402??jOMURDER OR UNLAWFUL KILLINGS

gunshots.Y" Bockarie also ordered that the remaining prisoners be brought out in groups of

five, with younger people being killed first. ' 94o Fayia and his colleagues were terrified as

they thought they too were going to die, but they were spared. Fayia told the court that he

was told 68 of the other prisoners were shot or hacked to death, that their bodies were

"scattered all over the place", and that only one escaped.Y" On 29 March [998, the witness

and his colleagues were transferred to Buedu where they remained until their release in

August 1999. 1942

767. The Trial Chamber also considered the evidence of Protected Defence Witnesses

DCT-068, DCT-292 and DCT-I02, all of whom gave hearsay accounts of the Kailahun

Town massacre.Y':' These hearsay accounts accord with the direct evidence of the witnesses

cited above and confirm the fact that the AFRC/RUF forces acting under the orders of Sam

Bockarie massacred over 60 un-armed civilians in Kailahun Town.

Findings

768. The Trial Chamber finds the above evidence consistent. In particular the evidence

proves that after the ECOMOG Intervention of February 1998, AFRC/RUF Junta forces fled

to Kailahun District where they were temporarily based. While there, Sam Bockarie, the

RUF leader issued orders to the senior AFRC/RUF commanders to "defend Kailahun

District" against their perceived enemies including ECOMOG and the Kamajors. The

evidence further proves Sam Bockarie's distrust of the civilians from the Luawa and

Bambara Chiefdoms, many of whom had fled their villages before the 25 May 1997 coup,

but who had since returned to their homes having been encouraged by Bockarie to do so.

Additionally, the evidence proves that around 60-65 unarmed male civilians from these two

chiefdoms were arrested on suspicion of being Kamajors or Kamajor collaborators, on

Bockarie's orders and interrogated by Augustine Gbao. The evidence further proves that

Gbaos verdict against these civilians was based on mere suspicion and/or speculation that

they were Kamajors or Kamajor collaborators and not as a result of due process. Moreover,

1<)39 Fayia Musa, Transcript 15 April 2010, p. 39127.

1<)40 Fayia Musa, Transcript 15 April 2010, pp. 39127-39129.

1<)41 Fayia Musa, Transcript 15 April 2010, p. 39128.

1<)42 Fayia Musa, Transcript 15 April 20 IO. p. 39129.

1943 OCT-068, Transcript II March 2010, pp. 37092-37095: OCT-292. Transcript 2 June 2010. pp. 41982-41983and Exhibit P-60 IB (RUF Trial Transcript, 3 June 2008. pp. 89-90).

297Case No.: SCSL-03-0 I-T 18 May 2012

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the ev ide nce proves that the executions in abo ut mid to late February 1998 at the Kail ahun

Town rounda bout and Military Poli ce prison, were c lea rly repr isa l killings by Sa m Bockari e

and AFRC/RUF forces ac ting und er his orde rs, again st una rmed civilians that were

perce ived to be ene mies of the AFRC/ RU F. T he Tria l .C ha mber accordi ng ly finds that the

Prosecut ion has proved beyond reasonabl e doubt that in abo ut mid to late Febr uary 1998, the

RUF forces under the co mma nd of Sa m Bock ari e intenti onally killed around 60-65 civi lia ns

in Kailahun Tow n, all of wh om were not taking an active part in th e hostiliti es.

769 . The Tria l Cha mber furthe r finds in view of the above ev ide nce that the per petrators

w ilfully mad e the vic tims the object of such violence and the primary purpose of the

Ka ilahun massacre, including the biza rre public d isplay of hum an heads and rott ing co rpses

of the victims, was to instil terror in the civilian population in Kail ahun.

Co nc lus ion

770 . In co nc lusion, the Tria l Cha mbe r finds that the Prosecution has proved beyond

reasonable doubt that between abo ut I Febr uary 1998 and abo ut 30 Jun e 1998 , in va rious

locations in Kail ahun Distri ct including Kail ahun Town, members of the AFRC/RUF

murdered an unknown number of civ ilians, as c harged in the Indictmenr 'l'" and as shown by

the evidence.

77 1. T he Tria l Cha mbe r recall s that the Prosecuti on has establi sh ed beyond reasonabl e

doubt that at all times relevant to the Indictme nt, the RUF and/o r AFRC forces d irect ed a

w ides pread or sys temat ic attack agai ns t the civi lian population of S ierra Leone. 1945 T he T ria l

Chambe r is satisfied that eac h of the killings proved by the Prosecuti on in respect of

Kail ahun Distri ct fo rme d part o f the said attack and that the perp et rators were aware of this

fact. Th e Tr ia l Chamber a lso reca lls that th e Prosecution has proved beyond rea sonable

doubt that there was a n armed co nflic t in S ierra Leo ne at a ll times relevant to the Indictm ent,

invol ving amo ng others, members of the RUF, AF RC and C DF .1946 TI1e Trial Cha mber is

satis fied that for a ll of the aforementioned kill ings in Kailahun Distr ict there was a nexu s

between the killings and the armed co nfl ict, that eac h of the vict ims was not taking an ac tiv e

part in the hostilities at the tim e of de ath , and that the per petrators knew thi s fact. Th erefore,

I 'H ~ Indictment. para. 12.

1'>45 Sec Law and Findings on the Genera l Requirements: Article 2: Crimes Against Human ity, para . 559 supra.1''4'' See Law and Findings on the Ge nera l Req uirement s : Article 3: War Crimes . para . 573 supra.

298Case No.: SCSL-03-0 1-T 18 May 20 12

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the Trial Chamber is sati sfied that the aforementioned killings in Kailahun District con stitute

murder as both a crime aga inst hum anity under Article 2 of the Statute and a war crime

under Arti cle 3 of the Statute.

4. Alleged unlawful killings in Freetown and the Westem Area (between about 21

December 1998 and about 28 February 1999)

772. The Trial Chamber received the following credible documentary evidence l947

regarding the situation in Freetown and the Westem Area during the period December 1998

to February 1999. One report records:

[I]n the ea rly hours of January 6. 1999. rebel s of the Revolution ary Uni ted Front (RUF)laun ched an o ffensive agai ns t the Sierra Leone an ca pita l. Free town. ca pturing it fro mgovern me nt troo ps and the so ldie rs of the N ige rian- led peace keeping force known asECO MOG ... .T he battl e for Freetown and the en suing three week rebel occ upation of thecapital was characterised by the system atic and wide spread perpetration of a ll classes ofatrocities aga inst the civilian population of over one milli on inhabitants. and marked themost intens ive and concentrated peri od o f human right s viol ations in Sierra Leone's eight­year c ivil war. As the reb els took cont rol of stree t after stree t. they turn ed the ir weapons onthe civ ilia n populat ion . By the end of January. both government and indepen dent so urcesestim ated that several thou sand s of c iv ilians had been kill ed . . . .

In December 1998. foll owing the capture of Kon o Distr ict and Makeni , thou sand s o f RUFfight ers sta rted moving toward s Freetown and that by ea rly Janu ary 1999 they had reach edthe pen insul ar on which Free tow n is located and ga the red less than 20 miles west o f theca pita l. On 6 January 1999 the rebels brok e throu gh the highl y stretched and poorl y mann edECO MOG defences, and proceeded to march through the easte rn suburbs and stra ig ht intothe c ity centre ... .Whil e the rebels were only able to oc cupy the city center for less than oneweek. it took ECOM OG forces over three weeks to flush them from the three denselypopulated easte rn suburbs of Kissy , Well ington and Ca laba Town. It was in these threesuburbs. particularly toward s the end of the occupation that the vast majori ty of atrocitiesoccurred .

The rebe ls mad e littl e d istinction between ci vili an and mili tary tar gets. T hey repe atedlystate d that the y believed civ ilians sho uld be puni shed for what the y perce ived to be theirsupport for the exi st ing government.. . .The large st number of killin gs took place within thecont ex t o f attacks on civi lians gathered in hou ses. compoun ds and places of refuge such aschurches or mosques . . . .Human Right s Watch took testim on ies from sco res of witnesses tosuch atroci ties including a January 6 attack on a family in which all but one of their sevenchild ren were killed: a Janu ary 19 att ack on the church of the Brotherhood o f the Cross andStar in Wellington. in wh ich twelve peopl e were gunned down; a January 21 attack on acompound in Kissy in which seventeen peo ple were murdered and later burned; and aJanu ary 22 attack on the Rogbalan Mosque in Kissy , in wh ich s ixty- six people weremassacred .. ..There we re also frequ ent accounts of peopl e be ing burn ed al ive in theirhouses. o fte n ha ving been wounded. Child ren and the e1derely were parti cul arly vulnerabl e.Witn esses described rebels throwin g c iv ilians . so metimes child ren. into burni ng hou ses andshooting at those tryin g to es ca pe. Fam ily members tryin g to rescue their chi ldren or othe rrelativ es from a burning hou se were threatened w ith death an d forced to abandon them to

I 'W This ev ide nce was recei ved pursuant to Rule 92bis of the Rules of Procedure and Evide nce .

299Case No .: SCSL-03 -0 1-T 18 May 20 12

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the lire .. ..While most v ict trns were seemingly chosen at random, the rebels directlytargeted a few gro ups, namely Nigerian nationals. unarmed Policem en and journalists. Atleast sixty-three Nigerians, most of whom were traders or businessmen, were hunted downand murdered in particularly brutal ways. The rebels also killed at least 85 unarmed Policeoflicers. and several local and one international jo urnalist.. ..The Catholic archbishop. fourXavierian fathers. and six Sisters of Charity were abducted and held for over ten days. The

rebels later killed fou r of the sisters and wounded one Xavierian father.1948

773 . Another report record s:

[Rjebel fighters belonging to the Armed Forces Revolutionary Council (AFRC) andRevolut ionary United Front (RUF) attacked Freetown on 6 January 1999. The rebelsattacked the city from the east and penetrated as far as the centre, which they held to r fourdays before being fo rced to withdraw by a counterattack. The fighting resulted in the deathsof between 3000 and 5000 persons. including rebel lighters. soldiers o f the EconomicCommunity of West African States Mon itoring Group (ECO MOG). members of the CivilDefence Force (CDF) militia who were defending the capita l and large numbers of civilianinhabitants.. ..

In late January and ea rly February. UNOMSIL human rights officers visited Freetow n toconduct an assessment of the situation there. The assessment team travelled extensive lywithin the city and interviewed numerous people, including victims of mutilations and otherhuman rights viol ations....The team found that the ultimate responsibility to r the fighting,for most of the civilian casualties and tor the related humanitarian emergency in Freetownrested with the rebel forces. Though it was impossible to state with precision the actualnumber of civilian casualties, most estimates put the total casualty figure at between 3000and 5000 , including rebel fighters. ECOMOG and CDF combatants. It is feared that at least2000 of those casualties were civilian inhabitants of Freetown. Many civilians were killedwhile being used by rebels as human shields in combat, or because they reportedly refusedto come out on the streets to demonstrate in favour of the rebels. Many were killed whiletrying to protect family members from death or rape, or while try ing to protect theirproperty from looting and destruction.

