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Sierra Leone: Amnesty International
expresses dismay at 10 death sentences for treason.
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By John Takaberry, 21 Demeber 2004.
Amnesty International is dismayed at the death sentences passed
by Freetown’s High Court yesterday against 10 men convicted of
treason.
These death sentences come only weeks after Sierra Leone’s Truth and
Reconciliation Commission recommended the complete abolition of the
death penalty.
The Truth and Reconciliation Commission (TRC) was established by the
government in 2000 to create an impartial historical record of human
rights abuses committed during the armed conflict and to provide a
forum for victims and perpetrators to recount their experiences. One
of the key recommendations in its report, published in October, was
enshrining the right to human dignity and abolishing the death
penalty.
"The TRC’s report explicitly calls for the immediate repeal of laws
authorizing the death penalty, for a moratorium on all executions
pending abolition, and for President Ahmad Tejan Kabbah to commute
all pending death sentences," said Tessa Kordeczka, Amnesty
International's researcher on Sierra Leone. "President Kabbah should
respond immediately to the spirit and letter of the TRC’s report and
commute all death sentences."
In addition to defying the public mood captured by the TRC, these
death sentences go against a growing momentum within West Africa to
abolish the death penalty.
On 10 December the Senegalese Parliament adopted legislation
abolishing the death penalty, becoming the fourth member state of
the Economic Community of West African States to outlaw recourse to
capital punishment. In October, the National Study Group on the
Death Penalty in Nigeria also called on the Nigerian government to
impose a moratorium on executions and commute all pending death
sentences where appeals had been exhausted.
"Sentencing these 10 people to death is an extremely retrogressive
step which runs counter to the recent positive developments in West
Africa," Tessa Kordeczka said.
In addition, there should be an end to the discrepancy between
national courts and the Special Court for Sierra Leone, which is
trying those accused of crimes against humanity, war crimes and
other serious violations of international law during Sierra Leone’s
conflict. The maximum sentence which can be imposed by the Special
Court is life imprisonment, whereas the national courts may impose
the death penalty.
"In practice, this means that a person convicted of the most serious
crimes would face a prison sentence, whereas those convicted before
national courts of offences which may be less serious could face the
death penalty," Tessa Kordeczka said. "Many, including Sierra
Leonean civil society groups and the UN High Commissioner for Human
Rights, have expressed deep disquiet about this discrepancy."
"The government must follow the practice of the Special Court for
Sierra Leone which reflects the international trend towards
abolition of the death penalty," Tessa Kordeczka concluded.
Background
The charges against the 10 men sentenced to death - members of the
former armed opposition groups, the Armed Forces Revolutionary
Council (AFRC) and the Revolutionary United Front (RUF), and one
civilian - related to an armed attack in January 2003 on the armoury
at Wellington barracks, on the outskirts of Freetown, in an apparent
attempt to overthrow the government of President Kabbah. Johnny Paul
Koroma, former leader of the AFRC and an elected member of
parliament, was said to be implicated but evaded arrest. In March
2003, Johnny Paul Koroma was indicted by the Special Court for
Sierra Leone, which is trying those alleged to bear the greatest
responsibility for crimes against humanity, war crimes and other
serious violations of international law committed after November
1996. His whereabouts remain unknown; rumours of his death have yet
to be confirmed.
Those sentenced to death yesterday have the right to appeal against
their conviction and sentence within 21 days. Of five other
defendants in the same trial, one was sentenced to 10 years’
imprisonment and four were acquitted. Another suspect had been
transferred to the jurisdiction of the Special Court in September
2003.
Some 15 other people are reported to be under sentence of death in
Sierra Leone. There have been no judicial executions since October
1998 when 24 AFRC members convicted of treason were publicly
executed after an unfair trial before a military court.
Amnesty International believes that the death penalty is the
ultimate cruel, inhuman and degrading punishment. It violates the
right to life. It is irrevocable and can be inflicted on the
innocent. It has never been shown to deter crime more effectively
than other punishments.
For further information, please contact:
John Tackaberry,
Media Relations
(613)744-7667 #236
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