Case No. SCSL-2003-06-I THE PROSECUTOR OF THE SPECIAL COURT V. ALEX TAMBA BRIMA
MONDAY, 17 MARCH 2003 10.00 A.M. CONTINUED INITIAL APPEARANCE
SCSL
Before the Judges: Benjamin Itoe
For the Registry: Ms Musa Kamara
For the Prosecution: Mr James Johnson Mr Nicholas Browne-Marke
For the accused Alex Tamba Ms Claire Carlton-Hanciles Brima: Ms Haddujatou Kah-Jallow Mr Ibrahim Soire Yillah
ALEX TAMBA BRIMA Page 2 17 MARCH 2003 OPEN SESSION
1 Monday, 17 March 2003
2 [Continued Initial Appearance]
3 [Open session]
4 [The accused Alex Tamba Brima entered court]
5 [Upon commencing at 10.00 a.m.]
6 THE USHER: The Special Court will stand, please.
7 JUDGE ITOE: Please be seated. Please call the first case.
8 MS KAMARA: Case number S -- case number SCSL-06, Alex
9 Tamba Brima, also known as Tamba Alex Brima, also known as
10 Gullit. The Prosecutor against Alex Tamba Brima, also known as
11 Tamba Alex Brima, also known as Gullit.
12 JUDGE ITOE: May I have the cause list, please.
13 Yes, appearances, please.
14 MR JOHNSON: For the Prosecution, James Johnson and
15 Nicholas Browne-Marke.
16 JUDGE ITOE: For the Defence.
17 MS CARLTON-HANCILES: For the Defence, Claire F
18 Carlton-Hanciles.
19 JUDGE ITOE: Yes.
20 MS CARLTON-HANCILES: Haddijatou Kah-Jallow.
21 JUDGE ITOE: That's K-a-h, J-a-l-l-o-w.
22 MS CARLTON-HANCILES: Yes, My Lord.
23 JUDGE ITOE: Yes.
24 MS CARLTON-HANCILES: And Ibrahim S Yillah.
25 JUDGE ITOE: Yillah is Y-i-l-l-a-h.
26 MR YILLAH: Very good, My Lord. Very good.
27 JUDGE ITOE: Stand.
28 [The accused stands]
29 JUDGE ITOE: Are you Alex Tamba Brima?
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 3 17 MARCH 2003 OPEN SESSION
1 THE ACCUSED: I'm Tamba Alex Brima.
2 JUDGE ITOE: Tamba Alex Brima.
3 THE ACCUSED: Yes, Your Lordship.
4 JUDGE ITOE: You have -- you are being represented here by
5 three lawyers. Are you aware of that?
6 THE ACCUSED: Yes, Your Lordship.
7 JUDGE ITOE: This matter was adjourned for a ruling to be
8 made on an application submitted by the Defence on whether there
9 should be an interpreter or not. In accordance with our Rules of
10 Procedure, the Court rules that the accused person is entitled to
11 an interpreter who will conduct the interpretation from English
12 to Krio or vice versa.
13 So have you been served with the charge? Where is the --
14 can you get us an interpreter, please.
15 MS KAMARA: Yes, My Lord. Come up.
16 [The interpreter enters court]
17 JUDGE ITOE: Microphone.
18 MS KAMARA: Are you a Muslim or a Christian?
19 THE INTERPRETER: Christian.
20 MS KAMARA: Christian.
21 THE INTERPRETER: I, Brima K Sesay, an interpreter or a
22 translator, shall solemnly declare to do so faithfully,
23 independently, impartially, and with full respect for the duty of
24 confidentiality, so help me God.
25 MS KAMARA: Sworn on the Bible, My Lord.
26 [The interpreter was sworn]
27 JUDGE ITOE: So the name of the interpreter, what's your
28 name?
29 THE INTERPRETER: Brima K Sesay.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 4 17 MARCH 2003 OPEN SESSION
1 JUDGE ITOE: Brima?
2 THE INTERPRETER: Brima K Sesay.
3 JUDGE ITOE: How do you spell "K"?
4 THE INTERPRETER: Just a "K."
5 JUDGE ITOE: Just "K," just an abbreviation for a name.
6 THE INTERPRETER: Yes.
7 JUDGE ITOE: Can we have the name, please.
8 THE INTERPRETER: Kelson.
9 JUDGE ITOE: Kelson?
10 THE INTERPRETER: Yes, sir.
11 JUDGE ITOE: How do you spell it?
12 THE INTERPRETER: K-e-l-s-o-n.
13 JUDGE ITOE: Mm-hm. Sesay?
14 THE INTERPRETER: S-e-s-a-y.
15 JUDGE ITOE: Let the defendant inform us whether he's been
16 served with a copy of the indictment.
17 THE ACCUSED: [Interpretation] Yes, My Lord.
18 JUDGE ITOE: Has he read that?
19 THE INTERPRETER: He says he's not good at reading.
20 JUDGE ITOE: Has he spoken to his counsel?
21 THE ACCUSED: [Interpretation] Yes.
22 JUDGE ITOE: Have they brought -- have they looked at the
23 indictment?
24 THE ACCUSED: [Krio spoken and no interpretation]
25 JUDGE ITOE: I'm not hearing him. Let him -- speak up.
26 THE ACCUSED: [Interpretation] They will say that.
27 JUDGE ITOE: Where were you before you were brought in
28 detention?
29 THE ACCUSED: [Krio spoken and no interpretation]
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 5 17 MARCH 2003 OPEN SESSION
1 JUDGE ITOE: He should speak out. Even though he's being
2 interpreted, we want to hear him speaking out.
3 THE INTERPRETER: Yes, sir.
4 JUDGE ITOE: Speak out. You're not only talking to him,
5 you know, talk -- let's hear you.