M1H.: h o f the killing seems to have been arbitrary and to have been carried out by childfighters or rebel fighters under the intluence of drugs or alcohol. However. there is alsoevidence that some of the murders were targeted, including, reportedly , the murder of 200Police personnel. The Solicitor genera l was killed during the fighting, as were the residentMinister for the North, an adviser to President Kabbah and at least two journalists. Othervictims who appear to have been deliberately targeted include senior officials of the SierraLeone National Commiss ion for Democracy and Human Rights. the Council of Churchesand the National Commission for Rehabilitation. Reconstruction and Reintegration, as well

N· · . I 1949as rger ian nat rona s.

774. An Ex pert Report that was admitted into evide nce as Confidential Prosecuti on

Exhibit P-077 stated the follow ing concerning the killing of civili ans in Freetown and the

Western area during the period January-February 1999:

[R]ebel forces advancing into and through the city on 6 and 7 January. frequent ly forcedcivilians into the streets for use as human shields. People who refused to comply were

l 'I4 K Exhibit 1'-328. "Human Rights Watch Report. Sierra Leone - Getting away with murder, Mutilation, Rape.New Testimo ny from Sierra Leone. July 1999. Vol. II No.3(A). Part l-Sumrnary" , ERN 22999-2300 I.1'14'1 Exhibit 1'-3 10. " UN Security Council. s" Report of the Secretary General on the United Nations ObserverMission in Sierra Leone, SI1999/237. .{ March 1999". paras 20-22.

300Case No.: SCSL-03-0 1-T 18May 2012

MURDER OR UNLAWFUL KILLINGS

either killed or had their properties destroyed. Many reports have also been received of thekilling of persons who refused to obey instructions to dance and make music on the streets.A number of interviewees describe the execution of the entire populations of residentialcompounds for such misdemeanours. There are reports of compounds housing up to 50people being targeted in this manner. Similar reports indicate that then and later, peoplewere executed because of their efforts to deter looting and to protect family members fromassault or rape. Persons caught attempting to escape from rebel custody. were frequentlykilled. One witness saw 6 children killed at Wellington in mid-January in one such incident.

Much of the killing also appears to have been entirely arbitrary. Witnesses report suchkillings of men. women and children by rebel lighters. including an instance in which theperpetrator is stated to have been about 10 years old, and another implicating an eight-year­old boy. It is frequently stated that the perpetrators of such acts were under the intluence ofcocaine and other drugs, including alcohol. Killing occasionally occurred in the context ofgames in which people were lined up and the executioners teasingly chose who to kill andwho to spare. In one such incident at Fourah Bay Road. around 21 January. three childrenwere executed and their three sisters had limbs amputated or mutilated. One man hasdescribed how he was ordered to choose between the execution of his entire family and thesurrender of his daughter to a rebel lighter.

Some of those who were burned to death in their homes had been locked in or first beendisabled by gunshots. A number of elderly people and infant s also died in this manner.Others died while attempting to escape. One five-year-old girl survived being thrown into afire. at Blaekhall Road. on 28 January. A six-year-old girl was executed together with hermother on 23 January at Wellington.

Rebel forces targeted many individuals and categories of persons for execution. It isreported that over 200 Police officers were killed. either at home or at their barracks in suchlocations as CID Headquarters, Kingtom and Kissy. The means of exec ution includedknives. machete and gunshot. One incident on January 6 at the city center Cotton Tree.involved the killing by stabbing of II Policemen. A number of prison officials appear tohave been killed during and after the assault on Padernba Road Prison on 6 January. Anescapee from Pademba Road Prison is reported to have allegedly led an attack on theSolicitor General, who was killed and decapitated. Two senior Government officials. theResident Minister for the North and an Advisor to the President, were captured and killed.At least 2 journalists were sought out and killed (while other journalists, including fo reignnationals, though not specifically targeted, were killed. injured or abducted.)

A senior member of the human rights monitoring committee of the National Commissionfor Democracy and Human Rights (NCDHR) was killed together with herhusband.. .Executed senior offi cers of the Council of Churches and the NCRRR may havebeen targeted on the basis of their positions.. . . Nigerian nationals also appear to have beentargeted. One witness. on 8 January, observed 2 Nigerian traders whose throats were cut

I h b . I' hci . I' .. 1950apparent y on t e asrs 0 t err natrona ity.. . .

775 . The Trial Chamber heard the ev idence of many witnesses that gave first-hand

accounts of civilian killin gs in Freetown and the Western Area during the period December

1998 to about 28 February 1999. The Chamb er took into account the follow ing evidence

which is corroborated by the documentary evidence referred to above.

!'I 50 Exhibit 1'-077 (confidential), pp. 9292-9293.

301Case No.: SCSL-03-0 1-T 18 May 2012

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776. Alimamy Bobson Sesay, a combatant who took part in the Freetown invasion of

January 1999, testified that a group of about 1000 troops made up of members of the AFRC,

RUF,I951 30 Special Task Force (STF) members l952 and 20 other "Liberian fighters",1953

captured Benguema from ECOMOG around Christmas of 1998 and while based there.

reorganised themselves into seven '"battalions,,1954 in preparation for a final assault on

Freetown.1955 Alex Tamba Brima (a.k.a. Gullit) was the overall commander of the brigade

after SAJ Musa died at Benguema. Other AFRC commanders included Ibrahim Bazzy

Kamaral956 (a.k.a. Bazzy), Santigie Borbor Kanul957 (a.k.a. Five-Five), Franklin Conteh

Woyoh,1 958 Hassan Papa Bangura l959 (a.k.a. Bomb Blast), Col. '"O_Five",1 960 Lt. Col. "Papa­

17'",1 961 FAT Sesay,1962 Junior Sherrif,1963 Major Tito,1964 Foday Bah Marahl965 (a..ka.

Bulldoze), Major Arthur,1 966 Junior George Johnson l967 (a.k.a. Junior Lion), Lt. Col. Saidu

Kambolai (a.k.a. Basky),1968 Col. Lamin Sidique (a.k.a. Terminator or NPFL),1969 Med

I" ~I Alimamy Bo bson Sesay. Transcript 22 Apri l 2008 . pp. 8200-8201. Bobson Sesay testi fied that O-Five alsocame wi th a platoon 01"30 RUf member s to reinfor ce the troop s preparing to invade Freetown.

1"52 Alimamy Bobson Sesay. Tran scri pt 22 A pril 2008 , pp. 8 195-8 199. ln his testimony, Bobson Ses ay ex plai nedthat the Spec ial Task Force were a group of Liber ian s that had served within the Sie rra Leone Army during theNP RC Go vernment o f Valentine Strasse r in the ea rly 1990s.

1<) ; 3 A limamy Bobson Se say. Transc ript 22 April 2008 . pp. 8 193-8 195. In his testim on y. Bobs on Sesay explainedthat a Com mander O-five brought with him a gro up of 20 Libe rians from Kailahun who were to rei nforce theAF RC/ RUF troo ps that wou ld inva de Free town. According to the witn ess . O-Five ex plained to the briga de thatthese Liberia ns were former NPF L lighters w ho had undergone trainin g with the Armed Forces o f Liberia(AF L).

1 <)~ 4 Alimamy Bob son Sesay, Transcript 22 April 2008. pp . 8248-825 0. Bobson Sesay testified that the Brigade atBenguerna was restructured to comprise the Ist Battal ion, 2"d Battali on . 3rd Battalion. 4'h Batta lion, 5'h Battalion.the Rapid Depl oymen t or RDF Battalion and the Red Lion Battalion. Alimamy Bobson Sesay , Transcript 22April 2008, pp . 82 48- 82 50 . Bo bson Sesay explained that the STF and the former NP FL fighter s who came toreinforce the invadin g troops were exclusively based in the Red Lion Battalion . Alim amy Bobson Se say.Transcript 22 April 2008. p, 82 03 .

1<); 5 Alimamy Bob son Sesay, Transc ript 22 April 2008 . pp . 8243-825 1.

1<); 6 Bazzy was the Deputy C hief in co mmand ofthe Brigade.

1"57 Five-live was the Chief o f Army Sta ff o f the Brigade.

1')5R Woyoh was the Directo r/O perat ions o f the Brigade.

1'); <) Bomb Blast was the Operati ons Commander o f the Brigade.

1% 0 Co lonel O-F ive was the deputy Operations Co mman de r o f the Brigade.

1%1 Bob son Sesay testified that Lt . Co l. Papa 17 was appointed by SAJ Musa and is a differen t individua l fro mHassan Papa Bangura. Alimamy Bob son Sesay. Transcript 22 April 200 8. p. 8234 .

1""2 FAT Sesay wa s the Brigade administrator. A limamy Bob son Sesay, Transcript 22 April 2008 . p. 828 9.

1% 3 Junior She rrif was the Deputy Operatio ns Co mmander o f the Brigade.

1')104 Tito was the Co mmander of the l" Batt ali on.

1% 5 Bulldoze was the Commander of the 2nd Batt al ion .

I'!t,(, Arthur was the Commander o f the 3N Batt al ion.

1% 7 Ju nior Lio n was the Commander of the 4th Battalion.

I ""~ Basky was the Co mmander of the 5'h Batt alion .

1'16<) Terminator was the Commander of the RD F Battalion.

302Case No. : SCSL-03-0 1-'1' 18May2012

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Bajehjeh,1 970 Col. Foyoh,1 971 Lt. Col. Konjor,1972 "Roadblock",1973 Adamu (a.k.a. Chicken

Soup), Adama "Cut Hand",1974 Tarrawali (a.k.a. Gold Teeth),1975 ldrissa Kamara (a.k.a.

Rambo Red Goat),1976 and Amidu Kamara Keforkeh. Bobson Sesay explained that he was in

the 5th Battalion and served as Intelligence Officer.1977 Amongst the RUF that came to

reinforce the Freetown invasion were Captain Stagger, Washington, King Perry, Alfred

Brown, and Dukulay.1978 The evidence relating to the composition of these forces is

corroborated by that of Perry Kamara, an RUF radio operator that travelled with the group to

Freetown.1979

777. Bobson Sesay further testified that prior to the invasion of Freetown, while at

Benguema, Gullit communicated on radio with Sam Bockarie informing him that the troops

were ready to advance on Freetown but that they needed manpower reinforcement from

Bockarie.198o Bockarie responded saying that reinfo rcement was on its way from Kono,

Kailahun and Daru but that the reinforcing troops under lssa Sesay and Superman needed to

weaken the ECOMOG forces in Kono and Segbwema before they could arrive to reinforce

the invading troops. Bobson Sesay further told the court that the invasion of Freetown was

planned jointly between the AFRC and RUF, with three flanks planning to attack jointly.

One flank led by lssa Sesay, Morris Kallon, RUF Rambo, A kirn Turay and Isaac Mongor

would come from Kailahun and attack from the eastern part around Kono area, and after

capturing Kono and Makeni from ECOMOG they would proceed to reinforce the forces

invading Freetown.'?" The second flank led by Gullit, Bazzy and Five-Five would attack

from the north. The third flank led by Denis Mingo a.k.a. Superman and Brigadier Mani

1'170 Bajehjeh was the Comma nde r o f the Red Lion Battalio n.

