was a matter of protocol rather than a technical barr ier. " (,90 Mohamed Kabba h. Tran scr ipt 12 September 2008. p. 16133. xm l Mohamed Kabbah. Transcript 12 September 2008 . p. 16127. Kim Defence Final Trial Briel: para. 1516. ",,") Dauda Aruna Fernie, Transcript 2 December 2008 , pp. 2 1445, 21449-2 1452. ,,,,,. Yanks Sm ythe, Transcript 24 February 20 I0, p. 35962. 'Ii)5 I)C T-008, Transcript 24 August 20 10. pp. 47026 -4703 0. x"9 (, Mohamed Kabbah, Transcript 15 September 2008. pp. 16254-1 6255: Foday Lansana, Transcrip t 2 1 February 200 8, p. 4436 : Alice Pyne, Transcript 18 Ju ne 2008 , pp. 12169- 1217 1; DCT-008, Tran scr ipt 3 1 August 20 I0, p. 4760 I. "'97 For exa mp le. when describing "restricted stations" Mohamed Kabba h testified that they were stations that should not be contacted and were ..forbidden". not that they could not be contacted. See Moham ed Kabbah, Transcript 15 September 2008. pp. 16254-16255. Foday Lansana testified that only the stations with Foday Sankoh and Sam Bockarie had "every access". See Foday Lansana, Transcri pt 2 1 February 2008. pp. ·1435-4436. Alice Pyne testified that she did not have "permission" to speak with stations outside Sierra Leone. See A lice Pyne. Transcript 18 June 2008 . pp. 12170-12171. Dauda Aruna Fornie also testi fied to restricti ons in the authority 10 contact Base I. See Dauda Aruna Fornie. Tra nscript 2 December 2008. p. 21493. 1340 Case No.: SCSL-03-0 1-T 18 May 20 12 J. OPERATION AL SUPPORT Findings 3804. The Trial Chamber finds that the Prosecuti on has proved beyond reasonable doubt that RUF radi o codes were shared with the NPFL and that the RUF and NPFL were able to communicate via radio. 3805. The Trial Chamber also tind s that the Prosecution has proved beyond reasonable doubt that Base 1 existed and was in operation at the time of the Interventi on. Use of Liberian Co mmunications by the RUF/AFRC Introduction 3806. The Prosecuti on submits several allegations concerning the RUF/AFRC's 'use of Tay lor's radio communications equipment in Liberia. The circumstances ofthese allegations have been discussed in other sections of the judgement. The Trial Chamber will consider eac h allegation in tum, with regard to whether Tayl or provided communications capabilities to the RUF/AFRC. ui. Sankoh's Co mmunication While Detained 3807. The Prosecution alleges that durin g Sankoh 's deten tion in Nigeria, he used the NP FL radio network to communica te with the RUF in Sierra Leone. 8698 3808. The Defence deni es that Sankoh used the NP FL radio network to communicate with the RUF during his detention. The Defence contends that the re was no need for Sanko h to rely on the NP FL network beca use he had his own communicat ions system in place at that time. Furthermore, the Defence argues, Sankoh's messages were communicated by other means .8699 KIm Prosecution Final Trial Briel: para. 309. x,m Defence Final Trial Brief. paras 993. 1..\ 8..\ . 13..\1 Case No.: SCSL-03-01-T 18M ay 2012 4 ~335 OPERATIONAL SUPPORT Evidence Prosecution Witness Foday Lansana 3809. Witness Foday Lansana testified that while Foday Sankoh was detained in Nigeria, he would transmit messages to the RUF through Ta ylor and his subordinates in Liberia. At the time , Bockarie told Lansana and others in the RUF that Moinama and Mas saquoi visited Sankoh in detention and received a message, and transmitted this message via telephone to Taylor or Yeaten in Liberia. Taylor or Yeaten then sent the message on the radio to Sam Bockarie, who issued orders to the RUF accordingly.V'" Bockarie stated that he alon g with Isaac Mongor, Morri s Kallon, lssa Sesay, Peter Vandi, and others, were promoted using this message system.8701 The RUF also received the order to join the AFRC in this way.8702 3810. When Bock arie entered Freetown, Lansana added, he invited Moinama and Massaquoi to a meeting of the High Command, at which the witness was present. Moinama and Massaquoi "made it very clear" that the mes sages they had tran smitted from Sankoh in 8703 detention were from Sankoh. Prosecution Witness Augustine Mallah 38 11. Witness Augustine Mallah, an RUF security officer for