6 THE ACCUSED: I've been in a prison.
7 JUDGE ITOE: Huh?
8 THE ACCUSED: I've been in a prison.
9 THE INTERPRETER: I was in prison.
10 JUDGE ITOE: In Freetown?
11 THE ACCUSED: Yes.
12 JUDGE ITOE: Yes, can counsel -- Madam Hanciles --
13 MS CARLTON-HANCILES: Yes, My Lord.
14 JUDGE ITOE: -- you have gone through the indictment?
15 MS CARLTON-HANCILES: Yes, My Lord. We have actually gone
16 through it completely, and he prefers to have the charges put to
17 him this morning.
18 JUDGE ITOE: In what sense? Of course the charges will be
19 put to him normally.
20 MS CARLTON-HANCILES: Yes. He is not -- he does not mind
21 if the full indictment is not read out to him. He will have the
22 charges read to him in terms of the counts, and he will take his
23 plea.
24 JUDGE ITOE: It is not his preference. We have an
25 obligation here for the indictment to be read to the accused
26 person.
27 MS CARLTON-HANCILES: My Lord, we fully appreciate that.
28 And we've actually had fruitful discussions with him with regard
29 to the whole indictment. And, My Lord, he -- according to what
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 6 17 MARCH 2003 OPEN SESSION
1 we have actually got from him, he will not mind if the counts are
2 put to him and he takes a plea.
3 JUDGE ITOE: Well, the Court rules that, you know, the
4 entire indictment will be read to him.
5 MS CARLTON-HANCILES: Much obliged, My Lord.
6 JUDGE ITOE: And we'll take all the time - we're here for
7 the day - so that he knows precisely the content of the entire
8 indictment that has been brought for him -- against him.
9 MS CARLTON-HANCILES: Much obliged.
10 JUDGE ITOE: Yes. Yes, can you please read the indictment.
11 MS KAMARA: Case number SCSL-06, Prosecutor against Alex
12 Tamba Brima, also known at Tamba Alex Brima, also known as
13 Gullit.
14 Indictment.
15 The Prosecutor, Special Court for Sierra Leone, under
16 Article 15 of the Statute of the Special Court for Sierra Leone
17 (the Statute) charges Alex Tamba Brima, also known as (aka) Tamba
18 Alex Brima, aka Gullit with crimes against humanity, violations
19 of Article 3 Common to the Geneva Conventions and of Additional
20 Protocol II, and other serious violations of international
21 humanitarian law, in violation of Articles 2, 3 and 4 of the
22 Statute as set forth below:
23 The Accused.
24 Alex Tamba Brima, aka Tamba Alex Brima, aka Gullit (the
25 Accused), was born 23 November 1971 at Yaryah Village, Kono
26 District, Republic of Sierra Leone.
27 MS KAMARA: That was 1.
28 2. The Accused joined the Sierra Leone Army (SLA) in April
29 1985 and rose to the rank of Staff Sergeant.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 7 17 MARCH 2003 OPEN SESSION
1 General Allegations.
2 3. At all times relevant to this Indictment, a state of
3 armed conflict existed within Sierra Leone. For the purposes of
4 this Indictment, organised armed factions involved in this
5 conflict included the Revolutionary United Front (RUF), the Civil
6 Defence Forces (CDF) and the Armed Forces Revolutionary Council
7 (AFRC).
8 4. A nexus existed between the armed conflict and all acts
9 or omissions charged herein as violations of Article 3 Common to
10 the Geneva Conventions -- a nexus existed between the armed
11 conflict and all acts or omissions charged herein as violations
12 of Article 3 Common to the Geneva Conventions and of Additional
13 Protocol II and as other serious violations of international
14 humanitarian law.
15 5. The organised armed group that became known as the RUF,
16 led by Foday Saybana Sankoh, aka Popay, aka Papa, aka Pa, was
17 founded about 1988 or 1989 in Libya. The RUF, under the
18 leadership of Foday Saybana Sankoh, began organised operations in
19 Sierra Leone in March 1991. During the ensuing armed conflict,
20 the RUF forces were also referred to as "RUF," "rebels" and
21 "People's Army."
22 6. The CDF was comprised of Sierra Leonean traditional
23 hunters, including the Kamajors, Gbethis, Kapras, Tamaboros and
24 Donsos. The CDF fought against the RUF and AFRC.
25 7. On 30 November 1996, in Abidjan, Ivory Coast, Foday
26 Saybana Sankoh and Ahmed Tejan Kabbah, the President of the
27 Republic of Sierra Leone, signed a peace agreement which brought
28 a temporary cessation to active hostilities. Thereafter, the
29 active hostilities recommenced.
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1 8. The AFRC was founded by members of the Armed Forces of
2 Sierra Leone who seized power from the elected government of the
3 Republic of Sierra Leone via a coup d'etat on 25 May 1997.
4 Soldiers of the Sierra Leone Army (SLA) comprised the majority of
5 the AFRC membership. On that date Johnny Paul Koroma, aka JPK,
6 became the leader and Chairman of the AFRC. The AFRC forces were
7 also referred to as "Junta," "soldiers," "SLA," and "ex-SLA."
8 9. Shortly after the AFRC seized power, at the invitation
9 of Johnny Paul Koroma, and upon the order of Foday Saybana
10 Sankoh, leader of the RUF, the RUF joined the AFRC. The AFRC and
11 RUF acted jointly thereafter.
12 JUDGE ITOE: Excuse me. Just ask him. Is he following the
13 indictment?
14 THE ACCUSED: [Interpretation] Yes.
15 JUDGE ITOE: Go ahead.
16 MS KAMARA: The AFRC/RUF Junta forces (Junta) were also
17 referred to as "Junta," "rebels," "soldiers," "SLA," "ex-SLA" and
18 "People's Army."
19 10. After the 25 May 1997 coup d'etat, a governing body,
20 the Supreme Council, was created within the Junta. The governing
21 body included leaders of both the AFRC and RUF.