1471 Foy oh was the mission s Commander.

1m Konj or was the Battle fi eld Inspecto r.

I'm CO Roadblock was the Military Poli ce Command er

1" 74 Sesay testifi ed that Adama wa s a fema le combatan t who was g ive n the nick-name "C ut Hand " because shea lways carried a mac hete wit h he r and was not afra id to amputat e peop le. A limamy Bobson Sesay. Transcript 23Ap ril 20 08. p. 8336.

1975 Alimamy Bobson Sesay, Tra nscript 22 Apri l 2008. p. 8221. Ad amu and Tarawall i we re som e of the mi litaryinspectors/supe rv isor s.

1970 A lima my Bobson Sesay. Transcript 23 A pri l 2008 . p. 8358. The witness explain s that this Rambo came toreinforce the rebel troop s invad ing Free tow n.

1477 Alimam y Bob son Sesay , T ranscript 22 Apri l 2008 . p. 825 1.

l 'l7X Alima my Bob son Ses ay. Tran script 22 April 2008. pp. 820 1-8202. The wit ness explained that Kin g Perryand A lfred Brown we re RUF radio o perators. A limamy Bob son Se say. Transcript 22 April 2008. p. 8240 .

1'J7'1 Perry Karnara, Transcript 6 Feb ruary 2008. pp . 3 185-3 J88.

1'," 0 Ali ma my Bob son Sesay. Transcript 22 Apr il 2008. p. 82 53 .

1" ' 1 A lirnamy Bob son Sesay. Tra nscri pt 23 Apri l 2008. p. 8305 .

303Case No .: SCS L-03-0 1-T 18 May 20 12

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would attack from the Kailahun-Daru axis and assist in capturing Makeni from ECOMOG,

after which they too would proceed to reinforce the forces invading Freetown. 1982 Bobson

Sesay learnt of this plan by monitoring conversations between the AFRC and RUF High

Command in the areas that the SLA and RUF occupied. 1983

778. Bobson Sesay further told the court that as the rebel troops were waiting on the

outskirts of Freetown l984 for reinforcement, they came under heavy bombardment by the

ECOMOG jets and this caused Gullit to order the rebel troops to start the Freetown invasion

without waiting for reinforcement.V" In the witness's presence, Gullit instructed the

invading rebel troops to "ensure that they bum down all Police Stations; open the central

prisons and free the prisoners including Foday Sankoh; kill all collaborators of the

Government and ECOMOG and opponents of the AFRC/RUF forces; loot any valuables

from the civilian population and kill any civilians that resist the looting; and capture a good

number of civilians to use as human shields if the troops encountered any resistance".1986

Sesay further testified that the over 1000 rebel troops who entered Freetown were "well­

armed with support propelled grenades (SPGs), 60 millimetre commando mortars; 81

millimetre motars; rocket propelled grenades (RPGs); light automatic rifles (LARs); sub­

machine guns (SMGs); AK-47 and machetes". 1987

779. Bobson Sesay further testified that on 6 January 1999, the whole Brigade comprised

of AFRC, RUF, STF and Liberian fighters moved from Allen Town and commenced their

attack on Freetown. 1988 The invading rebel troops spent three and a half weeks in Freetown

before they were repelled by ECOMOG forces.'?"

19&2 Alimamy Bobson Sesay, Transcript 22 April 2008, pp. 8254-8258.

1<)83 Alimamy Bobson Sesay, Transcript 22 April 2008. pp. 8286, 8287, 8289, 8300-8312.

1984 The witness stated that the troops were camped in a "primary jungle" around Allen Town until 5 January1999. Alimamy Bobson Sesay, Transcript 22 April 2008, p. 8269.1<)85 Alimamy Bobson Sesay. Transcript 22 April 2008. p. 8270.

148" Alimamy Bobson Sesay, Transcript 22 April 2008, pp. 8270-8271.1<)87 Alimamy Bobson Sesay. Transcript 22 April 2008. p. 8272.

1<)88 Alimamy Bobson Sesay. Transcript 22 April 2008, pp. 8272-8280. The witness explained that the rebeltroops attacked from two flanks and entered through the following locations within Freetown. namely, CalabaTown, Brewery. Old Wellington Road, New Freetown-Waterloo Road, Kissy Mess Mess. Saroula. Fisher LaneOld Road, PWD Junction, Kissy Road Cemetery. Upgun. Savage Sguare, Mountain Cut Junction, Eastern Policestation and State House.1%') Alimamy Bobson Sesay, Transcript 22 April 2008. p. 8294.

304Case No.: SCSL-03-01-T 18May2012

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780. The Trial Chamber heard the foll owin g ev idence of civilian killin gs in Free town and

the Western Area.

UL Killing of c ivilians and ECO MOG so ldiers around State House in Free town

781. Alima my Bobson Sesay testified that the rebel forces led by Gullit captured

"Statehouse" or the O ffice of the President at 6.00 a.m. on 6 January 1999.1990 Sesay told the

court that on that mornin g Major Tito captured 20 Nigerian ECOMOG so ldiers and brought

them to Gullit for instructi on as to what to do with them. 1991 Gullit orde red Tit o to have

them summarily exec uted. The witn ess was presen t when Tito took the so ld iers wh o were

hors de combat to the washing bay behind State House and shot them a ll to death.1992

Bobson Sesay ex plained that the invading rebel troops had a poli cy that required the

civ ilians to show respect for the rebel s and that any c ivilian perceived to "overlook" (i.e.

disrespect) the rebels wo uld be summa rily ShOt'".1993 Bobson Sesay testi fied that he saw "so

many corpses of civilians littered aro und the State House ax is" and co unted over 20 dead

bodies of civilians on 6 Ja nuary 1999. a ll of whom had been sho t dead by the invading rebel

troop s for simply "overlooking the rebels" .1994

782 . Perry Kam ara, an RUF radio operatorl995 with the rebel troops that inva ded

Freetow n, testi fied that when the tro ops entered Freetown they wo uld eithe r kill ECOMOG

soldiers on the front line or capture them and presen t them to Gullit who was the comma nder

in charge at State I-louse.1996 Kamara testifi ed that Gullit consulted Sam Bockarie by radio as

to what to do with these prisoners of war and that Bockarie responded that "he had no prison

for ECOMOG".1997 Karnara testified that as a resul t of that response, the rebel forces never

spared any ECO MOG so ld iers and that a total of 10-15 ca ptured ECOMOG so ld iers were

I ')' l() Alimam y Bobson Sesay , Tran sc ript 22 Ap ril 2008 . p. 8280 .

] 'NI Alimam y Bobson Sesay. Transcript 22 Apri l 2008 . p. 8289 .

I'm Alimamy Bobson Sesay, Tra nsc ript 22 Apri l 2008 . p. 8292 .

)''''-' Alima my Bobson Sesay . Tran scrip t 22 Ap ril 2008. p. 8291.

) <)')4 A limamy Bobson Sesay, Tran scrip t 22 A pril 2008 . p. 829 1.

).).» The witness ex plained tha t although he was an RUF radio operator, he and another RUF radio o peratorcalled Al fred Brow n were instructed by Mosquito and Morris Kallon to join Gu llits AFRC gro up at Rosos inorde r to establish effective communications between the two g roups (RUF and AF RC) in preparat ion tor:a bigjoint operation". Perry Kamara. Transcript 6 February 2008 . pp. 3 184-3 185.] <),) " Per ry Kamara, Tran sc ript 6 February 2008. pp. 3230-323 1.

] '197 Perry Kamara. Tran script 6 February 2008 , pp. 3230-323 I.

305Case No. : SCSL-03 -0 1-'1' 18 May 20 12

j.

4°~33MURDER OR UNLAWFUL KILLINGS

shot and killed und er the Cotton Tree. I'! '! 8 which was 100 metres from State Hou se . I

'! '! '! In his

evidence. Kam ara also refers to "massive killings aro und Cotton Tree" next to State House

on 6 January 1999 .

783 . The Tria l Chamber admitted into evidence the prior testimony of Abu Bakarr

2000 fi' .Mansaray. Man saray , a mechanical en gineer testi led that while living on Waterloo

Street in Freetown.i'''" he was abducted by three " rebel boys" dre ssed in ECO MOG

uniforms on 8 Janu ary 19992002 and forcibly taken to State House where Gullit was in

command .Y'" Mansaray ex plained that by the term "rebe l" he meant a mixed group of RUF

rebels and AFRC sold iers . The three rebel s were armed with AK-47 rifl es and spoke Krio

w ith "a Liberi an acce nt" .2004

784. At State House. on the orders of Gullit, the rebels tried in vain to forc e Mansaray and

50 other c ivilian capti ves to join them in fighting again st ECO MOG.2005 Mansaray and the

50 civilians refused to join the rebels as requested and were locked up in the kitchen of State

House for four days. From the kitchen window Man saray observed the rebels at State House

g unning down abo ut 35 civ ilians for refusin g to join the rebels. He testified that the rebels

shot and killed thre e women and two men in his presence, and thereafter shot and killed 30

of the 50 civil ians that were with Mansaray .2006 The rebels threw the bodies of the c ivilians

over the State House wall and also into the Paramount Hotel's compound.200?

1998 Perry Kamara. Transcri pt 6 February 2008 , pp. 3230-323 1.

19<)9 Perry Kama ra, Transcri pt 6 February 2008 , p. 323 I.

zoooAbu Bakarr Mansaray' s testimony in the AFR C trial was admitted as Exhibit P-222 under Rule 92bis ("priortestimon y"). In the present trial, Mansaray was cross-exam ined on his prior testimony. See Abu BakarrMansaray, Tran script 29 October 2008 . pp. 19517-19568.

ZOOI Abu Bakarr Mansaray. Transcript 29 October 2008. p. 19518: Exhibit P-222. "AFRC Transcript. 7 March2005 , TFI -014", p. 10427 .

Z002 In his prior testimony. the witness test ified that he was captured on 8 Janu ary 1998. However. in cross­examination at p. 19543 he corrected himself to state that he was in fact abducted in January 1999. See ExhibitP-211. "A FRC Transcript. 7 March 1005. TFI -014··. pp. 43/10427.62-63/2044 6-1044 7: Abu Bakarr Mansaray.Transcript 19 October 2008. p. 19543.

2" U Exhibit P-221. "AFRC Transcript. 7 March 1005. TF 1-014". pp. 10428-20430.

ZO().l In his prior testimony Mansaray stated that the three rebe l boys spoke "Li berian English" . See Exhibit P-221."AFRC Transcript 7 March 2005. TF I-024" at p. 20428. In cross-examination however. he stated that the rebelsspoke Krio with a Liberian acce nt. See Abu Bakarr Mansaray, Transcript 29 October 2008. p. 19557.

ZOO) Abu Bakarr Mansaray, Transcrip t 29 October 2008. pp. 19554-19555 : Exhibit P-222. "TF1-024, AFR CTran script 7 March 2005". pp. 2043 1-20432.

20" (, Exhibit P-212. "TF I-024. AFRC Transcript 7 March 2005". pp. 20484-20485.

2/ ~i7 Exhibit P-222. "T F 1-024 . AFRC Transcript 7 March 2005". pp. 10431-32,20456-20457. 20485-20490 .

