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PROSECUTOR v ALEX TAMBA BRIMA & ORS - CORRIGENDUM TO JUDGEMENT FILED ON 21 JUNE 2007 - Case No.SCSL-04-16-T [2007] SCSL 1 (19 July 2007)

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SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER II

CORRIGENDUM TO JUDGEMENT FILED ON 21 JUNE 2007

TRIAL CHAMBER II (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”), composed of Justice Julia Sebutinde, Presiding Judge, Justice Teresa Doherty and Justice Richard Lussick;

RECALLING that the Judgement in this case was rendered orally by the Trial Chamber on 20 June 2007 in Freetown, pursuant to Rule 88 of the Rules of Procedure and Evidence of the Special Court;

NOTING that the written Judgement, filed on 21 June 2007, contained certain clerical errors that should be rectified as follows:

1. Paragraph 671 should read:

Therefore, this Trial Chamber endorses the finding of Trial Chamber I that the ambit of acts of terrorism “extends beyond acts or threats of violence committed against protected persons to ‘acts directed against installations [...]” where such acts were committed with the primary purpose of spreading terror amongst the civilian population.

2. In paragraph 951, the first sentence should read “[...] AFRC forces killed at least 145 civilian men, women and children in the city of Freetown and in Kissy in the Western Area, as charged under Counts 4 and 5”;
   
3. Paragraph 1578 should read “The Prosecution has adduced evidence on acts of burning in Freetown. The Trial Chamber will consider this evidence below”;
   
4. In paragraphs 1641, 1686, 1811, 1842, 1904, 1951, 1982, 2015 and 2081 reference to “Counts 3 through 5” should be reference to “Counts 4 through 5”;
   
5. In paragraphs 1674, 1677, 1894 and 2006 reference to “Counts 3 through 5” should be reference to “Count 5”;
   
6. Paragraph 1720 should read:
   

The Prosecution has not adduced any evidence that the Accused Brima planned, instigated or otherwise aided and abetted any of the crimes committed under Counts 1-6, 10 and 14 in Bombali District. The Trial Chamber finds that the Prosecution has not proved any of these modes of criminal responsibility against the Accused Brima for the crimes committed under Counts 1-6, 10 and 14 in Bombali District. In view of the continuing nature of the crimes charged under Counts 9, 12 and 13 and the fact that they span across several Districts, the Trial Chamber will discuss the Accused Brima’s responsibility for these crimes below

7. The word ‘eight’ should be replaced by the word ‘three’ in the heading above paragraph 1780, so as to read “Order to kill three nuns at Kissy Mental Home”;
   
8. Paragraph 1784 should read:

No evidence was adduced that the Accused Brima planned, instigated or otherwise aided and abetted any of the crimes committed under Counts 1-6, 10 and 14 in the Western Area. The Trial Chamber finds that the Prosecution has not proved this mode of criminal responsibility against the Accused Brima in relation to Counts 1-6, 10 and 14 in Freetown and the Western Area. In view of the continuing nature of the crimes charged under Counts 9, 12 and 13 and the fact that they span across several Districts, the Trial Chamber will discuss the Accused Brima’s responsibility for these crimes below.

9. Paragraph 1919 should read “In view of the continuing nature of the crimes charged under Counts 9, 12 and 13 [...]”;
   
10. Paragraph 2105 should read:
    

The Accused Kamara has been found individually criminally responsible pursuant to Article 6(1) of the Statute for offences committed in Bombali District and the Western Area as charged under Count 3, Count 4, Count 5, Count 9, Count 10, Count 12 and Count 13. He has also been found individually criminally responsible pursuant to Article 6(3) for offences committed by his subordinates in Kono District, Bombali District, the Western Area and Port Loko District as charged under Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 9, Count 10, Count 12, Count 13 and Count 14

11. Paragraph 2106 should read:

The Accused Kanu has been found individually criminally responsible pursuant to Article 6(1) of the Statute for offences committed in Bombali District and the Western Area as charged under Count 3, Count 4, Count 5, Count 9, Count 10, Count 12, Count 13 and Count 14. He has also been found individually criminally responsible pursuant to Article 6(3) for offences committed by his subordinates in Bombali District and the Western Area as charged under Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 9, Count 10, Count 12, Count 13 and Count 14.

12. In paragraph 2117, the sentences

Count 1: Acts of Terrorism, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(d) of the Statute;

Count 2: Collective Punishments, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(b) of the Statute;

and further

Count 6: Rape, a Crime against Humanity, pursuant to Article 2(g) of the Statute;

and further

Count 14: Pillage, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(f) of the Statute;

should be removed;

13. In paragraph 2118, the sentences

Count 1: Acts of Terrorism, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(d) of the Statute;

Count 2: Collective Punishments, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(b) of the Statute;

Count 14: Pillage, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(f) of the Statute;

should be inserted at the end of the paragraph;

14. In paragraph 2121, the sentences

Count 1: Acts of Terrorism, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(d) of the Statute;

Count 2: Collective Punishments, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(b) of the Statute;

and further

Count 6: Rape, a Crime against Humanity, pursuant to Article 2(g) of the Statute;

should be removed;

15. In paragraph 2122, the sentences

Count 1: Acts of Terrorism, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(d) of the Statute;

Count 2: Collective Punishments, a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, pursuant to Article 3(b) of the Statute;

should be inserted at the end of the paragraph;

NOTING further that a number of minor typographical errors, which do not warrant an exhaustive listing, require correction;

ANNEXING to this Order a revised Judgement incorporating these amendments and corrections;

HEREBY ORDERS that the revised Judgement be treated as authoritative.

Done at Freetown, Sierra Leone, this 19th day of July 2007.

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