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.