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PROSECUTOR v MOININA FOFANA & ORS - ANNEX E - JUDICIALLY NOTED FACTS - Case No. SCSL-04-14-J [2007] SCSL 64 (2 August 2007)

ANNEX E: JUDICIALLY NOTED FACTS

1. During the course of trial, the following facts were judicially noticed as to the truth of their contents:[1]
   
   • (a) The armed conflict in Sierra Leone occurred from March 1991 until January 2002
   • (b) The city of Freetown, the Western Area, and the following districts located in the country of Sierra Leone: Kenema, Bo, Bonthe and Moyamba
   • (c) Sierra Leone acceded to the Geneva Conventions of 12 August 1949 and Additional Protocol II to the Geneva Conventions on 21 October 1986.
   • (d) The junta was forced from power on or about 14 February 1998. President Kabbah’s government returned in March 1998.
   • (e) Groups commonly referred to as the RUF, AFRC, and CDF were involved in armed conflict in Sierra Leone.
     
2. During the course of trial, the following documents were been judicially noticed as to their existence and authenticity:[2]

Reports of the Secretary-general of the United Nations on the Situation in Sierra Leone

(a) 21 November 1995 (S/1995/975)
(b) 5 December 1997 (S/1997/958)
(c) 5 February 1998 (S/1998/103)
(d) 18 March 1998 (S/1998/249)
(e) 9 June 1998 (S/1998/486)
(f) 12 August 1998 (S/1998/750)
(g) 16 October 1998 (S/1998/960)
(h) 16 December 1998 (S/1998/1176)
(i) 4 March 1999 (S/1999/237)
(j) 4 June 1999 (S/1999/645)
(k) 30 July 1999 (S/1999/836)
(l) 6 December 1999 (S/1999/1223)
(m) 19 May 2000 (S/2000/455 )

Other UN reports[3]

(a) UNICEF Press Release, “Stop Using Child Soldiers, Sierra Leone Told,’ 19 June 1997. Comments on recruitment of child soldiers by the AFRC and also states that between 1992 and 1996, 4500 children were forced to fight on the RUF and governmental sides.
(b) UNICEF Monthly Report, “Events Pertaining to Children” 31 July 1999.
Refers to CDF pledge on 18 June 1999 to stop recruitment of children, “Kamajor Action Plan” signed by Hinga Norman.

UN Security Council Resolutions[4]

(a) Res. 1346 (30 March 2001)
(b) Res. 1313 (4 August 2000)
(c) Res. 1306 (5 July 2000)
(d) Res. 1299 (19 May 2000)
(e) Res. 1289 (7 February 2000)
(f) Res. 1270 (22 October 1999)
(g) Res. 1220 (12 January 1999)
(h) Res. 1181 (13 July 1998)
(i) Res. 1132 (8 October 1997)

Maps, Peace Agreements, Treaties[5]

(a) The Lome Peace Accord, The Peace Agreement Between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone (RUF/SL), 7 July 1999.
(b) The Abidjan Peace Accord, The Peace Agreement Between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone (RUF/SL), 30 November 1996.
(c) The Conakry Accord: ECOWAS SIX-MONTH PEACE PLAN FOR SIERRA LEONE 23 OCTOBER 1997-22 APRIL 1998, 23 October 1997.
(d) Ceasefire Agreement Between Government and the Revolutionary United Front, 18 May 1999
(e) Map of Sierra Leone, Scale 1:350,000 UNAMSIL Georgraphic Information Service, 6 May 200.
(f) ICRC List of States party to the Geneva Conventions and their Additional Protocols
(g) Geneva Conventions of 12 August 1949 and their Additional Protocols of 8 June 1997.

[1] Norman, Fofana and Kondewa, SCSL-04-14-PT, Decision on Prosecution Motion for Judicial Notice and Admission of Evidence (TC), 2 June 2004, Annex I and II [Judicial Notice Decision (Trial)] In this decision, the Trial Chamber took judicial notice of several other facts that were held by the Appeals Chamber not to qualify (Norman, Fofana and Kondewa, SCSL-04-14-AR73, Fofana-Decision on Appeal against “Decision on Prosecution’s Motion for Judicial Notice and Admission of Evidence” (AC), 16 May 2005, p. 20 [Judicial Notice Decision (Appeal).
[2] Judicial Notice Decision (Trial), Annex II.

[3] Judicial Notice Decision (Trial), Annex II, pp. 3-4.
[4] Judicial Notice Decision (Trial), Annex II, p. 4. The Appeals Chamber held that the Security Council Resolutions (documents 22-30) qualified for judicial notice once the facts contained therein are extrapolated from each of the Resolutions and recognised as incapable of reasonable dispute (Judicial Notice Decision (Appeal), pp. 20-21).
[5] Judicial Notice Decision (Trial), Annex II, p. 4.