编辑: 于世美 | 2014-03-21 |
oinder 2. The Pro:;
ecution submitted that the requirements for joinder under the Rules of Procedure and Evidence of the Special Court ( Rules ) are clearly met by the circumstances in this case. The crimes alleged against the Accused Sesay, Brima, Kallon, Gbao, Kamara md Kanu are crimes which formed part of a common scheme to gain effective control of the territory and population of Sierra Leone, as alleged in each of their Indictmerts. The Indictments against the aforementioned Accused are almost identical, especially in material particulars. The offences charged are exactly the same. Except in respect of the Accused Kamara and Kanu, the arguments in respect of time and locations are tht: same. The Accused are commonly alleged to have been members of the senior leadershi;
J of the Revolutionary United Front ( RUF ) and/or the Armed Forces Revolutionary Council ( AFRC ) and of the RUF and AFRC alliance during the relevant time period;
and committed the crimes charged in their senior leadership capacity. The case also meetl. the guidelines for joinder established by the jurisprudence of the International Criminal Tribunal for Rwanda ( ICTR ), for example the decision in Prosecutor v. Nyir:J.masuhuko eta!.
1 (ii) A joint trial would serve the interests of justice 3. The interests of justice are best served by trying all the Accused together. Given the similarity of the facts of the case against each Accused, a joint trial would reduce the risk of contradictions, inconsistencies or discrepancies in decisions rendered in separate trials. In support of this submission, the Prosecution cited the decision of the........