IN SERIES OF CONTROVERSIAL RULINGS, INTERNATIONAL TRIBUNAL REFUSES TO HEAR EVIDENCE RELATING TO SEXUAL VIOLENCE

June 27, 2005 - (U.C. Berkeley War Crimes Studies Center) Breaking from growing international recognition of the gravity of crimes such as rape and sexual enslavement, a decision issued late last week by a trial chamber of the Special Court for Sierra Leone prevents it from hearing evidence of sexual violence in one of its three cases. According to U.C. Berkeley War Crimes Studies Center Director David Cohen, “The Special Court has lost an important opportunity to highlight the nature and scope of sexual violence committed by the CDF and to create accountability for such crimes.” A report issued today by the U.C. Berkeley War Crimes Studies Center summarizes the key issues and the history behind the decision.

The Special Court for Sierra Leone was widely regarded as an effort to end impunity for war crimes and to foster respect for the rule of law in the region. The international tribunal has been established to try perpetrators of a brutal conflict lasting over a decade in this small West African country. In its case against three alleged members of the Civilian Defence Forces (CDF), who fought in support of the government against rebel forces, the prosecution sought to establish that members of a traditional hunting society participated in rapes and other acts
of sexual violence, including forcing women into marriages without
their consent.

Witnesses were called in from small villages to describe how they were brutally gang-raped and “virginated” by members of the Kamajor society. They were told that such testimony was inadmissible in a majority decision issued by the chamber. Previous efforts by the prosecution to add sexual violence counts to their indictment were denied. The prosecution attempted to introduce the evidence as other forms of war crimes under existing counts, including physical violence and mental suffering, but the back-dated decision from the bench prohibited the
Court from hearing any evidence that pertained in any way to sexual violence. It provides the reasoning behind a series of rulings issued at trial which effectively prohibit victims of sexual violence from speaking about the crimes committed against them.

As one of the most impoverished countries in Africa, Sierra Leone does not have the judicial infrastructure to support the prosecution of crimes of sexual violence under its national laws.

For more information contact:

David Cohen, Director of the U.C. Berkeley War Crimes Studies Center:
(510) 642-6614, djcohen@berkeley.edu

Sara Kendall, Sierra Leone Monitor, U.C. Berkeley War Crimes Studies Center:
skendall@uclink.berkeley.edu

Michelle Staggs, Sierra Leone Monitor, U.C. Berkeley War Crimes Studies
Center: slsc@berkeley.edu

To view full U.C. Berkeley War Crimes Studies Center Report, please see: http://socrates.berkeley.edu/~warcrime/Silencing_Sexual_Violence.pdf