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Since the arrests effected by the Special Court for Sierra Leone on Monday the 10th of March 2003, views have been expressed by some people, more particularly, in respect of a Cabinet Minister, Sam Hinga Norman. It is therefore useful for a statement to be made for the purpose of clarifying issues relevant to the work of the Special Court for Sierra Leone which effected those arrests. It will be recalled that after due sensitisation of the citizenry for the need to bring to an end the culture of impunity, the Government of Sierra Leone and the United Nations concluded an agreement in 2001 under which a Special Court for Sierra Leone was established with powers to try persons who bear the greatest responsibility for the atrocities committed in this country during the civil war for the period commencing 30th November 1996. That Agreement was ratified and enacted by the Sierra Leone Parliament and it thus became law in this country. After the passage of that Act, the sensitisation continued throughout the country for a long period. The Special Court has commenced the performance of its functions and it now appears that it has investigated a number of persons in respect of the offences falling within its mandate. It is as a result of those investigations that the Special Court had ordered the arrest and detention of Mr Sam Hinga Norman and others. It must be stated that the Special Court as established by law is required to act independently of Government or of any person or authority and it is not subject to the direction or control of Government or any person or authority. It acts on its own deliberate judgement. It needs to be emphasized that the purpose for which the Special Court for Sierra Leone was established was to eradicate the culture of impunity and to implant the supremacy of the rule of law in this country. In doing so the court must not only act indiscriminately but must also appear manifestly to be doing so. The other purpose for the establishment of this court is to ensure that peace prevails in this country permanently and this can happen only if, in a passage quoted by the Chief Prosecutor of the Special Court, "we are able to do away with domestic tyranny and violence and aggression by those in power against the rights of their own people and only when we make all men answerable to the law." Finally, it should be stated that the Special Court would have served its intended objective if by the manner in which it carries out its mandate it is able to ensure that peace prevails in this country and that no individual or authority can ever again commit gross human rights violation against any citizen with impunity, whatever his/her status. The Special Court must also be seen not to be administering selective justice. Although Government is not aware of the factual basis for the arrests of the individuals in question, however, the public is entreated to have confidence in the Special Court and in its ability to dispense justice in a fair and objective manner. END OF STATEMENT |