306Case No.: SCSL -03-0 1-T 18 May 20 12

4030 0MURDER OR UNLAWF UL KILLINGS

Findings

785. The Trial Chamber finds the evidence of Alimamy Bobson Sesay and Perry Kamara

credible . Each of these witnesses took part in the Freetown invasion of 6 January 1999 and

given their unique position among the invading forces, each was privy to the preparations

that took place amongst the rebel troops immediately prior to that invasion. In particular

each of them was present at State House during the first crucial hours after the take-over of

power by the rebels and had a first-hand observation of what went on there. Bobson Sesay's

testimony proves that on 6 January 1999 at the State House washing bay in Freetown, a

rebel commander ca lled Major Tito acting on the orders of Commander Alex Tamba Brima

a.k.a. Gullit , intentionally killed 20 Nigerian soldiers who were hors de combat. The

evidence further proves that on the same day at State House, rebel forces made of the

AFRC/RUF/STF and Liberian fighters intentionally killed over 20 civilians that were not

taking an active part in the hostiliti es, as punishment for "disrespecting" the rebel forces.

The evidence of Perry Karnara, which largely corroborates that of Bobson Sesay, proves

beyond reasonable doubt that on 6 January 1999 at the Cotton Tree near State House, rebel

forces made of the AFRC/RUF/STF and Liberian fighters acting on the orders of Gullit and

Sam Bockarie intentionally killed at least 10-15 Nigerian soldiers who were hors de combat

and an unknow n number of civilians that were not taking an active part in the hostilities.

786. The Trial Chamber further finds the first-hand account of Abu Bakarr Mansaray to

be credible. His evidence, which also corroborates that of Sesay and Karnara, proves that on

8 January 1999 at State House, rebels including members of the AFRC/R UF intentionally

killed at least 35 civilians who were not taking an active part in the hostilities.

787. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt

that between 6 and 8 January 1999 at State House in Freetown, rebel forces including

members of the AFRC/RUF/STF and Liberian fighters intentionally killed (i) at least 35

Nigerian soldiers who were hors de combat at the time of death; and ( i i) at least 55 civilians

that were not taking an active part in the hostilities.

788. The Trial Chamber finds that the perpetrators were act ing in accordance with the

orders of the top Co mmander Alex Tamba Brima (a.k.a. Gullit) to carry out indiscriminate

killings, mass abductions and raping of civilians, and burning and destruction of civi lian and

public property in Freetown during this period as part of the campaign of terror waged

307Case No.: SCSL-eJ3-01-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

against the civilian population. The Trial Chamber finds that the perpetrators wilfully made

the victims the object of such violence and the primary purpose of the killings at State

House was to instil terror in the civilian population.

illL Unlawful killing of civilians in Kissy area around January 1999

789. Mohamed Sesay, a petty trader living on Falcon Street in the Kissy Shell Company

area testified that on 6 January 1999 he heard a lot of shooting in the night and in the

morning and when he woke up he saw rebels everywhere.2oo8 He and his family stayed

indoors for five or six days after the rebels had taken over Freetown2oo9 and then went with

other civilians to buy food at the Marbela market in the eastern part of Freetown.Y'" On the

way back they came to a checkpoint manned by the "rebels and SLAs" at PWD, which is

near Ferry Junction.i?" There were many people gathered at the checkpoint, including the

former President Momoh who was being carried in a hammock.2012 The rebels ordered the

civilians to sit down and then took two men from the civilians saying they were going to

offer them as "a sacrifice".2013 In the witness's presence, the rebels shot and killed one of the

men and stabbed the other one to death after which they collected the latter man's blood into

a bowl. 2014 Sesay and the other civilians at the checkpoint were then allowed to pass through

and he returned home.20I S

790. Mohamed Sesay further testified that two or three days later he was sitting under a

mango tree behind his house on Falcon Street with other civilians when five armed "rebels

and SLAs" joined them including an RUF rebel called Issa Conteh that the witness

previously knew. 2016 As they sat under the tree, two other "rebels" approached the

witness.2017 One of the rebels was a woman dressed in trousers, a T-shirt and boots but did

200R Mohamed Sesay, Transcript 14 February 2008. p. 390 I. The witness stated that "the rebels had guns. Someof them had machetes. Some of them had axes. Some of them, the way they were dressed. some of them hadsocks on without having shoes. some had military shirts on without the pants, some of them will have themilitary pants without shirts on".2009 Mohamed Sesay, Transcript 14 February 2008. p. 3901.

2010 Mohamed Sesay, Transcript 14 February 2008. p. 3902.

2011 Mohamed Sesay, Transcript 14 February 2008. p. 3902.

20ll Mohamed Sesay, Transcript 14 February 2008. p. 3903.

2013 Mohamed Sesay, Transcript 14 February 2008. pp. 3902-3903.2014 Mohamed Sesay, Transcript 14 February 2008. p. 3904.

2015 Mohamed Sesay, Transcript 14 February 2008. pp. 3904. 3907.

201(, Mohamed Sesay, Transcript 14 February 2008. pp. 3907. 3911-3912.

2017 Mohamed Sesay. Transcript 14 February 2008, pp. 3907-3908.

308Case No.: SCSL-03-0 1-T 18 May 2012

MURDER OR UNL AW FUL KILLINGS

not carry a gun. She also spoke " Liberian language". The other rebel was a man who wore

"full uniform " but no bootS.2018 The wo ma n fight er to ld the fight ers sitt ing under the tree

tha t " because they refused to fight . Pa Kabbah had sent ECOMOG to fight aga inst them , so

now she was orde ring them to begin Operation No Living Thing" .2oI9 Sesay testifi ed that he

saw Issa Co nteh shoo t and kill an old wo ma n that was passing by .2020 Sesay a lso saw an old

man who was passi ng fall down and die, but he did not see the person wh o shot him .2021

791. Mohamed Sesay further testified that two days later " rebels" carry ing fuel in a

co nta iner came and set tire to his hom e. The w itness was in the hou se when it ca ught fire but

escaped to hide first in the hou se of one Pa Bobodin, and later so ught refuge in the house of

one Mr Abass .2on There were more than 50 civ ilians, incl uding old men and wo me n, who

had also so ugh t refu ge at Mr Abass ' house. which house had also bee n burnt.2023 Sesay

test ified that on 19 Janu ary 19992024 he was on the veranda at Mr Abass ' house when he saw

seven "rebels" arrive, including a "command o" who was giving the other rebel s orde rs.2025

The witn ess testified that the command o carr ied a pistol. one rebel carried a machete,

another rebel ca rried an axe and four others carri ed guns.2026 The co mma ndo orde red the

fighters to select the yo ung men out of the house. The rebels selected 24 yo ung men from

the house, incl udin g the w itness , and took them to the junction where they asked them to

queue up in preparation for havin g the ir arms amputated on a log which had been place d in

front of them .2027 The com man do ordered the first man in the line to put his ann down to be

amputated, and when he pleaded with him not to, the commando shot the man in the face,

killing him .2028 When the second man in line pleaded with the commando not to amputate

him. the comma ndo shot him in the ches t. killing him as we ll.2029 When the third man

10 1' Mohamed Sesay. Transc ript 14 February 200S. p. 390S.

~O l" Mohamed Sesay, Transc ript 14 February 200S, pp. 3907-3 9 10.

~02" Mohamed Sesay. Tra nscr ipt 14 February 2008 . p. 391 1.

~0 1 1 Moham ed Sesay . Transcript 14 February 2008 . pp. 3910-39 11.

2022 Moham ed Sesay, Transcript 14 February 2008. pp. 39 14-39 16.

~m3 Mohamed Sesay. Transc ript 14 February 200S. pp. 39 17-39 IS.

~ I)H Mohamed Sesay. Transcript 15 February 200S. p. 3936: Transc ript 14 February 200S. p. 393 1.

~0 ~5 Mohamed Sesay . Transcr ipt 14 February 2008. p. 39 17. The witness sta ted that the person referred to as"commando" was in fact the commander of the group and was issuing operational orde rs to the group.

101/· Mohamed Sesay, Transcript 14 February 2008. p. 39 19.

1027 Mohamed Sesay. Tran sc ript 14 February 200S. pp. 3918-39 19.

~o~ x Mohamed Sesay, Transc ript 14 February 2008. pp. 39 19-3920.

~o ~'! Moham ed Ses ay. Transcript 14 Februa ry 2008. p. 3920.

309Case No.: SCSL·03-0 I-T 18May 2012

4 030 3MURDER OR UNLAWFUL KILLINGS

pleaded w ith the co mmando not to amputate him , the commando used rapid fire to shoo t and

kill si f h . h '030I SIX a te men In t e queue .'

792 . Moham ed Sesay further testi fied that after the commando had shot the first e ight

men, he orde red the tighters to spli t open the heads of the remain ing yo ung men in the queue

with axes and machetes instead, saying "he was not goi ng to waste his bull ets any mo re"?03 1

Sesay told the co urt that a fter the rebels had smoked marijuana. they used an axe and

machete to split open the heads of five of the men and killed them?032 Alth ough the w itness

wanted to look away beca use he was frightened , the rebels forced him and the other civilians

to watch the grueso me executions.Y'" Moham ed Sesay further test ified that afte r the rebels

killed the civilians, they proceeded to amp utate both his hands, and that the rebe l that

actually did thi s was bare ly 13 years 01d.20H

793. Th e T ria l Chamber admitted in ev idence the transcri pt o f testim on y Prosecution

Witness TF 1-098 from the A FRC trial. 203; T F1-098 test ified that on 18 Janu ary 1999,

" rebe ls" , who m the wi tness identifie d as mem bers of the SLA, 2036 came to the hou se on

Man fred Lane near Kissy road where he was hid ing wit h his yo unger brother, co usins and

othe r civ ilians and led them by gunpo int to a primary sc hoo l on Fatarama n Street. 2037 While

there a Krio-speaking rebel named To mmy, who was from the Freetow n area and who wo re

a combat uniform, amp utated the witness ' s le ft hand and the hands of 6 other civi lians with

an axe and told them "to go and tell Pa Ka bba h that they were in co ntrol, and not

ECOMOG". 2038 One o f the seven amputees who was related to the witn ess, died from the

arnputation.Y'" In cross-examination, TF 1-098 explained that Tommy belonged to the same

gro up as "Capta in Blood,,?040

lUJII Mohamed Sesay. Transcri pt l -l February 2008 . pp. 392 1-3922.

, uJ I Mohamed Sesay. Transcript 14 February 2008. p. 3922.

,IIJ2 Mohamed Sesay. Transcri pt 14 February 2008. p. 3922.

20)) Mo hamed Sesay. Transcript 14 February 2008. p. 3923 .

2oJ 4Mohamed Sesay. Transcript 14 February 2008 . pp. 3924-3927 .

211J5 TF I-098 testifi ed in the AFRC trial. which was admitted as Exhibit P-2 I0 r 'p rior testim ony ") under Rule92bis. In the present trial. the witness was cross-e xamined on this evidence. See TF I-098 . Transcript 23 Octo ber2008. p. 19147.

