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Winter

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2009-07-16
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2009-07-16
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un-security-council

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  1. Ms. Winter: I do not wish to take up much of the Council's time. We have had a meeting of great importance, especially to the Special Court for Sierra Leone. Once again, I would like to express my gratitude in the name of the Court and thank the Council for the continuous help that we have received so far. I urge the Council not to forget all those Victims and witnesses who risked so much to come forward and help justice to achieve its cause. I urge the Council not to forget us now in our final efforts to complete our work. I thank all its members very much.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  2. Let me conclude by once again expressing my gratitude to the Security Council and Member States for the support that the Special Court has received from the United Nations since its inception. On behalf of the judges and staff of the Special Court, I also wish to convey our utmost gratitude to the Management Committee of the Special Court, as well as to the United Nations Office of Legal Affairs for the invaluable help and advice it has imparted to the Special Court at all times.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  3. To show that it is not only me who believes that the Special Court does effective and competent work, allow me to read out a letter that I received a few days ago: "In New York "Dear Gentlemen and Ladies: "Please accept this small donation to help with the work of your court. It is vitally important you keep up your important work. Thank you for your efforts and please continue to do your work. Thank you. "Enclosed is $20 to help. I know it is a small amount, but maybe if the world Governments do not fund your work, individuals will." Is that not a nice letter? I will keep it with me, bring it to Sierra Leone, together with the $20-bill, and put it in a frame to show our people that they are not alone.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  4. Without the adequate funds, it will be very difficult to retain competent Court personnel who might depart for better-paid and longer-lasting employment, to the detriment of an efficiently run Trial Chamber. Lastly, the Special Court must set up a residual mechanism - the first of its kind - that will be of use to other international courts when they reach their final stages, thus saving significant costs to the international community. The Special Court is an institution that the Council can be proud of. The Court's groundbreaking jurisprudence and its impact on the justice system in Sierra Leone are exemplary achievements. I am as confident as I am hopeful that the international community will allow our effective and competent Court to finalize its mandate successfully.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  5. It is also important to note that fundraising has proven to be a time-consuming and costly endeavour. There is much work to be accomplished over the next 18 months. Most importantly, we must conclude the final case in Sierra Leone, after which the facilities and operations in Freetown will be kept at a minimum provided that we can transfer in a timely manner the convicted persons to an enforcing State. To accomplish that endeavour and assist the host country, the establishment of a trust fund could be envisaged. We must complete the trial of Charles Taylor in The Hague, which is so critical to preserving the fragile peace and stability in West Africa.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  6. A disruption in the proceedings would send the wrong message to the international community, jeopardizing the fight against impunity and potentially calling into question our collective commitment to international justice. In total, the Court will need approximately $30 million to complete its mandate successfully. I would also like to recall that, in the words of resolution 1829 (2008), the Security Council recognizes that "further arrangements will be necessary to address residual matters". Because the necessary residual mechanisms must last as long as victims and witnesses need protection and until every sentence has been served, it will be a great and ongoing challenge to maintain the mechanism in the long term based purely on voluntary contributions.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  7. As members of the Council know, the Special Court is currently funded by voluntary contributions 3 from interested States. Despite efforts by the Court to contain costs and operate as efficiently as possible, the financial situation of the Court is most serious. In March 2009, the Secretary-General wrote to Member States to inform them of his grave concern regarding our funding situation and to seek their urgent support. Based on current available funds, the Court will experience a funding shortfall by the first week of August 2009 - a very short time from now. This shortfall poses the real possibility of disrupting our work, which would have disastrous consequences for the Council's extensive peacebuilding efforts in Sierra Leone and Liberia.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  8. I would like to express particular gratitude for the Council's adoption of resolution 1688 (2006), which requested all States to cooperate in the transfer of Charles Taylor to the Netherlands; the adoption of resolution 1626 (2005), which extended the mandate of the United Nations Mission in Liberia (UNMIL) to include the protection of the Court's premises by a contingent of Mongolian troops; and the adoption of resolution 1750 (2007), mandating UNMIL to provide support to the Special Court for activities conducted in Liberia with the consent of the Liberian Government. Thus, in order to successfully complete its mandate in the coming months, the Special Court continues to rely on the indispensable support of the Security Council and all Member States. Today more than ever before, this request is urgent.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  9. Although a stand-alone residual mechanism will have to be created in the short term, in the long term sharing an administrative stage with another institution should be considered, particularly as many of the residual functions that will be performed by the International Criminal Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia are similar to those of the Special Court. That would help to ensure the sustainability of the successor body in an efficient and cost-effective manner. Assistance given by the Security Council will continue to be as important in the future as it has been in the past. Much of the Special Court's aforementioned success emerged from the generous support of the Security Council on numerous occasions.