Mike Lamin, testified that after Lamin was arrested Mallah escaped to Danane, Cote d'Ivoire. Musa Cisse, Taylor's protocol officer, lived in Dan ane, and had a radio operator named Action Man. The day after Mallah arrived in Cote d'Ivoire , which was two days after Sankoh was arrested in Nigeria, Action Man invited Mallah to Cisses house and told him that he had contact with Sankoh in detention in Nigeria. Sankoh told Acti on Man to connect him with Bockarie so he could g.ive I'11m some orders.8704 3812. The next night, Mallah, Acti on Man and Joseph Brown (a.k.a. Co Brown) were at Cisses house. Mall ah was sitting two feet away whe n he saw Acti on Man contact Bockarie and Sankoh. Sankoh told Bockarie that he should not take any instructions from Fayah '71)0 Foday l.ansana, Transcript 2\ February 2008. pp. 4490-4494. X701 Foday Lansana. Tran script 2\ Februa ry 2008, pp. 4490. X702 Foday Lansana, Transcript 2 1 February 2008, p. 4491-4493. ' 703 Foday l.ansana, Tran script 2 1 Febru ary 2008, pp. 4490-4494. X1l}-l Augustine Mallah, Transcript 12 Nov ember 2008. pp. 20124-20128. 1342 Case No.: SCSL-03-0 \- T 18 May 2012 .y -? ~/ OPERA TIO NAL SUPPORT Musa, but should take instructio ns directly from Taylor in Liberia. Bockarie stated that he wo uld ad here to Sankoh's instru ctions, and that he wo uld support Sankoh as the leader of the RU F.8705 Prosecution Witness TF 1-338 3813 . Witness TF 1-338, an RUF mem ber, testified that after Foday Sankoh was arrested in N igeri a in 1997, Daniel Tamba (a.k.a. Jungle) ca lled on the radio and stated that Tayl or had instructed him to give a message to Bockarie from the Acc used, which had bee n passed on to him by Sankoh. Ta mba said that Sa nkoh instru cted Bockarie to be promoted, and that he should take all direct orders from Taylor until Sankoh returned from Nigeria.8706 Prosecuti on Witn ess TF 1-371 3814. Witness TF 1-371 testified that in Marc h 1997, he was in Foday Sanko h's residence in Abidjan waiting for him to return from Nigeria when he heard on the BBe that Sanko h had been arrested. He called Me rnunatu Deen, who was Sankoh's "communicatio ns lady", and who was at Sankoh' s residence in Abidjan and had Sankoh's satellite phone. He asked Deen to put him in touch with Sankoh at his hotel in Abuja and she co nnecte d the two via the sate llite phone. Sankoh told the witness not to worry, that he was not actually arrested but was at his hotel in Abuja, but that he wo uld return soon.8707 Prosecution Witn ess TF 1-168 38 15. Witness TF I- 168 testified that after Sankoh was arres ted in Nigeria, he had a satellite phone. The Nige rian authorities co nfiscated it at a certain point, but, TF 1-168 testified, Sankoh found other ways to communicate with the RUF in the field . For exa mple, Sankoh ca lled Mike Lamin, who was in Abidjan, and instructed him to "disarm" the witness. The witness heard about this and sought protection from the local police.8708 Sankoh also, while detained in Nigeria, promoted seven RUF cornma nders.V'" Prosecut ion Witness Daud a Aruna Fornie . 70SAugustine Ma llah. Tra nsc ript 12 Nove mbe r 200S. pp. 20 124-20 12S. X7°" TF I_33S. Transcript I Septcrnber 200S. pp. 15114-15116. x707 TF I-37 1. Transcript 25 January 200S. pp. 2282-2284 (CS ). 1343 Case No.: SCSL-03-0 1-T 18 May 20 12 •.;,7 ...A.::/ OPERATIONAL SUPPORT 38 16. Witness Dauda Aruna Fornie testi fied that in mid-1 997 he heard Foday Sanko h on Sie rra Leone Broadcast ing Service, the Sierra Leonean radi o station, instructi ng the RUF to leave the bush and join the AF RC. 8710 Prosec utio n Witn ess Alimamy Bob son Sesa y 38 17. Witn ess A lima my Bob son Sesay testified that follow ing the AF RC coup, he heard Foday Sa nkoh on BBC rad io ordering th e co mma nde rs and members of the RUF to go immediate ly to Freetown and take orde rs from John ny Paul Korom a.871 1 T he Accused 38 18. The Acc used denied that he trans mitted any messages fro m Sa nko h to Bock arie while Sa nkoh was detained in N igeria, including a message that the RUF s hould join the AF RC j unta or that Bockarie should take advice fro m Taylor while Sa nkoh was in prison.8712 Th e