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PROSECUTOR v ISSA HASSAN SESAY & ORS - RULING ON THE PROSECUTION'S APPLICATION FOR THE ENTIRE TESTIMONY OF WITNESS TF1-060 TO BE HEARD IN CLOSED SESSION - Case No. SCSL-04-15-T [2005] SCSL 66 (11 May 2005)

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SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER I

RULING ON THE PROSECUTION’S APPLICATION FOR PORTIONS OF THE TESTIMONY OF WITNESS TF1-060 TO BE HEARD IN CLOSED SESSION

REASONED RULING ON THE PROSECUTION’S APPLICATION ON 29/04/05 FOR PORTIONS OF THE TESTIMONY OF WITNESS TF1-060 TO BE HEARD IN CLOSED SESSION

1. This is the reasoned Ruling of the Trial Chamber on the Prosecution’s application on the 29th April 2005 to hear certain portions of the testimony of Witness TF1-060 in closed session.

2. Mindful of Article 17(2) of the Statute of the Special Court for Sierra Leone which provides that the “accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Court for the protection of victims and witnesses”; and in pursuance of Rules 75 and 79 of the Rules of Procedure and Evidence of the aforesaid Special Court, this Trial Chamber rules that, considering the information disclosed to the Chamber by the Prosecution in support of the said application, the rest of the testimony of Witness TF1-060 shall be heard in closed session.

3. This exceptional procedure is required because, as was submitted by the Prosecution, if the rest of the testimony of the said Witness is heard in public, his identity will thereby be revealed with much likelihood of his safety and that of members of his family being jeopardised due to his membership of a Committee whose functions are relevant for the proof of the Prosecution’s case.
4. In conclusion, it is the considered opinion of the Chamber that if the relevant portions of the witness’ testimony are heard in public, it would lead to his identification and thereby endanger his safety and security and that of members of his family, a matter of grave concern to him.