22 11. The Junta was forced from power by forces acting on
23 behalf of the ousted government of President Kabbah about 14
24 February 1998. President Kabbah's government returned in March
25 1998. After the Junta was removed from power, the AFRC/RUFF
26 alliance continued.
27 12. On 7 July 1999, in Lome, Togo, Foday Saybana Sankoh
28 and Ahmed Tejan Kabbah, President of the Republic of Sierra
29 Leone, signed a peace agreement. However, active hostilities
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1 continued.
2 13. The Accused and all members of the organised armed
3 factions engaged in fighting within Sierra Leone were required to
4 abide by international humanitarian law and the laws and customs
5 governing the conduct of armed conflicts, including the Geneva
6 Conventions of 12 August 1949, and Additional Protocol II to the
7 Geneva Conventions, to which the Republic of Sierra Leone acceded
8 on 21 October 1986.
9 14. All offences alleged herein were committed within the
10 territory of Sierra Leone after 30 November 1996.
11 15. All acts and omissions charged herein as crimes
12 against humanity were committed as part of a widespread or
13 systematic attack directed against the civilian population of
14 Sierra Leone.
15 16. The words "civilian" or "civilian population" used in
16 this Indictment refer to persons who took no active part in the
17 hostilities, or who were no longer -- who were no longer taking
18 an active part in the hostilities.
19 Individual Criminal Responsibility.
20 17. Paragraphs 1 through 16 are incorporated by reference.
21 Paragraphs 1 through 16, that is all what I have read, are
22 incorporated by reference.
23 18. At all times relevant to this Indictment, Alex Tamba
24 Brima was a senior member of the AFRC, Junta and AFRC/RUF forces.
25 19. The Accused was a member of the group which staged the
26 coup and ousted the government of President Kabbah. Johnny Paul
27 Koroma, Chairman and leader of the AFRC, appointed the Accused a
28 Public Liaison Officer (PLO) within the AFRC. In addition, the
29 Accused was a member of the Junta governing body.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 10 17 MARCH 2003 OPEN SESSION
1 20. Between mid February 1998 and about 30 April 1998,
2 Alex Tamba Brima was in direct command of AFRC/RUF forces in the
3 Kono District. In addition, the Accused was in direct command of
4 AFRC/RUF forces which conducted armed operations throughout the
5 northeastern and central areas of the Republic of Sierra Leone,
6 including, but not limited to, attacks on civilians in Bombali
7 District between about May 1998 and 31 July 1998. As of about 22
8 December 1998, the Accused was in command of AFRC/RUF forces
9 which attacked Freetown on 6 January 1999.
10 21. In the positions referred to in paragraphs 18 through
11 20, Alex Tamba Brima individually, or in concert with Johnny Paul
12 Koroma; Foday Saybana Sankoh; Issa Hassan Sesay, aka Issa Sesay;
13 Sam Bockarie, aka Mosquito, aka Maskita; Morris Kallon, aka Bilai
14 Karim; and/or other superiors in the AFRC, Junta and AFRC/RUF
15 forces, exercised authority, 8 command and control all over --
16 over all subordinate members of the AFRC, Junta and AFRC/RUF
17 forces.
18 22. At all times relevant to this Indictment, the Accused,
19 through his association with the RUF, acted in concert with
20 Charles Ghankay Taylor aka Charles MacArthur Dapkpana Taylor.
21 23. The AFRC, including the Accused, and the RUF shared a
22 common plan, purpose or design (joint criminal enterprise) which
23 was to take any actions necessary to gain and exercise political
24 power and control over the territory of Sierra Leone, in
25 particular the diamond mining areas. The natural resources of
26 Sierra Leone, in particular the diamonds, were to be provided to
27 persons outside Sierra Leone in return for assistance in carrying
28 out the joint criminal enterprise.
29 24. The joint criminal enterprise included gaining and 21
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 11 17 MARCH 2003 OPEN SESSION
1 exercising control over the population of Sierra Leone in order
2 to prevent or minimize resistance to their geographic control,
3 and to use members of the population to provide support to the
4 members of the joint criminal enterprise. The crimes alleged in
5 this Indictment, including unlawful killings, abductions, forced
6 labor, physical and sexual violence, use of child soldiers,
7 looting and burning of civilian structures, were either actions
8 within the joint criminal enterprise or were a reasonably
9 foreseeable consequence of the joint criminal enterprise.
10 25. Alex Tamba Brima, by his acts or omissions, is
11 individually criminally responsible, pursuant to Article 6.1 of
12 the Statute, of the crimes referred to in Articles 2, 3 and 4 of
13 the Statute as alleged in this Indictment, which crimes the
14 Accused planned, instigated, ordered, committed or in whose
15 planning, preparation or execution the Accused otherwise aided
16 and abetted, or which crimes were within a joint criminal
17 enterprise in which the Accused participated or were a reasonably
18 foreseeable consequence of the joint criminal enterprise in which
19 the Accused participated.
20 26. In addition, or alternatively, pursuant to Article 6.3
21 of the Statute, Alex Tamba Brima, while holding positions of
22 superior responsibility and exercising effective control over his
23 subordinates, is individually criminally responsible for the
24 crimes referred to in.
25 Articles 2, 3 and 4 of the Statute. The Accused is
26 responsible for the criminal acts of his subordinates in that he
27 knew or had reason to know that the subordinate was about to
28 commit such acts or had done so and the Accused failed to take
29 the necessary and reasonable measures to prevent such acts or to
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1 punish the perpetrators thereof.
2 Charges.
3 27. Paragraphs 17 through 26 are incorporated by
4 reference.