1036 TF I-098. Transcr ipt 23 Octo ber 2008. p. 19I3 I .

,1131 Exhibit P-210. ··TFI -098. AFRC Tra nscript 5 April 2005". pp. 20688 -20689 .

211J. Exhibi t P-2IO. ··TF I-098 . AFRC Transcript 5 Apri l 2005". pp. 20689 -20690 .

2I1J ') Exhibit P-21O. ··TF I·098. AFRC Transcript 5 April 2005"', p. 20692 .

111 40 TF 1-098. Transcript 23 October 2008. p. 19 I3 I.

3 10Case No.: SCSL -03-0 1-T 18 May 2012

MURDER OR UNLAWFU L KILLINGS

794. Alima my Bobson Sesay testified that in the third week of Jan uary 1999,204 \ as the

rebel troops we re retreatin g from the ECO MOG forces in Freetown, they hid in the hills

ove rloo king the eas t of Freetown from where they observed "civilians singing and dancing

as they we lco med the ECO MOG forces". 2o~ 2 The witness heard Gull it rem arking, "Now the

people in Freetown have changed their song, the song which they were singing: that the y

were our brothers, we want peace. Now the people are singing it otherwise : That our

brothers have co me, they have come to steal. So now we should move to Ferry Junction. So

wherever we meet peopl e singing that song .. .those people were betraying us, we should kill

them". 2o~3 After this remark, Gullit reorgani sed the rebel troops and sent them to Ferry

Junction , Low Cos t area and Kissy, instru ctin g them to "burn all the remaini ng houses and

kill all the civilians". 2oH

795. Bobson Sesay test ified that upon receiving Gullit's orders, his group which included

Rambo Red Goat and Bajehjeh went to Kissy Market where they saw civilians singing

"They are our brothers". Immedi atel y the rebels, including the witness, we nt and shot a ll the

civilians. They eve n shot civilians who were in their homes. 2o~5 The witness said that wh ile

he used his gun to shoot the civi lians, some of his co lleag ues used machetes to kill the

civ ilians whil e others burnt civilians a live in thei r homes . 2o~6 The witness cou ld not esti mate

the actual number of cas ualties but stated that they were many. The witness further testifi ed

that the rebel group that attacked Low Cos t area came back afterwards and reported that they

too had carried out bu rnings and amputated and killed civilians there . The witness explained

that this second group was led by commander "C hauga Bulanga,,?047

796. Bobson Sesay further testified that the day afte r the operations in Kissy Market and

Low-Cost areas , Gu llit info rmed the fighters that he had heard that civilian s were hiding

ECOMOG forces in the mosqu e on Old She ll Road by having them take off their uniform s

and pose as civi l ians . 2o~8 Gullit then orde red "Five-Five" to lead a group of fighters to the

~1I4 1 Alimamy Bobson Sesay, Tra nscrip t 23 Apri l 2008. p. 836 1.

~U42 Alimamy Bobson Sesay , Tra nscri pt z i Apri l 2008 . p. 8353.

2U43 Alimamy Bobson Sesay. Transcrip t 23 April 2008 . p. 8351.

~1I44 A limamy Bobson Sesay . Tra nscri pt 23 April 2008 . pp. 8 353-835~ .

2045 Ali mamy Bobson Sesay . Transcript 23 April 2008 . pp. 8355 -8356 . 8359.

~1I4" Alimamy Bobso n Sesay, Tra nsc ript 23 April 2008. p. 8360 .

21147 Alimamy Bobson Sesay. Tra nscript 23 Apri l 2008. p. 8360 .

~ 1 14 ' Alimamy Bobson Sesay . Tra nsc ript 23 April 2008 . pp. 836 1-8363 .

3 11Case No .: SCSL -03-0 I-T 18 May 2012

MURDER OR UNL AWFUL KILLINGS

mosque and to kill everyone there.2049 Th e witness was in thi s group of fighte rs which was

made up of ove r [00 AF RC, RUF, STF , and Liber ian fighters, including "R ambo Red Goat"

and Med " Bajehjeh" .205o Bobson Sesay test ified that upon reaching the mosqu e, they saw

that the mosqu e was full of peopl e, they did not sea rch and they j ust started shoo ting

rand omly into the crowd. The rebel s kill ed everyone who was not able to escape, including

people he believed to be ECOMOG office rs, men, children, nur sin g moth ers, and old

women.2051 Bobson Sesay estimated that his gro up killed more than 20 people in this

attack.2052 Bobson Sesay further testified that afte r the Lome Peace Accord his uncle

informed him that tw o of his female cousins were among the vict ims of the attack.2053

Bobson Sesay test ified that as the y withdrew from the mosque they met Co mma nder G ullit

at Crazy Yard, and "Five- Five" report ed to Gullit that they had des tabilized the mosque and

kill ed the peopl e. 2054

797. Bobson Sesay further test ified that after the killings at Rogbal an Mosque, Gu llit

ordered Foday Bah Marrah (a .k.a. Bulldoze) to execute four white nun s they had ca ptured

when they we re withdrawing from Eastern Pol ice and that Bobson Sesay saw Bulldoze

shoo t and kill the fou r nuns at a location ca lled "Crazy Yard".2055 The nun s had been

ca ptured a long with a Bishop Ganda and a Fat he r Mari o, both of whom had managed to

escape.Y" Gull it gave the order to exe cut e the four nun s sayin g "he did not want them to

escape like Bishop Ga nda and Father Mar io as that would not be good for the rebel troops

The murder of four white nuns is corroborated by documentary evidence in Exhibit P-328

which describes the nuns as "Sisters of Ch arity".

798. The T rial Chamber admitted in ev ide nce pursuant to Rule 92quater the transcripts

and confidential witness statement of TF 1-02 [ from the AFRC and RUF trials.lo57 He was

not cross-examined in the present trial regarding his prior testimo ny as he is now deceased .

)U~O Alimamy Bab son Sesay , Tra nscript 23 Apri l 2008, p. 8362 .

, u5U Alimamy Ba bson Sesay, Tran script 23 April 2008, pp. 8362-8363 .

2115 1 Alimamy Ba bson Sesay, Transcript 23 Apri l 2008 . pp. 8363-8365 .

21152 Alimamy Bobson Sesay , Tran scr ipt 23 Ap ril 2008 . p. 8364 .

21153 Ali rnamy Ba bson Sesay . Transcrip t 23 April 2008. pp. 8364 -8365 .

2U 5~ Alimamy Bab son Sesay, Transcript 23 April 2008 . pp. 8365-8 367.

,11'5 Alimamy Ba bson Sesay, Tra nscrip t 23 April 2008 . pp. 8365-8 367 . 8368 .

211Sf. Alimamy Babson Sesay. Transc ript 23 April 2008. p. 8367 .

211 57 Exhibit P-287. "TF1-021. AFRC Tra nsc ript 15 Apri l 2005": Exhibit P-289. TF 1-021. "RUF Tran sc ript 15Ju ly 2004" ; and Exhibit P-288A (confidentia l). were all admitted in ev idence pursuant to Rule92quQler.

312Case No.: SCSL-03-0 1-T 18 May 20 12

.J,

MURDER OR UNLAWFUL KILLINGS

In his prior testim ony, TF 1-02 1 testifi ed that he was leading prayers at the Rogbalan

Mosque at about 12:30pm on a Friday in January 1999 when he saw more than 15 men

anned with guns and machetes jumping over the fence and into the compound.Y" They had

disgui sed themselves in di fferent ways, so me wea ring plastic bags on their heads, and so me

with their faces and/o r bodies painted with blue, charcoal or whit e substances.Y" So me of

the men were wea ring black polo shirts and long trou sers or shorts.206o The mosque was

overflowing with men, women and children, as people were there not only to pray but also"061to seek refuge."

799. Some of the ar med men approached TF 1-021 and told him that they were go ing to

kill everyone in the mosque.2062 TF 1-021 tried to stop them by giving them 80,000 Leones

co llected from people at the mosqu e, but afte r takin g the mon ey the armed men sa id that

they wo uld still kill all the civ ilians in the mosqu e.2063 TF 1-021 then accepted his fate,

tell ing the armed men that " it wo uld happ en if it was God ' s will " .2064 T he armed men

taunted the civil ians for believing in God and then began shooting randomly at the crowd

inside the mosque.2065 As the armed men were shooting, they sa id it was not their fault, but

the fault of Tejan Kabbah . who refused to have peace talk s with them.2066 When the shoo ting

ceased, TF 1-021 counted 7 1 dead people inside and aro und the outs ide of the mosque? 067

20, ~ Exhibit P-287. "TF I-02 1. AF RC Transcript IS Ap ril 200 5'". pp. 18735-18737: Exh ibit P-289. TF I-02 I ," RUF Tran script 15 Jul y 2004 ", pp. 18726-18728: Exhibi t 1'-288A (confidential). p. 18814 .

20, 9 Exhibit P-28 7. "TF I-02l , AFRC Transcript IS Apr il 200 5'", p. 18736: Exhib it 1'-289. "TF I-02 1. RUFTranscript IS Jul y 2004", p. 18727 : Exhibit P-288 A (confidentia l), p. 18815.

2060 Exhibit P-288 A (confident ial), p. 18814 .

206 1 Exhibit 1'-287, "TF 1-021, AF RC Transc ript 15 Ap ril 2005 ", p. 18737: Exhibit 1'-289 , ·'TFI -02 1. RUFTransc ript 15 July 2004". p. 1872 7: Exhibit P-288 A (confident ial). p. 18814 .

2062 Exhibit P-287, "T F 1-02 1. AF RC Tra nscript 15 Apri l 200S'·. p. 18738: Exhib it 1'-289, "TF 1-021. RUFTra nsc ript 15 Jul y 2004". p. 18728 : Ex hibit P-288 A (confidentia l), p. 18816.

lUI,] Exhibit P-287, "TF I-02l , AF RC Transc ript IS Apri l 2005 ", p. 18739: Exhibit P-289 , "TF I-02l , RUFTranscript 15 Jul y 2004 ", p. 18728: Exhibit P-288 A (confide ntial). 25 Fe bruary 2003" , p. 18816.

20(../ Exhibit P-287. "TF 1-02 1. AF RC Transcri pt IS Apr il 2005 ", p. 18739: Exhibit P-289 , "TF I-02 1. RUFTranscript IS July 2004", p. 18728: Exhibit P-288A (con fidential). p. 188 16.

206; Exhibit P-287. "TF I-02 1. AF RC Transcrip t IS April 2005", p. 18739 : Exhibit 1'-289. "TF I-02 1. RUFTranscript 15 July 2004", p. 18728: Exhibit P-288 A (con tidential). pp. 18816-1881 7.

211M Exhibit P-287, "TF 1-02 1. AF RC Transcript IS Ap ril 2005 ". pp. 18739, 18745: Exhibit 1'-289, "TFI-02l ,RUF Transcript 15 July 2004 ". pp . 18728-1 8729: Exhibit 1'-288A (confidential). p. 18817.