Accused testified that the process by which the RUF joined the AFRC is well documented: a recorded conversation between Sa nkoh and Johnny Paul Koroma was played on Sierra Leo nean radio and the BBC. 8713 In addition, Sanko h at th at time had his ow n radio and op erator in Cote d 'I voire, and so did not need to tra nsmit messages through Taylor.8714 T he Accused also den ied the allegation that he sent a message to Sam Bock arie through Daniel Tamba (a.k.a. Jungle). T he Accused testified that he had never known Ta rnba, and that he heard this nam e for the first time in co urt.8715 T he Accused asserted that he was not in co mmunication with Sanko h or Bockarie after Sankohs arrest in N ige ria, and that he was not .IIl VO Ive d iIII any RUF promotions. .87 16 Defe nce Witn ess C harles Ngebeh X/Og TF I- 168. Tran scrip t 22 January 2009. pp. 23311-23312 (CS) . X70" TF1- 168, Tra nscript 26 January 2009, pp. 235 19-23520 (CS). X710 Dauda Aruna Fomi e. Transcript 1 December 2008. pp. 2 1400-2 1405. X711 Alimamy Bobson Sesay, Transcrip t 17 April 2008. pp. 7872-7873 . xm Charles Ghankay Taylor. Transcript 28 October 2009. pp. 3052 7-30530: Transcript I October 2009. p. 30086. 8m Charles Ghankay Tay lor, Transcript 28 October 2009. pp. 30527-30529. 30534. 8714 Charles Ghankay Taylor. Transcript 28 Octo ber 2009. pp. 3053 1-30532. '1l' Charles Ghankay Tay lor. Transcript 14 September 2009 . p. 287 17: Transcript 28 October 2009 . p. 30530. X7 10 Charles Ghankay Taylor. Transcript 2 November 2009. pp. 30859-30860: Transcript 28 October 2009 . pp. 30530-30532 . 1344 Case No.: SCSL -03-0 1-'1' 18 May 2012 OPERATIONAL SUPPORT 38 19. Witness C harles Ngebeh testified that in May 1997 he was in Giema when he heard , on the Sierra Leone Broadcastin g Service. a recorded message from Foday Sankoh stati ng that the war was over and instructing the RUF to co me out of the bush and join the AFRC in 7 Freetown.871 Defen ce Witn ess Favia Musa 3820. Witness Fayia Musa denied that Foday Sank oh transmitted messages through NPFL radio netw orks, say ing that he had other ways of co mmunicating with RUF members. Musa testified that when Foda y Sankoh was arrested in Nigeria, he was detained in a hotel. 8718 Following Sankoh 's arrest, Musa and other RUF colleagues held a press conference, in which they revoked their support for Foday Sankoh as leader of the RUF. 8719 Sankoh immediatel y called the witn ess on the teleph one and told him that he was " play ing with fire" . Sankoh a lso, the witness testified, telephoned the radio operator at his house in Abidjan, Juliet James, and told her to order Mike Larnin, who was also in Abidjan, to beat Philip Palmer and his wife to death. Juliet James then told Musa of this message.R72O Finally, he told the operator to give Sam Bockarie and !ssa Sesay a message that his arrest had been orchestrated by the Externa l Delegation. Y" 382 1. Musa also denied the verac ity of Augustine Mallah's claim that he was present when Action Man connected Sanko h and Bockarie on the radio at Cisses house in Cote d '! voire. First, Musa denied that Mus a Cisse had a radio operator named "A ction Man", stating that instead his operator was named "Cassell ".8722 Second , Musa stated that at the time of Sankoh's arrest, he had severa l other ways of co mmunicating and did not need to use Cisses radio. When Foday Sank oh arrived in Cote d'Ivoire in March 1996, he brought with him two radios and several radi o operators, including Juliet Gbessy James, Martin Moin ama, Memunatu Deen, Eddie Murphy, and Daud a Aruna Fomie (a.k.a. " DAF"). One radi o was set up at Phillip Palmer 's house in Danane, and the other was in Abidjan at Sankoh 's ' 717 Cha rles Ngebeh, T ransc ript 23 March 20 10. pp. 37858-3 7860 871K Fay ia MUS,L Transcript 15 April 2010, p. 39 100. ' 710 Fayi a MUSfL Tra nscript 15 April 20 10. p. 39 10 1. KJ20 Fayia M USfL Tra nsc ript 15 April 20 I 0, pp . 39 105-39107. KJ2I Fayia Musa, Tra nscript 15 April 20 10, pp. 39 I05-3910 7: T ranscri pt 2 1 April 20 10, pp. 39525-39526. 8722 Fayia Musa, Transc ript 2 1 April 20 10, p. 39565. 1345 Case No .: SCSL -0 3-0 I- T 18 May 20 12