5 28. At all times relevant to this Indictment, members of
6 the RUF, AFRC, Junta and/or AFRC/RUF forces (AFRC/RUF),
7 subordinate to and/or acting in concert with Alex Tamba Brima,
8 conducted armed attacks throughout the territory of the Republic
9 of Sierra Leone, including, but not limited to, Bo, Kono, Kenema,
10 Bombali and Kailahun Districts and Freetown. Targets of the
11 armed attacks included civilians and humanitarian assistance
12 personnel and peacekeepers assigned to the United Nations Mission
13 in Sierra Leone (UNAMSIL), which had been created by United
14 Nations Security Council Resolution 1270 (1999).
15 29. These attacks were carried out primarily to terrorize
16 the civilian population, but also were used to punish the
17 population for failing to provide sufficient support to the
18 AFRC/RUF, or for allegedly providing support to the Kabbah
19 government or to pro-government forces. The attacks included
20 unlawful killings, physical and sexual violence against civilian
21 men, women and children, abductions and looting and destruction
22 of civilian property. Many civilians saw these crimes committed;
23 others returned to their homes or places of refuge to find the
24 results of these crimes - dead bodies, mutilated victims and
25 looted and burnt property.
26 30. As part of the campaign of terror and punishment the
27 AFRC/RUF routinely captured and abducted members of the civilian
28 population. Captured women and girls were raped; many of them
29 were abducted and used as sex slaves and as forced labor. Some
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1 of these women and girls were held captive for years. Many and
2 boys who were abducted were also used as forced labor; some of
3 them were also held captive for years. Many abducted boys and
4 girls were given combat training and used in active fighting.
5 AFRC/RUF also physically mutilated men, women and children,
6 including amputating their hands or feet and carving "AFRC" and
7 "RUF" on their bodies.
8 Counts 1 to 2 -- inform him when I'm done this, His
9 Lordship will ask him to plead to the counts, one after the
10 other. So listen carefully.
11 Counts 1 to 2: Terrorizing the Civilian Population and
12 Collective Punishments.
13 31. Members of the AFRC/RUF subordinate to and/or acting
14 in concert with Alex Tamba Brima committed the crimes set forth
15 below in paragraphs 32 through 57 and charged in Counts 3 through
16 13 as part of a campaign to terrorize the civilian population of
17 the Republic of Sierra Leone, and did terrorize that population.
18 The AFRC/RUF also committed the crimes to punish the civilian
19 population for allegedly supporting the elected government of
20 President Ahmed Tejan Kabbah and factions aligned with that
21 government, or for failing to provide sufficient support to the
22 AFRC/RUF. By his acts or omissions in relation but not limited
23 to these events, Alex Tamba Brima, pursuant to Article 6.1 and,
24 or alternatively, Article 6.3 of the Statute, is individually
25 criminally responsible for the crimes alleged below:
26 Count 1: Acts of terrorism, a violation of Article 3
27 Common to the Geneva Conventions and of Additional Protocol II,
28 punishable under Article 3.d of the Statute.
29 JUDGE ITOE: Now, that is Count 1. Are you guilty or not
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1 guilty?
2 THE ACCUSED: Not guilty, Your Lordship.
3 THE INTERPRETER: Not guilty, Your Lordship.
4 JUDGE ITOE: All right. Count 2.
5 MS KAMARA: Count 2: Collective punishments, a violation
6 of Article 3 Common to the Geneva Conventions and of Additional
7 Protocol II, punishable under Article 3.b of the Statute.
8 THE INTERPRETER: Take it slowly.
9 MS KAMARA: Count 2: Collective punishments, a violation
10 of Article 3 Common to the Geneva Conventions and of Additional
11 Protocol II, punishable under Article 3.b of the Statute.
12 JUDGE ITOE: Ask him if he's guilty or not guilty. Are you
13 guilty or not guilty?
14 THE ACCUSED: Not guilty, My Lord.
15 THE INTERPRETER: Not guilty, My Lord.
16 MS KAMARA: Counts 3 to 5: Unlawful Killings.
17 32. Victims were routinely shot, hacked to death and
18 burned to death. Unlawful killings included, but were not
19 limited to, the following:
20 Bo District.
21 33. Between 1 June 1997 and 30 June 1997, AFRC/RUF
22 attacked Tikonko, Telu, Sembehun, Gerihun, Mamboma, unlawfully
23 killing an unknown number of civilians;
24 Kenema District.
25 34. Between about 25 May 1997 and about 19 February 1998,
26 in locations including Kenema Town, members of AFRC/RUF
27 unlawfully killed an unknown number of civilians;
28 Kono District.
29 35. About mid February 1998, AFRC/RUF fleeing from
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1 Freetown arrived in Kono District. Between about 14 February
2 1998 and 30 June 1998, members of AFRC/RUF unlawfully killed
3 several hundred civilians in various locations in Kono District,
4 including Koidu, Tombodu, Foindu, Willifeh, Mortema and Biaya;
5 Bombali District.
6 36. Between about 1 May 1998 and 31 July 1998 -- 31 July
7 1998, in locations including Karina, members of AFRC/RUF
8 unlawfully killed an unknown number of civilians;
9 Freetown.
10 37. Between 6 January 1999 and 31 January 1999, AFRC/RUF
11 conducted armed attacks throughout the city of Freetown. These
12 attacks included large-scale unlawful killings of civilian men,
13 women and children at locations throughout the city, including
14 the State House, Parliament building, Connaught Hospital, and the
15 Kissy, Fourah Bay, Upgun, Calaba Town and Tower Hill areas of the
16 city. By his acts or omissions in relation but not limited to
17 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
18 alternatively, Article 6.3 of the Statute, is individually
19 criminally responsible for the crimes alleged below:
20 Count 3: Extermination, a crime against humanity,
21 punishable under Article 2.b of the Statute.