11167 Exhibit P-287, "TF I-02 1. AF RC Transcr ipt 15 Ap ril 2005 ". p. 18740: Exhibit 1'-289. "TF I-02 1. RUFTransc ript 15 July 2004 " . p. 18728. In both the AFRC and RUF trials. and in his confidentia l witness statement.TF I-021 identified a similar but different list o f victims . In the AF RC Tria l he listed Mem una Kalokoh,Mammy Bangu ra, Pa Alfre d Bang ura, Mam my Sawdatu from Kailahun, Mrs . Farmer. and his son. Exhibit P­287. "TF I-02l, AFR C Tr ansc ript IS April 200 5". pp, 18741-18743. In the RUF trial he listed Mo hammedTornbu , Pa Bangura....[a]nother Mamie" . "another Ya Mem una", Ibrahirn , and TF 1-021 's so n. Exhibit P-289,

3 13Case No .: SCSL-03-0 1-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

800. The Trial Chambe r also admitted in evidenc e pursuant to Rule 92quater the tran script

of the testimony of T F 1-083 from the AFRC trial. 2068 He too was not cross-examined in the

present trial regarding his prior testimony as he is now deceased . In his prior testimony. the

witness stated that in January 1999 he was livin g in Kissy. Freetown.2069 On 22 January

1999, 2070 he went to the Rogbalan Mosque to seek shelter after his hand was amputated.Y"

When he arrived at the mosque he saw what he estimated to be 70 corpses wearin g civilian

clothes outside of the fence surrounding the compound, inside the compound gates, and

inside the mosque.2072 Among the dead were children, old persons, men , and women.2073

Inside the mosqu e he a lso saw tripods , spoons, and clothes spread about.207-1 He testified that

he stayed in the mosque from after his hand was cut -off at about 12.00pm unti I about

6.00pm that evening.2075

80 I. Witness Corinne Dufka,2076 a senior researcher for the African Division o f Human

Rights Watch,2077 testifi ed that she reported on a massacre of60 individuals at the Rogbalan

Mosque on 22 Janu ary 1999.2078 Dufka interviewed 10 witnesses to the massacre who told

her that the rebel s gave the people in the mosque two days advance warning that they would

come to kill them, but the people inside the mosqu e stayed because they had nowhere e lse to

gO.2079 Witnesses to the attack told Dufka that when the rebels came, one gro up went inside

··TFI-021. RUF Tran script 15 July 2004". pp. 18730-1 8731. In his confidential witness stateme nt he listed PaBangura, a Loko Pastor. Mammy Safratu, Mernunata Kalokoh. Iman Issa Kamara. Mam ie Bangura, MariatuKamara. Ali eu Kamara, Alusine Sankoh, Mu sa Sankoh, and Amadu Tombo Bangura. Exhibit P-288A(confidential). p. 18819.

20(,' Exhibit P-290 A. "TFI-08 3. AFRC Trans cript. 8 April 2005" .

20m Exhibit P-290 A. "TF1-083. AF RC Transcript. 8 April 2005 ". p. 18764 .

2070 Exhibit P-290A. "T F 1-083, AFRC Tran scr ipt. 8 April 2005". pp. 18775-18786. 18803.

20 71 Exhibit P-290A. "T F1-083, AF RC Tran script. 8 Ap ril 2005". p. 18787.

2072 Exhibit P-2 90A. "T FI -083. AF RC Transcr ipt. 8 April 200 5". pp. 18787-18788.

2073 Exhibit P-290 A. "TF 1-083. AF RC Transcr ipt. 8 April 2005". p. 18788 .

2074 Exhibit P-290A. ··TFI -083 . AFRC Tran script. 8 April 200S'·. pp. 18787-18 788 .

2075 Exhibit P-290A. "TF I-083, AF RC Transcript. 8 April 2005 ". pp. 18788-18789 .

207(, Co rinne Dutka initia lly prepared a Report for the Prosecut ion entitled "Report of Cori nne Dutk a. HumanRight s Watch. to the Ofti cc of the Prosecuto r. Spec ial Court for Sierra Leone. 13 May 200T. This report wasnot admitted in ev ide nce following an objec tion by the Defence. Ms. Dutka' s oral test imony however. wasadmitted in co urt.

2077 Co rinne Dutka. Transc ript 21 January 2008. p. 1745.

207K Corinne Dutka, Transcr ipt 2 1 January 2008. pp. 1797. 1803.

2079 Corinne Dutka. Transcript 21 January 2008. pp. 1802-1803.

3 14Case No.: SCSL-03-01-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

and randomly shot at the civilians in the women's and men's sections, while the other stayed

outside and shot at people as they ran outside to escape.2080

802. Prosecution Witness Ibrahim Wai testified that rebels attacked his home village of

Tombudu around 23 December 1998 and he fled to Kissy and took refuge at the home of his

brother-in-law called Brirna, in Kissy?081 While there in January 1999 a rebel commander

that the witness previously knew very well, called Mohammed (a.k.a. Captain Blood)2082

came to the house with his bodyguards and attacked the witness and his brother-in-law's

family. Wai immediately recognised this same Captain Blood as the rebel that had attacked

Ibrahim Wai's home in Tombudu on 23 December 1998. Captain Blood asked the witness

for money and electronics and when the latter said he had nothing to give, Captain Blood

amputated Wai's hand with a machete and told him to "go to Pa Kabbah who had brought

many hands for the civilians".2083 As Wai ran to hide inside a toilet, the rebels also

amputated the hands of his brother-in-law's younger brother,2084 Wai further testified that

later on that night, the rebels set his brother-in-law's house on fire and his brother-in-law

called Brirna, who was trapped inside the house, was burnt to death?085

803. Exhibit P-328 documents the 22 January 1999 attack of Rogbalan Mosque in which

66 people were killed, as one of the events in a section describing mass killings and

massacres.2086

804, TF I-I 04 gave evidence in another trial and the Trial Chamber admitted the transcript

of his prior testimony as evidence in the present trial. 2087 In his prior testimony, the witness

told the Court that he was working as a nurse at the Good Shepherd Hospital in Kissy in

January 1999.2088 On 15 January 1999, while at the hospital, he saw a group of RUF/AFRC

lOW Corinne Dutka Transcript 21 January 2008, pp. 1802-1803.

109, Ibrahim Wai, Transcript 16 October 2008, pp. 18581-18585

2082 Ibrahim Wai, Transcript 17 October 2008, pp. 18585-18588. See Alimamy Bobson Sesay, Transcript 24April 2008, pp. 8462. 8489. where Bobson Sesay says that "Captain Blood" was one of Bazzy's security menand that his real name was Bob Lahai.

20~, Ibrahim Wai, Transcript 17 October 2008. pp. 18588-18592.

2084 Ibrahim WaL Transcript 17 October 2008. p. 18594.

2085 Ibrahim Wai, Transcript 17 October 2008. pp. 18566-18597.

20~o Exhibit P-328. "Human Rights Watch Report, Getting Away with Murder. Mutilation. Rape. New Testimonyfrom Sierra Leone, July 1999". pp. 23000-2300 I.

2o~7 Exhibit P-212A, ooTFI-1 04, AFRC Transcript, 8 April 2005" and Exhibit P-212B (confidential). The witnesswas cross-examined on his prior testimony on 23 October 2008.2088 Exhibit P-212B (confidential), pp. 5-9.

315Case No.: SCSL-03-0 1-T 18May2012

MURDER OR UNLAWFUL KILLINGS

Juntas shoot a civilian man in the nearby ce me tery . The civilian was fro m Fourah Bay and

sustained se rious g uns hot wo unds to the sto mach from w hich he later d ied in the

hospital.2089 O n 18 January 1999 a group o f " RU F and j untas" we nt to search the Good

Shepherd hospi tal accus ing the staff there of " treating ECOMOG and Kam aj ors" . The Juntas

forced every body out o f the hosp ital. inc lud ing staff, patients and visito rs , an d started

beating them w ith a stick called a "cobo ko".2090 Th e juntas took TF 1-104 along with 200

other civilians2091 to one Pa Zubay's house located a sho rt distance from the hosp ita l. On the

way to thi s hou se, the AFRC/RUF fighters sho t to death a Nigerian busin essm an called Ike

who had been admitted for treatment of his g unshot wounds in the Good She pherd

hospital.2on A num ber o f Junta co mma nders had ga thered at Pa Z ubay's hou se including

o ne "Capta in She pherd" who m the witnes s had previou sly met and o ne "Capta in Blood ".

T he civilians we re mad e to stand against a wa ll and the Juntas opened fire, shooting

random ly at the civi lia ns . The w itness testifi ed that 15 civilians we re sho t to death as a

resu lt, and that he was lucky to escape with bull et wounds on his elbow, knee a nd hip. 209J

Find ings

805. The Trial Cha mber find s, bas ed o n the rel iable and cred ib le evidence of Moh amed

Sesay, that the Prosecution pro ved that ( i) arou nd 12 January 1999 at PW D near Ferry

Junction, two civilian men were intenti on ally kill ed in a ritualisti c murder by the invading

rebel forces described by the witness as " rebe ls and SLAs" ; (ii) that around 15 Janu ary 1999

at Falcon Street, an RUF rebel called Issa Co nteh intentionally killed an old c ivi lian woman

as part of "O peration No Living Thing"; ( iii) tha t aro und 18 January 1999 at the hou se of

o ne Abbas, a rebe l ca lled "Comma ndo " intention all y shot and killed 8 yo ung c ivi lian men

who had refused to surre nde r the ir hands to h im for am puta tion; ( iv) and tha t on the sa me

occas ion rebels ac ting unde r the o rde rs of "Comma ndo" intenti on al ly hack ed to death 5

other civilian men wh o had sim ilarly refu sed to sur render their hands to him for am putation.

The T rial Cha mber also find s based on the credi ble ev ide nce of TF 1-098 that (v) on 18

January 1999 a reb el ca lled To mmy intention ally amputated and cau sed the death of one

civ ilia n at Fatarama n Stree t in Kissy . Add itio na lly, the Trial Cha mber find s based on the

)",,,, Exhibit P-212B (confidential). p. 19.

10", ' Exhibit P-212B (confidentia l), pp. 22-24.10" 1 Exhibit P-212B (confidential). p. 25.)0") Exhibit P-212B (confidential), p. 24.

316Case No.: SCSL-03-0 1-T

.,.:;:r

/ V

18May 2012

MURDER OR UNLAWFUL KILLINGS

credible ev idence of Ibrahim Wai that (v i) in Jan uary 1999, rebels led by a command er

ca lled Ca pta in Blood intentiona lly ki lled a civ ilian named Brima who was set ablaze in his

house at Kissy . The Trial Chamber furth er finds based on the credible ev idence of TF I-I 04

that (vii) in Jan uary 1999, at the Good Shep herd Hospital in Kissy, AF RC/RUF j unta forces

under the comma nd of Captai n Blood inten tionally exe cuted 17 civilians inclu d ing Ike the

Nigerian businessman and another civili an shot at a nearby cemetery. The Tria l Chamber

further find s that none of the civilian victims in the above instances was ta king an active part

in the hostilities at the time of death.