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  10. To maintain international standards and successfully fulfil its original mandate, the Special Court is still bound by a number of legal obligations that will not terminate after the completion of trials and appeals. Together with its Management Committee, the Special Court has thus worked to determine a suitable arrangement to provide for these obligations, known as residual issues. A small successor body, whose structure will be kept to a bare minimum, will likely need to be established to manage and perform such residual functions, including the enforcement of sentences, maintenance of the Special Court's archives, witness protection and assistance, and the possible trial or transfer of the case of the one indictee at large.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  11. Over the years, the Court has conducted over 10,000 events, including town hall meetings, radio programmes and training sessions at schools, Villages and cities across Sierra Leone and throughout Liberia and Guinea, as well. Additionally, the Special Court is assisting the Government of Siena Leone, wherever possible, in its efforts to ensure the sustainability of the Court site beyond the lifespan of the Court. Several potential uses of the site identified by the Government include, but are not limited to, a regional training centre for the rule of law and a memorial component for commemorating the Victims of the war. 09-40569 Though much has been accomplished, much still needs to be achieved.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  12. Through specific and sustained efforts, the Special Court has transferred expertise to Siena Leoneans Via a number of programmes, including capacity-building and training on police investigations, case management, courtroom interpretation, archiving, witness protection and detention standards. Further, the passage into law of three gender bills by the Sierra Leone Parliament is a direct consequence of the Court's work on gender issues. All three laws will greatly improve the lives of women in Sierra Leone. The Court's Outreach Section, known as its crown jewel, has made our legal proceedings a part of Sierra Leone's national discourse and heritage.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  13. For those reasons in particular, the Special Court is considered to be an exemplary model of international justice. Since its inception, it has achieved many firsts and set many precedents in the development of international criminal law. It handed down the first decision on the non-applicability of national amnesty for international prosecution. It first adjudicated the limitations of immunity of a head of State vis-a-vis an international criminal court, and it is the first court in history to establish as crimes against humanity the forcible recruitment and use of child soldiers, attacks against United Nations peacekeepers and the use of forced marriages, and to convict those responsible accordingly. However, the Special Court's impact on Sierra Leone extends well beyond the findings in its cases.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  14. We project that in February 2011, upon delivery of the appeals judgement in the Taylor case, we will have completed all of the Special Court's judicial activities. It is not easy to fully predict the duration of trials. Judges sitting in a court of law have control over a court's proceedings but cannot violate the rights of the parties to be heard. Nonetheless, it should be noted that the Appeals Chamber has consistently adhered to the allocated time frame set out in the completion strategy. I am rather proud to mention that the Appeals Chamber 09-40569 at the Special Court has never taken longer than five months to conclude any appeal. As such, let me reassure the Council of the Special Court's continued commitment to achieving the aforementioned milestones in a timely and thorough fashion.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  15. Currently, the Appeals Chamber is adjudicating the appeals in the RUF case, and it will deliver its judgement in October of this year. Upon delivery of the RUF appeals judgement, the Special Court will have completed all of the judicial proceedings conducted in Freetown. In our final trial, the Taylor trial, the prosecution closed its case in February this year, and the defence started the presentation of its evidence this week. As Council members may have seen on the news, Charles Taylor is currently on the witness stand, testifying in his own defence. According to the updated completion strategy, the Special Court predicts that the trial judgement will be delivered in the Taylor case in July 2010 and the sentencing judgement, if necessary, one month later.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  16. Two died while in custody, one was killed in Liberia prior to being apprehended, and the whereabouts of another remain unknown. To date, we have concluded proceedings against eight of the remaining nine indictees in first instance. The Special Court combined its proceedings into four main cases. Three of the trials took place in Freetown, against the leaders of the Civil Defence Forces (CDF), the Armed Forces Revolutionary Council (AFRC) and the Revolutionary United Front (RUF). The fourth trial - the prosecution of Charles Taylor, ex-President of the Republic of Liberia - is now being held in The Hague for security reasons. The Special Court completed all three trials in Freetown, including the appeals proceedings in the CDF and AFRC cases. Those cases resulted in the conviction and sentencing of all five individuals.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source

  17. Ms. Winter: I would like to express my sincere appreciation to the Council for its decision to convene this important briefing on the Special Court for Sierra Leone. My presence before the Council today as President of the Special Court comes at a critical juncture in the final stages of the Court's mandate. Therefore, allow me to be direct and straightforward as I first provide a brief update on the status of our legal proceedings before discussing the Court's achievements and its impact on the citizens of Sierra 2 Leone, as well as its residual issues and remaining challenges. Over the past six years, the Prosecution has issued and the Chambers have confirmed indictments against 13 persons. Eleven individuals were arrested and transferred to the Special Court.

    2009-07-16 · UN Security Council · Security Council, S/PV.6163 (2009) · source