22 JUDGE ITOE: Are you guilty or not guilty?
23 THE ACCUSED: Not guilty.
24 JUDGE ITOE: Hmm?
25 THE ACCUSED: Not guilty, Your Honour.
26 THE INTERPRETER: Not guilty.
27 JUDGE ITOE: Go ahead.
28 MS KAMARA: In addition, or in the alternative:
29 Count 4: Murder, a crime against humanity, punishable
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1 under Article 2.a of the Statute.
2 JUDGE ITOE: Are you guilty or not guilty?
3 THE ACCUSED: Not guilty, Your Lordship.
4 MS KAMARA: In addition, or in the alternative:
5 Count 5: Violence to life, health and physical or mental
6 well-being of persons, in particular murder, a violation of
7 Article 3 Common to the Geneva Conventions and of Additional
8 Protocol II, punishable under Article 3.a of the Statute.
9 JUDGE ITOE: Are you guilty or not guilty?
10 THE ACCUSED: Not guilty, Your Lordship.
11 MS KAMARA: Counts 6 to 8: Sexual Violence.
12 38. Widespread sexual violence committed against civilian
13 women and girls included brutal rapes, often by multiple rapists.
14 Acts of sexual violence included, but were not limited to, the
15 following:
16 Kono District.
17 39. Between about 14 February 1998 and 30 June 1998,
18 members of AFRC/RUF raped hundreds of women and girls at various
19 locations throughout the District, including Koidu, Tombodu,
20 Kiss-town (or Kissy Town), Foendor (Foendu), Tomendeh, Fokoiya,
21 Wondedu, and AFRC/RUF camps such as "Superman camp" and
22 Kissi-town (or Kissy Town) camp. An unknown number of women and
23 girls were abducted from various locations within the District
24 and used as sex slaves;
25 Bombali District.
26 40. Between about 1 May 1998 and 31 July 1998, members of
27 AFRC/RUF raped an unknown number of women and girls in locations
28 such as Mandaha. In addition, an unknown number of abducted
29 women and girls were used as sex slaves;
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1 Kailahun District.
2 41. At all times relevant to this Indictment, an unknown
3 number of women and girls in various locations in the District
4 were subjected to sexual violence. Many of these victims were
5 captured in other areas of the Republic of Sierra Leone, brought
6 to AFRC/RUF camps in the District, and used as sex slaves;
7 Freetown.
8 42. Between 6 January 1999 and 31 January 1999, members of
9 AFRC/RUF raped hundreds of women and girls throughout the
10 Freetown area, and abducted hundreds of women and girls and used
11 them as sex slaves.
12 By his acts or omissions in relation but not limited to
13 these events, Alex Tamba Brima, pursuant to Article 6.1 --
14 JUDGE ITOE: Just hold on, just hold on. I imagine -- who
15 are you?
16 MR. JENKINS-JOHNSTON: Me, sir?
17 JUDGE ITOE: Yes.
18 MR. JENKINS-JOHNSON: I'm representing Chief Norman.
19 JUDGE ITOE: You are counsel representing Chief Norman.
20 MR. JENKINS-JOHNSTON: Yes, My Lord.
21 JUDGE ITOE: Just take a seat there.
22 MS KAMARA: Freetown.
23 42. Between 6 January 1999 and 31 January 1999, members of
24 AFRC/RUF raped hundreds of women and girls throughout the
25 Freetown area, and abducted hundreds of women and girls and used
26 them as sex slaves.
27 By his acts or omissions but not limited to these events,
28 Alex Tamba Brima, pursuant to Article 6.1 and, or alternatively,
29 Article 6.3 of the Statute, is individually criminally
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1 responsible for the crimes alleged below:
2 Count 6: Rape, a crime against humanity, punishable under
3 Article 2.g of the Statute.
4 JUDGE ITOE: Are you guilty or not guilty?
5 THE ACCUSED: Not guilty, Your Lordship.
6 THE INTERPRETER: Not guilty, Your Lordship.
7 MS KAMARA: Count 7: Sexual slavery and any other form of
8 sexual violence, a crime against humanity, punishable under
9 Article 2.g of the Statute.
10 JUDGE ITOE: Guilty or not guilty?
11 THE ACCUSED: Not guilty, Your Lordship.
12 MS KAMARA: In addition, or in the alternative:
13 Count 8: Outrages upon personal dignity, a violation of
14 Article 3 Common to the Geneva Conventions and of Additional
15 Protocol II, punishable under Article 3.e of the Statute.
16 JUDGE ITOE: Are you guilty or not guilty?
17 THE ACCUSED: Not guilty, Your Lordship.
18 MS KAMARA: Counts 9 to 10: Physical Violence.
19 43. Widespread physical violence, including mutilations,
20 was committed against civilians. Victims were often brought to a
21 central location where mutilations were carried out. These acts
22 of physical violence included, but were not limited to, the
23 following:
24 Kono District.
25 44. Between about 14 February 1998 and 30 June 1998,
26 AFRC/RUF mutilated an unknown number of civilians in various
27 locations in the District, including Tombodu, Kaima (or Kayima)
28 and Wondedu. The mutilations included cutting off limbs and
29 carving "AFRC" and "RUF" on the bodies of the civilians;
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1 Freetown.
2 45. Between 6 January 1999 and 31 January 1999, AFRC/RUF
3 mutilated an unknown number of civilian men, women and children
4 in various areas of Freetown, including the northern and eastern
5 areas of the city, and the Kissy area, including the Kissi mental
6 hospital. The mutilations included cutting off limbs.
7 By his acts or omissions in relation but not limited to
8 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
9 alternatively, Article 6.3 of the Statute, is individually
10 criminally responsible for the crimes alleged below:
11 Count 9: Violence to life, health and physical or mental
12 well-being of persons, in particular mutilation, a violation of
13 Article 3 Common to the Geneva Conventions and of Additional
14 Protocol II, punishable under Article 3.a of the Statute.
15 JUDGE ITOE: Are you guilty or not guilty?
16 THE ACCUSED: Not guilty, My Lordship.
17 MS KAMARA: In addition, or in the alternative:
18 Count 10: Other inhumane acts, a crime against humanity,
19 punishable under Article 2.i of the Statute.
