78)                      

SCSL-03-01-I

3184

SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN •  SIERRA LEONE
PHONE: +1 212 963 9915 Extensions 178 7000 or +39 0831 257000 or +232 22 295995
FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996
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BEFORE THE DESIGNATED JUDGE

Before:                  Hon. Justice Bankole Thompson, Designated Judge

Registrar:               Mr. Lovemore G. Munlo, S.C.

Date:                      30th of March, 2006

 

PROSECUTOR                                                Against                                CHARLES GHANKAY TAYLOR

(Case No.SCSL-03-C 1-I)

 

 

Public Document

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DECISION AND ORDER FOR DISCLOSURE

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Office of the Prosecutor:
Desmond de Silva, Q.C.
Christopher Staker
James C. Johnson
Brenda J. Hollis

Duty Counsels:
Vincent Nmehielle
Elizabeth Nahamya

 

I, HON. JUSTICE BANKOLE THOMPSON, sitting as Designated Judge pursuant to Rule 50 of the Rules of Procedure and Evidence (“Rules”) of the Special Court for Sierra Leone (“Special Court”);

 

NOTING the Original Indictment filed by the Office of the Prosecutor (“Prosecution”) against Charles Ghankay Taylor (“Accused”) on the 3rd of March, 2003;

 

NOTING the “Decision Approving the Indictment and Order for Non-Disclosure” of the 7th of March, 2003 and the “Warrant of Arrest and Order for Transfer and Detention” of the 7th of March, 2003 (“Warrant of Arrest”);

 

NOTING the “Order for the Disclosure of the Indictment, the Warrant of Arrest and Order for Transfer and Detention and the Decision Approving the Indictment and Order for Non-Disclosure” of the 12th of June, 2003;

 

NOTING the Appeals Chamber “Decision on Immunity From jurisdiction” of the 31st of May, 2004;

 

MINDFUL OF the Amended Indictment against the Accused filed by the Prosecution on the 17th of March, 2006 and the Case Summary attached thereto;

 

MINDFUL OF the “Decision on Prosecution’s Application to Amend the Indictment and on Approval of Amended Indictment”, filed confidentially and ex-parte on the l6th of March, 2006, which respectively, granted leave to the Prosecution to file the Amended Indictment against the Accused, approved the said Amended Indictment and ordered, inter alia, the non-public disclosure thereof until it is served on the Accused or upon further order;

 

NOTING that the Accused was transferred into the custody of the Special Court on the 29th of March, 2006 and, on the same date, he was served with the Amended Indictment and the Case Summary in accordance with Rule 52 of the Rules of Procedure and Evidence (“Rules”);[1]

 

HAVING RECEIVED the “Prosecution Application for Lifting of Confidentiality” filed confidentially and ex parte by the Prosecution on the 30th of March, 2006 (“Application”), stating that the Amended Indictment against the Accused as well as the Case Summary attached thereto are already in the public domain pursuant to their service to the Accused and consequently seeking the public disclosure of the “Decision on Prosecution’s Application to Amend the Indictment and on Approval of Amended Indictment” as well as of the relevant “Prosecution Motion for Leave to Amend the Indictment and for Approval and Non-Disclosure of the Amended Indictment” dated the 6th of March, 2006;

 

CONSIDERING that it will be in the public interest to proceed now with such disclosure;

NOW THEREFORE, pursuant to Article 17 of the Statute of the Special Court and Rules 26bis, 52, 53, and 54 of the Rules;

 

HEREBY CONFIRM that the Amended Indictment and the Case Summary attached thereto shall be deemed public documents effective from their service to the Accused on the 29th of March, 2006;

 

GRANT the Prosecution Application and, therefore ORDER the public disclosure of the following documents:
• Decision on Prosecution’s Application to Amend the Indictment and on Approval of Amended Indictment, dated the l6th of March, 2006, Doc. No. SCSL-03-01-I-74, pp. 3153-3159;
• Prosecution Motion for Leave to Amend the Indictment and for Approval and Non-Disclosure of the Amended Indictment, dated the 6” of March, 2006, Doc. No. SCSL-03-01-I-72, pp. 3070-3151; and
• Prosecution Application for Lifting of Confidentiality, dated the 30th of March, 2006, Doc. No. SCSL-03-01-I-76, pp. 3181-3182;

 

FURTHER ORDER the Court Management Section of the Special Court to re-classify accordingly the documents indicated above.

 

Done in Freetown, Sierra Leone, this 30th day of March, 2006

Hon. Justice Bankole Thompson

Designated Judge