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SPECIAL COURT FOR SIERRA LEONE

JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE

PHONE: +1 212 963 9915 Extension: 178 7000 or +39 0831 257000 or +232 22 295995

FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996


THE APPEALS CHAMBER


Before:

Justice Renate Winter, Presiding

Justice George Gelaga King

Justice Emmanuel Ayoola


Registrar:


Robin Vincent

Date:

13 March 2004

PROSECUTOR

Against

MORRIS KALLON

(Case No. SCSL-2004-15-AR72(E))


BRIMA BAZZY KAMARA

(Case No. SCSL-2004-16-AR72(E))







DECISION ON CHALLENGE TO JURISDICTION: LOMÉ ACCORD AMNESTY



Office of the Prosecutor:




Defence Counsel for Morris Kallon:

Desmond de Silva, QC




James Oury

Luc Côté




Stephen Powles

Walter Marcus-Jones







Abdul Tejan-Cole




Defence Counsel for Brima Bazzy Kamara:







Ken Fleming, QC










Amici Curiae:




Interveners:

Richard Hermer for Redress Trust, Lawyers Committee for Human Rights and the International Commission of Jurists




Andreas O’Shea for Augustine Gbao

Michiel Pestman for Moinina Fofana



Professor Diane Orentlicher

















The APPEALS Chamber of the Special Court for Sierra Leone (“Court” or “Special Court”);

BEING SEIZED of (1) a ‘Preliminary Motion based on lack of Jurisdiction/ Abuse of Process: Amnesty Provided by the Lomé Accord’, filed on behalf of Morris Kallon on 16 June 2003 (“Kallon Preliminary Motion”); and (2) ‘Application by Brima Bazzy Kamara in respect of Jurisdiction and Defects in Indictment’, filed on behalf of Brima Bazzy Kamara on 22 September 2003, section 3 of which raises issues relating to the Lomé Accord amnesty (“Kamara Preliminary Motion”);1

NOTING that the Prosecution Response to the Kallon Preliminary Motion was filed on 23 June 20032, and that the Prosecution Response to the Kamara Preliminary Motion was filed on 29 September 2003;3

NOTING that the Kallon Preliminary Motion was referred to the Appeals Chamber on 30 September 2003 pursuant to Rules 72(E) and (F) of the Rules of Procedure and Evidence for the Special Court for Sierra Leone (“the Rules”), and that the Kamara Preliminary Motion was referred to the Appeals Chamber under Rule 72(E) of the Rules on 9 October 2003; 4

NOTING that oral submissions were heard on 3 and 4 November 2003;

NOTING that Written Defence Submissions in support of Oral Argument were filed on behalf of Kallon on 3 November 20035; that Defence Post-Hearing Written Submissions were filed on behalf of Kallon on 28 November 20036; and that the Prosecution filed its Response thereto on 3 December 2003;7

NOTING that submissions by the Redress Trust, the Lawyer’s Committee for Human Rights and the International Commission of Jurists (“Redress”) as amicus curiae were filed on 24 October 2003, that the application by Redress to make written and oral submissions as amicus curiae was accepted by the Appeals Chamber on 1 November 20038 and that subsequent Post-Hearing Written Submissions were filed by Redress on 21 November 2003;9

NOTING FURTHER that at the invitation of the Appeals Chamber submissions were filed by amicus curiae Professor Diane Orentlicher on 27 October 2003 (“Orentlicher amicus brief”); and that with leave of the Court written submissions were filed on behalf of the accused Moinina Fofana10 and Augustine Gbao11 intervening, in support of oral arguments;

HAVING CONSIDERED THE ORAL AND WRITTEN SUBMISSIONS OF THE PARTIES, AMICI CURIAE AND INTERVENERS;

HEREBY DECIDES:


  1. Grounds of the Preliminary Motion
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