20 Count 11 --
21 JUDGE ITOE: Are you guilty or not guilty?
22 THE ACCUSED: Not guilty, Your Lordship.
23 MS KAMARA: Count 11: Use of Child Soldiers.
24 JUDGE ITOE: Tell the accused to not say My Worship but My
25 Lordship.
26 THE INTERPRETER: Yes, My Lord. [Krio spoken].
27 JUDGE ITOE: Count 11, yes, go ahead.
28 MS KAMARA: Count 11. Use of Child Soldiers.
29 46. At all times relevant to this Indictment, throughout
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 20 17 MARCH 2003 OPEN SESSION
1 the Republic of Sierra Leone, AFRC/RUF routinely conscripted,
2 enlisted and/or used boys and girls under the age of 15 to
3 participate in active hostilities. Many of these children were
4 first abducted, then trained in AFRC/RUF camps in various
5 locations throughout the country, and thereafter used as
6 fighters.
7 By his acts or omissions in relation but not limited to
8 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
9 alternatively, Article 6.3 of the Statute, is individually
10 criminally responsible for the crimes alleged below:
11 Count 11: Conscripting or enlisting children under the age
12 of 15 years into armed forces or groups, or using them to
13 participate actively in hostilities, an other serious violation
14 of international humanitarian law, punishable under Article 4.c
15 of the Statute.
16 JUDGE ITOE: Are you guilty or not guilty?
17 THE ACCUSED: Not guilty, my Lordship.
18 MS KAMARA: Not guilty, My Lord.
19 JUDGE ITOE: Yes, I've heard him. Go ahead.
20 MS KAMARA: Count 12: Abductions and Forced Labor.
21 47. At all times relevant to this Indictment, AFRC/RUF
22 engaged in widespread and large-scale abductions and used of
23 civilians -- and use of civilians as forced labor. Forced labor
24 included domestic labor and use as diamond miners. The
25 abductions and forced labor included, but were not limited to,
26 the following:
27 Kenema District.
28 48. Between about 1 August 1997 and about 31 January 1998,
29 AFRC/RUF forced an unknown number of civilians living in the
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 21 17 MARCH 2003 OPEN SESSION
1 District to mine for diamonds at Cyborg Pit in Tongo Field;
2 Kono District.
3 49. Between about 14 February 1998 and 30 June 1998,
4 AFRC/RUF forces abducted hundreds of civilian men, women and
5 children, and took them to various locations outside the
6 District, or to locations within the District such as AFRC/RUF
7 camps, Tombodu, Koidu, Wondedu, Tomendeh.
8 At these locations the civilians were used as forced labor,
9 including domestic labor and as diamond miners in the Tombodu
10 area;
11 Bombali District.
12 50. Between about 1 May 1998 and 31 July 1998, in Bombali
13 District, AFRC/RUF abducted an unknown number of civilians and
14 used them as forced labor;
15 Kailahun District.
16 51. At all times relevant to this Indictment, captured
17 civilian men, women and children were brought to various
18 locations within the District and used as forced labor;
19 Freetown.
20 52. Between 6 January 1996 --
21 JUDGE ITOE: 1999.
22 MS KAMARA: -- 1999 and 31 January 1999, in particular as
23 the AFRC/RUF were being driven out of Freetown, the AFRC/RUF
24 abducted hundreds of civilians, including a large number of
25 children, from various areas within Freetown, including Peacock
26 Farm and Calaba Town. These abducted civilians were used as
27 forced labor.
28 By his acts or omissions in relation but not limited to
29 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 22 17 MARCH 2003 OPEN SESSION
1 alternatively, Article 6.3 of the Statute, is individually
2 criminally responsible for the crimes alleged below:
3 Count 12: Enslavement, a crime against humanity,
4 punishable under Article 2.c of the Statute.
5 JUDGE ITOE: Are you guilty or not guilty?
6 THE ACCUSED: Not guilty, My Lord.
7 MS KAMARA: Count 13: Looting and Burning.
8 53. At all times relevant to this Indictment, AFRC/RUF
9 engaged in widespread unlawful taking and destruction by burning
10 of civilian property. This looting and burning included, but was
11 not limited to, the following:
12 Bo District.
13 54. Between 1 June 1997 and 30 June 1997, AFRC/RUF forces
14 looted and burned an unknown number of civilian houses in Telu,
15 Sembehun, Mamboma, and Tikonko;
16 Kono District.
17 55. Between about 14 February 1998, AFRC/RUF engaged in
18 widespread looting and burning in various locations in the
19 District, including Tombodu, Foindu and Yardu Sando, where
20 virtually every home in the village was looted and burned;
21 Bombali District.
22 56. Between 1 March 1998 and 30 June 1998, AFRC/RUF forces
23 burnt an unknown number of civilian buildings in locations such
24 as Karina;
25 Freetown.
26 57. Between 6 January 1999 and 31 January 1999, AFRC/RUF
27 forces engaged in widespread looting and burning throughout
28 Freetown. The majority of houses that were destroyed were in the
29 area of Kissy and eastern Freetown; other locations included the
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 23 17 MARCH 2003 OPEN SESSION
1 Fourah Bay, Upgun, State House, and Pademba Road areas of the
2 city.
3 By his acts or omissions in relation but not limited to
4 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
5 alternatively, Article 6.3 of the Statute, is individually
6 criminally responsible for the crimes alleged below:
7 Count 13: Pillage, a violation of Article 3 Common to the
8 Geneva Conventions and of Additional Protocol II, punishable
9 under Article 3.f of the Statute.