806. The Trial Chamber further find s, based on the reliable and cred ible evide nce of

Alima my Bobson Sesay (viii) that in the third wee k of Janu ary 1999, rebels co mprising

members of the AF RC, RUF, STF and ot her Liberian fighters ac ting on the orde rs of

Co mmande rs G ullit, Rambo Red Goat an d Baj ehjeh , intentionally killed an unkn own

number of c ivilians at Kissy Market and Low Cost area in Kissy whom they suspe cted of

supporting ECOMOG; and (ix) that on 22 Janu ary 1999 afte r the massacre at Rogbalan

mosque , a rebel ca lled Foday Bah Marra h (a. k.a. Bulldoze) acting on the orders of G ullit,

intent ionally shot and killed four white nun s. The Tr ial Cham ber finds that none of the

civ ilians in the above instances were taking an active part in the hostilities at the time of

death.

807. The Trial Chambe r further find s, based on the reliable and credible evide nce of

Alimamy Bab son Sesay as corroborated by Witn esses TF 1-021; TF 1-083; Corinne Dufka

and Exhibit P-328 that (x) on 22 Janu ary 1999 at Rogbalan Mosque in Kissy , rebels

including mem bers of the AF RC, RU F, STF and Liberian fighters under the co mma nd of

Gu llit, Five-Five, Rambo Red Goat and Bajehjeh, intentionally killed over 60 civilians who

had taken refuge in the mosqu e, on suspic ion that they were har bouring ECOMOG forces .

The Trial Chambe r also finds that none of the civilians in this instance was tak ing an active

part in the hostiliti es at the time of death.

808. Further the Trial Chamber takes note of ev ide nce relat ing to co mmen ts by rebel

co mmander Gu llit inci ting the rebel forces to "burn all the houses and kill all the remai ning

civilians" in Kissy, a ll of whom he perceived to have "betrayed the AF RC/RUF". The Tr ial

Chamber particul arly takes note of the ind iscr iminate killi ng of innocen t civi lians including

2M3 Exhibit P-212B (confide ntial), pp. 24-29.

317Case No .: SCSL-03 -0 I-T 18 May 20 12

MURDER OR UNLAWFU L KILLINGS

Catholic nun s, wo men and children see king refuge in places of wo rship like the Rogbalan

Mosque. The Trial Cham ber also takes particular note of the publ ic or ritu alistic exec utio n

of the civilians often by gruesome means as hackin g by axe or machete, and the dec laration

of "Operatio n No Liv ing Thing" as means by whic h the rebels territied the civil ian

popul ation. The Trial Chamber acco rding ly finds that the perpet rators wilfully made the

victims the objec t of such violence and the prim ary purp ose of the murd ers in Kissy was to

instil terror in the civilian population.

ililL Unlawful killin g of civ ilians in Fourah Bay in late January 1999

809. Alimamy Bobson Sesay testifi ed that in the seco nd week of Ja nuary , ECO MOG

forces dislodged the rebel forces from State House and the latte r retreated to Eastern Polic e

where they stopped to wa it for reinforcem ent that had arr ived and was waiti ng at A llen

Town.2094 While there, the rebel troops amb ushed and ca ptured a Governme nt delegation

consisting of one Doctor Daboe and two Ministe rs. The rebels sent the captives to Ferry

Jun ction where Gullit was situated. G ullit ordered the summary execution of the three

Government offic ials say ing " they were co llaborators and they were the people who fought

aga inst us that led us to go into the bush" . Bobson Sesay testified that the three Government

offic ials we re executed at Ferry Jun ction and their bodies disp layed there.2095

810. Bobson Sesay furt her testified that sometime after the third week of January 1999,

when the rebel troops had been reinforced by a group of 50 SLAs and RUF members led by

Rambo Red Goat and had recaptured Stat e House,2096 they heard on BBC radio that Sam

Bockarie (a.k.a. Mosqu ito) had rejected a cease fire and peace talks with the Go vernment.

Thereafter, Mosqui to ca lled Gullit on the radio set, and after warning the latter that the

Gov ernme nt was "j ust trying to reo rganise themselves to flush us out of Freetow n",

Mosq uito instru cted Gullit " to kill civ ilians and burn down stra teg ic areas so that there

wo uld be no governme nt and there wo uld be no one to r the governme nt to rule,,.2097 After

this message, Gullit ordered his senior co mmanders to distribute fuel to the forces in

ZO')~ Alimamy Bobson Sesa y, Tra nscript 23 April 2008 . pp. 8322 -8324 .

ZO'lj Alimamy Bobson Sesay . Tran script 23 April 2008. p. 8326 .

ZO% Alimamy Bobson Sesay, Transcript 23 Apri l 2008 . pp. 8327-83 28.

ZO'l 7 A limamy Bobson Sesay. Transcript 23 Apri l 2008 . pp. 8328-8329.

3 18Case No.: SCSL -03-0 I· T 18 May 20 12

J.

MURDER OR UNLA WF UL KILLINGS

Freetown, who started burning build ings as they withdrew from State House where

ECOMOG had attacked them.2098

8 11. Bobson Sesay was with the advance team of the rebels during the withdrawa l that

moved from State House to Eastern Police and then Mountain CUt.20')9G ullit, Five-Five, and

Bazzy met them near Savage Square 2100 and told them that civilians had challenged them by

killing an AFRC fighter in Fourah Bay.2I0 1 In response, Gullit ordered Sesay and some other

men, includin g the witness, Bazzy and Five-Five, to bum down Fourah Bay and kill the

people there.2I 02 Bobson Sesay, who participated in this operation, stated that on arrival at

Fourah Bay the rebels burnt a lot of houses and killed a lot of civilians by either burning

them alive inside of their homes. or by forcing them outside of their homes and killing

them.2l03 Explaining how the rebels attempted to bum all of the houses down and kill all of

the civilians in Fourah Bay. the witness stated, " Whenever we went on such a miss ion we

would always make sure that nobody esca pes and even there we did not allow anybody to

escape....we would not just set fire to a house and move. We will stand there until we see

that every thing was burnt to the ground" .2I 04 The witness testified that the whole team

including Gulli t, Bazzy and Five-F ive participated in the Fourah Bay operation, in,105

vengeance for the death of one of the rebels:

8 12. The Trial Chambe r also considered Exhibit P-077. In the context of descr ibing

arbitrary attac ks by the retreating rebels against civilians in Freetown in January 1999,

Exhibit P-077 referred to an incident around 21 January 1999 at Fourah Bay Road where

three children were executed and the limbs of their three sisters were amputated or

mutilated.2lo6

Findings

~ "9R Alirn arny Ba bson Sesay, Tra nscri pt 23 Apri l 2008. pp . 8330-8331.

2U99 Alimamy Bab son Sesay, Tra nscri pt 23 April 200 8. p. 8332.

21(X) TF I- I04 testified that Fourah Bay is an area with in Kissy, aro und Sava ge Square. See Exhibit 1'-2128(confident ial). p. 20732 .

11"1 Alimamy Babson Sesa y, Tran scrip t 23 April 2008 . pp. 8332-83 33.

~ I "I Alimamy Bab son Sesay . Transcrip t 23 Apri l 2008. pp. 8333-8334 .

~ I "J Alimamy Bab son Ses ay, Transc ript 23 April 2008. pp. 8333-8334.

210-1 Alimamy Bab son Ses ay , Transcript 23 Ap ril 2008. p. 8334 .

I I ";Ali mamy Babson Scsay, Transcript 23 April 2008. p. 8334 .

21<". Exhibit 1'-077 (confidentia l). p. 9292 .

3 19Case No .: SCS L-03-0 1-T 18 May 20 12

4°3:1-3MURDER OR UNLAWFUL KILLINGS

813. The Trial Chamber further finds, based on the reliable and credible evidence of

Alimamy Bobson Sesay (i) that in the second week of January 1999, three civilian

Government officials including Dr Daboe and two Ministers, were intentionally killed at

Ferry Junction on the orders of Gullit as punishment for being "collaborators" of the

Government; and (ii) that in the third week of January 1999, rebels comprising members of

the AFRC, RUF, STF and other Liberian fighters acting on the orders of Commanders

Gullit, Bazzy and Five-Five intentionally killed an unknown number of civilian in Fourah

Bay area by either burning them alive inside of their homes, or by forcing them outside of

their homes and killing them, in revenge for an AFRC fighter that had been killed in the

area. The Trial Chamber further finds based on the documentary evidence in Exhibit p-on(iii) that around 21 January 1999 at Fourah Bay Road, retreating rebels intentionally killed

three civilian children. The Trial Chamber also finds that none of the civilians in the above

instances was taking an active part in the hostilities at the time of death.

814. Further the Trial Chamber finds based on the above evidence that the civilian killings

in Fourah Bay area were part of the reprisal killings by the rebel forces as they fled

Freetown. In this regard, the Trial Chamber takes note of comments by rebel commanders

that the captured Government officials were "collaborators" who deserved to die and that the

civilians of Fourah Bay also deserved to die for killing an AFRC fighter. The Trial Chamber

particularly takes note of the public display of the bodies of the three Government officials

at Ferry Junction and the random burnings and amputations that accompanied the civilian

killings, as means by which the rebels terrified the civilian population. The Trial Chamber

finds, based on the above oral and documentary evidence that the perpetrators wilfully made

the victims the object of such violence and the primary purpose of the murders in Fourah

Bay was to instil terror in the civilian population.

fuL Unlawful killing of civilians in Calaba Town in the third week of January

815. Alimamy Bobson Sesay testified that after the rebel troops had withdrawn from

Rogbalan Mosque and killed the nuns, Gullit told them that he had received information that

the Guinean ECOMOG forces were moving from Kambia to Waterloo in pursuit of the

rebels. Consequently, Gullit ordered the rebel troops to withdraw from PWD to Allen Town

in order to escape the advancing ECOMOG forces and "to bum as many buildings and

capture as many civilians as possible along the way in order to force the Government to320

Case No.: SC:SL-03-01-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

recogni se them".2I o7 Bobson Sesay expl ained that en route, the rebel forc es21os went through

Kissy Mess Mess, the Porty Market are a, Brewery, Ca laba Town and All en To wn, engag ing

ECOMOG forc es, burning buildings , amputating and/o r capturing many c ivilians as the y

went.2l09

816. On thi s initi al retreat from Kissy, Bobson Sesa y testified that they passed through

Calaba Town with out stopping because there was an attack around the area, and then

stopped in the hill s of Allen Town.2lIOAlthough there were civilians in the hill s of Calaba

Town when the fighters went through, Gullit orde red the rebel troops to adva nce at once to

A llen Town.2l11

817. Describing the rebel withdrawal at this tim e, Bobson Sesay to ld the Co urt, " When

we were movin g we were like wounded lions, beca use the way we w ithdrew we we re so

desperate that we we re burning along the way whilst we were com ing . Ta k ing civilians from

out of their houses, those that we saw we re not fit enough we would execut e them and we

advanced because it was a mass withd rawal',.2112 Bobson Ses ay test ified that they ca ptured

many civili an s as they withdrew from Freetown. including men . wome n a nd children a nd

guarded them well so they co uld not escape, while exec uting those that were not fit enough

to move w ith the rebel troops.2IIJ When asked wh eth er the houses they burnt had peopl e in

them, he testifi ed that " Some were empty, so me had people in them, but we were moving.

