VZCZCXRO6608
RR RUEHMA RUEHPA
DE RUEHFN #0072 0561720
ZNR UUUUU ZZH
R 251720Z FEB 08 ZDK
FM AMEMBASSY FREETOWN
TO RUEHC/SECSTATE WASHDC 1721
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHTC/AMEMBASSY THE HAGUE 0081
RUCNDT/USMISSION USUN NEW YORK 0275

UNCLAS FREETOWN 000072 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR AF/W, S/WCI WILLIAMSON/GOREY 
USUN NEW YORK FOR HILLMAN 
 
E.O. 12958 N/A 
TAGS: PREL PGOV KAWC KJUS PHUM SL
SUBJECT:  SCSL APPEALS CHAMBER DELIVERS FINAL JUDGMENT IN AFRC CASE 
 
¶1.  SUMMARY: The Appeals Chamber of the Special Court for Sierra 
Leone (SCSL) handed down its first judgment on February 22, 
upholding lengthy sentences for three former leaders of the Armed 
Forces Revolutionary Council (AFRC). The Court effectively dismissed 
all of the Defense grounds of appeal, and though the Prosecution's 
appeal succeeded in part, no amendments were made to the convictions 
entered or sentences. An appeal related to the separation of the 
crime of forced marriage from the overarching charge of sexual 
slavery was upheld, which will have a lasting impact on 
international jurisprudence. END SUMMARY. 
 
¶2.  The SCSL Appeals Chamber ruled on the grounds of appeal 
submitted by Prosecution and Defense for the AFRC verdicts on 
February 22. Alex Tamba Brima, Brima Bazzy Kamara, and Santigie 
Borbor Kanu were convicted in June, 2007, on 11 of 14 counts of war 
crimes, crimes against humanity, and other serious violations of 
international humanitarian law. Brima and Kanu both received 
sentences of 50 years, while Kamara received a 45 year sentence. 
 
¶3.  The Appeals Chamber rejected nearly all grounds of appeal 
brought by the defendants (NOTE: The Trial Judgment was amended to 
reflect a decision that Counts 9, 12, and 13 of Kamara's conviction 
should have been under Article 6(3) as opposed to Article 6(1) of 
the Statute of the SCSL. This is a technical change that has no 
meaningful impact on the conviction or sentencing. END NOTE), and 
noted that some of the appeals filed were either grossly defective 
or inappropriate, based on past determinations. All convictions were 
thus upheld, and the sentences unchanged as a result of the appeals 
process. 
 
¶4.  The Prosecution's appeals were also largely struck down, with 
one notable exception: Ground Seven was upheld, finding that forced 
marriage is a separate crime against humanity from other inhumane 
acts, and that it should not have been subsumed as part of the 
sexual slavery charge.  The Chamber noted that defining forced 
marriage in sexual terms is misleading, as this kind of relationship 
need not always involve sexual acts. While this decision has no 
impact on the AFRC convictions, it is the first such finding by any 
international court, and sets a precedent for other international 
tribunals and criminal proceedings. 
 
¶5.  Members of the Prosecution team expressed general satisfaction 
with the decisions in an informal meeting with poloff, though one 
particular rejection is seen by some to be a cause for concern. 
Ground Five, considering enslavement crimes as acts of terrorism, 
was rejected on the grounds that the accused had already been 
convicted of terrorism and collective punishments. The Chamber 
stated that it was "fruitless" to make findings of other acts of 
terrorism or collective punishments. Prosecution team members voiced 
concern that this judgment will be interpreted in the future as a 
finding that mass rape is not an act of terror or collective 
punishment. 
 
¶6.  Poloff did not have an opportunity to meet with the Defense for 
their reactions, but the teams did not express any obvious surprise 
or disappointment during the reading. The defendants themselves 
displayed limited response to the judgment or the gravity of the 
outcome, with Kamara appearing at times to sleep, and Brima smiling 
and waving to family members in the gallery. Kanu was the only 
defendant that appeared engaged, and poloff was told by a member of 
the Prosecution team that Kanu seemed to expect his appeals to 
succeed. Indeed, his defense team filed the most grounds of appeal, 
including those that the Chamber indicated to be the most egregious 
in terms of their level of appropriateness. The family members in 
attendance expressed emotion only once the announcement was made 
that the convictions would be upheld. 
 
¶7.  COMMENT:  The handing down of the first appeals decision for the 
SCSL was a milestone event in the life of the Court, and set a 
precedent for future trials with regards to the issue of forced 
marriage. The speed with which the appeals judgments were reached 
was noted by many insiders as impressive, which will hopefully bode 
well for future appeals processes and, ultimately, adherence to the 
Completion Strategy. In the same vein, the commencement of the 
prison terms for Brima, Kamara, and Kanu effectively closes the AFRC 
chapter of the trials and brings the Court one large step closer to 
closing its doors - the goal for SCSL and donors alike. END 
COMMENT.