10 JUDGE ITOE: Are you guilty or not guilty?
11 THE ACCUSED: Not guilty, My Lord.
12 JUDGE ITOE: Hmm?
13 THE ACCUSED: Not guilty, My Lord.
14 MS KAMARA: Counts 14 to 17: Attacks on UNAMSIL Personnel.
15 58. Between about 15 April 2000 and about 15 September
16 2000, AFRC/RUF engaged in widespread attacks against UNAMSIL
17 peacekeepers and humanitarian assistance workers within the
18 Republic of Sierra Leone, including, but not limited to locations
19 within Bombali, Kailahun, Kambia, Port Loko, and Kono Districts.
20 These attacks included unlawful killing of UNAMSIL peacekeepers,
21 and abducting hundreds of peacekeepers and humanitarian
22 assistance workers who were then held hostage.
23 By his acts or omissions in relation but not limited to
24 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
25 alternatively, Article 6.3 of the Statute, is individually
26 criminally responsible for the crimes alleged below:
27 Count 14: Intentionally directing attacks against
28 personnel --
29 MS CARLTON-HANCILES: Excuse me, My Lord. We are supposed
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 24 17 MARCH 2003 OPEN SESSION
1 to take a plea to 13.
2 JUDGE ITOE: Ms. Carlton.
3 MS CARLTON-HANCILES: Yes, My Lord. We have yet to take a
4 plea to Count 13.
5 JUDGE ITOE: Yes, we should do that.
6 MS KAMARA: We are now coming to 14. We took his please on
7 13.
8 JUDGE ITOE: That was -- that was on what count, Count 14?
9 MS KAMARA: We are moving to 14. We took his plea on 13.
10 He pleaded to 13 already.
11 JUDGE ITOE: I think he pleaded to 13 already. You're not
12 certain he pleaded to 13?
13 MS CARLTON-HANCILES: No, we are only concerned that the
14 pleas be properly taken at this stage.
15 JUDGE ITOE: Yes.
16 MS CARLTON-HANCILES: According to your records, My Lord,
17 if he pleaded to 13, we're much obliged.
18 JUDGE ITOE: Well, let us to be very sure that he pleaded
19 to 13.
20 Can we take 13 over again.
21 THE COURT REPORTER: It's in the record, My Lord.
22 JUDGE ITOE: It's in the record?
23 THE COURT REPORTER: Yes.
24 JUDGE ITOE: That he pleaded?
25 THE COURT REPORTER: Yes.
26 JUDGE ITOE: It's on the record.
27 THE COURT REPORTER: It's on the record.
28 JUDGE ITOE: But please let us have it again on the record,
29 Count 13. Take 13 over again.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 25 17 MARCH 2003 OPEN SESSION
1 MS KAMARA: Okay.
2 Count 13: Pillage, a violation of Article 3 Common to the
3 Geneva Conventions and of Additional Protocol II, punishable
4 under Article 3.F of the Statute.
5 JUDGE ITOE: Are you guilty or not guilty?
6 THE ACCUSED: Not guilty, My Lord.
7 MS CARLTON-HANCILES: Much obliged, My Lord.
8 MS KAMARA: Counts 14 to 17: Attacks on UNAMSIL Personnel.
9 58. Between about 15 April 2000 and about 15 September
10 2000, AFRC/RUF engaged in widespread attacks against UNAMSIL
11 peacekeepers and humanitarian assistance workers within the
12 Republic of Sierra Leone, including, but not limited to locations
13 within Bombali, Kailahun, Kambia, Port Loko, and Kono Districts.
14 These attacks included unlawful killing of UNAMSIL peacekeepers,
15 and abducting hundreds of peacekeepers and humanitarian
16 assistance workers who were then held hostage.
17 By his acts or omissions in relation but not limited to
18 these events, Alex Tamba Brima, pursuant to Article 6.1 and, or
19 alternatively, Article 6.3 of the Statute, is individually
20 criminally responsible for the crimes alleged below:
21 Count 14: Intentionally directing attacks against
22 personnel involved in the humanitarian assistance or peacekeeping
23 mission, an other serious violation of international humanitarian
24 law, punishable under Article 4.b of the Statute.
25 JUDGE ITOE: Are you guilty or not guilty?
26 THE ACCUSED: Not guilty, My Lord.
27 MS KAMARA: In addition, or in the alternative:
28 Count 15: For the unlawful killings, murder, a crime
29 against humanity, punishable under Article 2.a of the Statute.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 26 17 MARCH 2003 OPEN SESSION
1 JUDGE ITOE: Are you guilty or not guilty?
2 THE ACCUSED: Not guilty, My Lord.
3 MS KAMARA: In addition, or in the alternative:
4 Count 16: Violence to life, health and physical or mental
5 well-being of persons, in particular murder, a violation of
6 Article 3 Common to the Geneva Conventions and of Additional
7 Protocol II, punishable under Article 3.a of the Statute.
8 JUDGE ITOE: Are you guilty or not guilty?
9 THE ACCUSED: Not guilty, My Lord.
10 MS KAMARA: In addition, or in the alternative -- in
11 addition or in the alternative:
12 Count 17: For the abductions and holding of hostage,
13 taking of hostages, a violation of Article 3 Common to the Geneva
14 Conventions and of Additional Protocol II, punishable under
15 Article 3.c of the Statute. Dated this --
16 JUDGE ITOE: No, no. Are you guilty or not guilty?
17 THE ACCUSED: Not guilty, My Lord.
18 JUDGE ITOE: We've come to the end of -- yes, read it.
19 MS KAMARA: Dated this 3rd day of March, 2003. Freetown,
20 Sierra Leone. David M. Crane, the Prosecutor.
21 JUDGE ITOE: Yes. May I call on -- I want to have it on
22 record. I understand the accused to have pleaded not guilty to
23 all the 17 counts.
24 THE ACCUSED: I'm not guilty of all.
25 THE INTERPRETER: I'm not guilty of all.
26 JUDGE ITOE: And I understand that he has understood the
27 nature of the charges preferred against him, as have been
28 explained to him.
29 THE ACCUSED: I understand.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 27 17 MARCH 2003 OPEN SESSION
1 THE INTERPRETER: I understand.
2 JUDGE ITOE: Yes. Have counsel for the Prosecution any
3 observations to make at this stage?
4 MR JOHNSON: No, Your Honour.
5 MS CARLTON-HANCILES: Not at this stage, My Lord.
6 JUDGE ITOE: Not at this stage.
7 MS CARLTON-HANCILES: Much obliged.
8 JUDGE ITOE: All right.
9 This matter will be stood down and it will called up later
10 in the course of the day for the necessary orders that have to be
11 made in relation to the pursuit of the proceedings. The matter
12 is stood down and the accused is dispensed of any further
13 attendance today. But if need arises, we'll obviously ask him to
14 come.
15 MS CARLTON-HANCILES: My Lord, may I be heard.
16 JUDGE ITOE: Yes.
17 MS CARLTON-HANCILES: My Lord, before you identify his
18 declaration of means made by the accused, together with the
19 request for legal assistance, My Lord, I do not know whether it
20 would please you to consider it either at this stage or later in
21 the afternoon.
22 JUDGE ITOE: You are saying you're not sure of the -- he
23 has made an application for legal assistance.
24 MS CARLTON-HANCILES: Yes, My Lord.
25 JUDGE ITOE: And he's receiving the assistance, pending the
26 investigations --
27 MS CARLTON-HANCILES: Much obliged, My Lord.
28 JUDGE ITOE: -- which are being carried on by the Registrar
29 of the court.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 28 17 MARCH 2003 OPEN SESSION
1 MS CARLTON-HANCILES: Much obliged, My Lord.
2 JUDGE ITOE: This assistance he's receiving will continue
3 until when we would have had a report on the Registrar on his
4 investigations as to the means of the accused person.
5 MS CARLTON-HANCILES: Much obliged, My Lord.
6 JUDGE ITOE: The assistance will continue. But whatever be
7 the case, you can come up with any subsequent application or
8 observation when the matter comes up later in the day.
9 MS CARLTON-HANCILES: Much obliged, My Lord.
10 JUDGE ITOE: The matter is stood down and it will be called
11 up again in the course of the day.
12 --- The matter was stood down at 11:34 a.m.
13 --- The matter was recalled at 1:45 p.m.
14 THE USHER: Special Court, all rise.
15 JUDGE ITOE: Please be seated. What time is it?
16 MS KAMARA: Quarter to two.
17 JUDGE ITOE: As counsel will appreciate, we are coming --
18 virtually coming to the end of the pre-trial process that has
19 kept us here up to now. I would need to hear from counsel on
20 both sides as to the possible dates which will be retained for
21 the purposes of the trial.
22 I am coming to case number SCSL-2003-06-01, Alex Tamba
23 Brima. I had as appearances for the Defence, Ms Carlton
24 appearing with Ms Jallow and Mr Yillah.
25 We have dispensed with the attendance of the accused
26 persons. As far as this matter is concerned, and particularly as
27 far as the issue of legal aid is concerned, the Court confirms
28 any legal assistance will continue -- will continue to go on
29 until such time that the Registrar will be ready with the results
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 29 17 MARCH 2003 OPEN SESSION
1 of his -- of the investigations. Because the crimes are of such
2 a serious nature that we need -- the accused needs to have his
3 rights to a lawyer, to a Defence counsel, to be fully protected.
4 This is the situation. Whilst we are still on this case, I do
5 not know what your attitude is to the dates of adjournment, you
6 know, for a possible take-off of the trial.
7 Can I hear from the Prosecution, please.
8 MR JOHNSON: Yes, Your Honour, and I appreciate that of
9 course it's very hard to talk about scheduling a specific trial
10 date at this particular time. Maybe it would be most appropriate
11 to look at a Status Conference in the near future, and then we
12 could -- we could see then, of course, how the Defence is
13 progressing and how the Registry has come with their means
14 determination and where we stand on Defence counsel.
15 As I stated earlier, we still, of course, intend to proceed
16 with our obligations for disclosure under Rule 66, but a Status
17 Conference might be more in order.
18 JUDGE ITOE: Defence?
19 MR YILLAH: Yes, My Lord. I concur with the Prosecution in
20 that regard, My Lord. Rule 65bis is very clear --
21 JUDGE ITOE: The microphone is running away from you.
22 MR YILLAH: My Lord, I think Rule 65bis is instructive on
23 this point. I think it also states a time limit within which
24 Your Lordship can instruct a date, and within 60 days of the
25 Initial Appearance.
26 JUDGE ITOE: Yes, right. Well -- right, well, on the
27 possible date of the formalities, this matter is adjourned to
28 Friday, the 21st of March, 2003, for a ruling and a directive on
29 the issue. This matter is adjourned to the 21st of March, 2003.
SPECIAL COURT FOR SIERRA LEONE ALEX TAMBA BRIMA Page 30 17 MARCH 2003 OPEN SESSION
1 I have said the 21st, not the 20th.
2 MS. KAH-JALLOW: At the sitting on Saturday, the 17th, you
3 had made an order for the 20th of March. Is it understood that
4 that is --
5 JUDGE ITOE: It is on the 21st.
6 MS. KAH-JALLOW: So the 20th is no longer in operation.
7 JUDGE ITOE: No, no, I'll come back to that issue in a
8 couple of minutes.
9 MS. KAH-JALLOW: Thank you.
10 JUDGE ITOE: I'll come back to that issue.
11 MS. KAH-JALLOW: As Your Lordship pleases.
12 --- Whereupon the Initial Appearance adjourned at 1:45 p.m.
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