Because the bri gad e was very long, so whil e the fighting force was ahe ad we would attack

and bum and the other fighting forces on the back would do the same. So me would capture

civilians and othe r would be executing them whil st we would be adv ancing a nd withdrawing

!1<l7 Alimamy Bobson Sesay, Transcript 23 April 2008. p. 8340 .

W IK The witness ex plains that by this time. the initial rebel forces com prising mem bers o f the AF RC/ RUF/STFand Libe rian lig hters were reinforce d by SLA and RUF members who had come with Rambo Red Goat andsome of the forme r prisoners that had been freed by the rebel s from Padernba Road Prison. Alimamy BobsonSesay, Transcript 23 Apri l 2008 . pp. 8340-834 1.

! I<l') Alirnamy Bobson Sesa y, Transcript 23 Ap ril 2008 . pp. 8368 -8369 .

! I IU Alirnamy Bobson Sesay, Transcript 23 April 2008 . p. 8370.

2 111 A limamy Bobson Sesay, Tran scri pt 23 Apri l 2008 , p. 837 1.

2 11! Alimamy Bo bson Sesay. Tra nscri pt 23 Apr il 2008. p. 8369 .

!I13Alimamy Bobson Sesay, Transcr ipt 23 April 2008. pp. 8346-8 347 . 8370. The witness stated that the civilians

cap tured from Freetown. a nd in the course o f the rebel withdrawal from Freetown. we re referred to by the codename " fa mily mem bers" and were closely guarded by the whole brigade so that none esca ped. These civ ilianswere also used by the brigade to carry " loads" of food and amm unition as well as cook for the brigade. Alima myBobson Sesay. Transcr ipt 23 April 2008. pp. 8350. 837 1.

32 1Case No. : SCSL-03-01-T 18May 2012

MURDER OR UNLAWFUL KILLINGS

from the area".2114 Bobson Sesay further testified that when they set fire to a house with

people inside, that the "people were screaming and they died".2115

818. Bobson Sesay told the Court that the retreating rebel forces met resistance from

ECOMOG at Calaba Town and quickly proceeded to Allen Town. However, once they

arrived at Allen Town, Gullit ordered Hassan Papa Bangura to organise fighters to go back

to Cabala Town to attack the ECOMOG forces and to ensure that "anywhere civilians were

and houses were they should bum down the area so that Freetown becomes

ungovernable'V'I"

819. Bobson Sesay testified that a team of more than 200 fighters, including members of

the RUF, AFRC, STF and former NPFL fighters led by Hassan Papa Bangura (a.k.a. Bomb

Blast), Rambo Red Goat, Med Bejehjeh and the witness, attacked Calaba Town but did not

see any ECOMOG forces there.2117 Instead the rebel fighters set about burning buildings

and killing civilians as ordered by Gullit. They shot and killed most of the civilians, but

some of them were hacked to death in order to preserve bullets, and some burned to death

inside their homes, which had been set on fire. 211 8 Bobson Sesay testified that the rebel

troops killed an unknown number of civilians and that "We all killed, let me tell you that. I

myself, I killed. Other men killed".2119 After this mission ended they again withdrew to

Allen Town.212o

820. The Trial Chamber admitted in evidence the transcript of testimony of Prosecution

Witness TFI-029 given in the RUF trial. 2121 In her prior testimony, TFI-029 testified that

after she and 50 other civilians were captured in Wellington by RUF and AFRC fighters

including the SLA soldier Major Arif on 22 January 1999, they all travelled en masse

together to Calaba Town, where they stayed for two weeks. 2122 On the way from Wellington

211~ Alimamy Bobson Sesay, Transcript 23 April 2008. p. 8370.

211; Alimamy Bobson Sesay, Transcript 23 April 2008, p. 8370.

2116 Alimamy Bobson Sesay, Transcript 23 April 2008. p. 8371.

2117 Alimamy Bobson Sesay, Transcript 23 April 2008, pp. 8371-8372.

211S Alimamy Bobson Sesay, Transcript 23 April 2008, pp. 8372-8373.

2119 Alimamy Bobson Sesay, Transcript 23 April 2008. pp. 8371-8372.

2120 Alimamy Bobson Sesay, Transcript 23 April 2008. p. 8372.

2121 TFI-029 testified in the RUF trial. The transcript of her evidence was admitted as Exhibit P-206 ("priortestimony") under Rule 92bis. In the present trial, the witness was cross-examined. See TF 1-029 Transcript 22October 2008. pp. 18969-18983.

2122 Exhibit P-206. "TF 1-029, RUF Transcript 28 November 2005". pp. 19415-19418.

322Case No.: SCSlAl3-01-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

to Calaba Town TF 1-029 saw the rebels burnin g houses and killing civili ans.2123 During the

two wee ks that TF 1-029 staye d in Ca laba Town she also testified that the rebels cut off the

head of an ECO MOG fighter. and that an AF RC fighte r named Colonel T ito shot and killed

one nun and shot two other nun s in their hands .212~ The body of the dead nun was buried

near the kola tree.2125

821. Whil e TF 1-029 test ified consistently co ncerning this event in both the RUF trial and

this trial, the Defence d id question TF 1-029 regarding Prosecution inte rview notes from 24

November 2003 wherein she purportedly stated that a ll three nuns were killed by Co lonel

Ti to. TF 1-029 testi fied that the intervi ewer recorded he r word s incorrectly and that on ly one

nun had died and the other two were injured.2126

822. Osma n Jalloh testified that he was in Ca laba Town in January 1999.2127 .lalloh further

told the Co urt that in the second or third week of .lanu ary 1999. rebels travelled throu gh

Ca laba Town into the hill s with loads on their heads, but warned the resid ents of Ca laba

Town that they wo uld be back to "dis turb" them. 2128 .lalloh had heard that ECOMOG had

driven these rebe ls from Free tow n, We llingto n and Kissy .2129 .lalloh testifi ed tha t two to

three hours after the rebels had go ne into the hill s he heard gunshots and we nt to the

compound of his ne igh bour , Mr Jalloh, to hide.w o The w itness and ten others. inc luding

elderly peopl e and suck ling ch ildren, hid in a little tin shack for six days, until an arme d man

wearing civil ian clothes and a goat horn on his head knocked on the door as king for

money.i' "

823 . The man searched the witness ' s pockets and took 2,000 Leones tha t he found

there? 132 Whe n the armed man did not find any money on the othe r c ivilians he put them

bac k into the tin shac k, set the straw mattress ins ide on fire, and left them there for abo ut

~ 12J Exhibit P-206. "TF1-029, RUF Transc ript 28 November 2005". p. 19418.

~ I ~J Exhibit P-206. "TF 1-029. RUF Transcript 28 November 2005". p. 19419.

~m TF I-029. Transcript 22 October 2008. p. 18979.

212(, TF 1-029. Transcript 22 October 2008. pp. 18978-18979.

~ 121 Osman Jalloh. Transcript I October 2008. p. 17675.

~ 12 ' Osman Jalloh. Transcript I October 2008. p. 17682.

2129 Osman Jalloh. Tran script 1 October 2008. pp. 17678. 17682.

~ 13l) Osman Jalloh, Transcript 1 October 2008. p. 17683.

~IJ I Osman Jalloh. Tran script 1 October 2008. pp. 17684-1 7690.

W2 Osman Jalloh. Tran script 1 October 2008, p. 17688.

323Case No.: SCSL -03-0 I-T 18 May 2012

MURDER OR VNLAWFUL KILLINGS

five minut es before allowing them to co me out,2I33 T he armed man then said that even

though the othe r civ ilians did not have money. they sho uld give him somet hing else if they

did not wa nt to be burn t a live .2I34 Oti ck , the ow ner of the co mpo und. told the armed man

that he wo uld give him 86 bags of rice.2135 The armed man ope ned the co mpound door and

about 100 reb els dressed in civilian clothes came into the co mpo und, taking the bags of

rice. 21 36 Th e rebels left and the civ ilians remai ned in the co mpo und.t ' r"

824. The foll owi ng day a tall rebel cam e to the hou se and took the civi lians to Sayinoh

Junction, wh ich was between Calaba Town and Wellington. 2138 The reb el said that it was

" fo r their sa fety because if ano ther group of rebels came the civi lians wo uld have noth ing to

giv e them. and wou ld be killed ".2139 Jalloh testified that as they walked from Calaba Town

to Sayinoh Junctio n he saw "a lot o f corpses lying by the road" .2140 Jalloh furt her testifi ed

that he co uld not ide ntify the corpses lyin g in the stree t, but that he ass umed that they we re

civi lians because they we re wearing civ ilian clothing and not milit ary un ifonns.2141 The re

were old peopl e. wo me n and chi ldren amo ng the co rpses .2142 Jalloh es tima ted that there

were app roximately 100 co rpses over a 200 yard stre tch of road. and test ified that there we re

so many that they had to wa lk in a "zigzag" to avoid stepping on them .21 43 The only place he

stopped seeing co rpses was " the culvert" between Ca laba Town and We liington.2I-14

825 . Jalloh testi fied that when they arrived at Sayinoh Jun ction , there were over 100

armed rebels there dressed in civilian cloth es who spoke in bad Krio and sitt ing on the floor

of one Mr Okab ia' s hou se.2145 The Comm and er was the only person seated in the hou se on a

cha ir.2146 Children aro und the age of 10 years o ld we re 50 yards away from the house

2133 Os man Ja lloh, Tra nscript I Oc tober 2008. p. 17691 .

!13 ~ Os man Ja lloh, Transcript 1 Oc tober 2008. p. 17692.

2 135 Osman Ja lloh, Tran script 1 Oc tober 2008. p. 17693.

2136 Osman Ja lloh. Transcript 1 Oc tober 2008. pp. 17693-17694.

2 131 Osman Ja lloh. Transcript 1 Oc tober 2008. p. 17695.

wx Osman Ja lloh, Tran script 1 Oc tober 2008, pp. 17695-17698.

213" Os man Ja lloh . Tran scr ipt 1 Oc tober 2008. p. 17696.

m" Os man Jallo h. Transcript 1 Oc tober 2008. p. 17698.

2 1 ~ 1 Os man Ja lloh. Tra nsc rip t 1 Oc tober 2008, pp. 17699-1 7700.

2 1 ~ 2 Os ma n Jalloh, Transcript I October 2008. p. 1770 I .

m 3Os man Jalloh , Transcr ipt I Oc tober 2008. p. 1770 1.

2 1H Os man Ja lloh. Transcript I October 2008. p. 17702.

" ~5 Osman Jalloh . Transcript I October 20 08. pp. 17703-1 7705.

2 1 ~6 Osman Jalloh, Tra nscript I Oc tober 2008. p. 17705.

324Case No .: SCSL-03 -0 I-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

packing sto nes on the highway to prevent ECOMOG from coming through. 2147 The rebels

ordered the captives to go to the top floor of the two story hou se, and to warn the rebe ls

whenever the ECOM OG helicopter re ferred to by the rebels as the Alp ha Jet or "Wowo

Boy", was going to co me to attack them . T he rebel s wa rned the civilians that if they failed to

warn the rebels as ordered, they wo uld puni sh the c ivilians by ampu tating their hands.2148

Jalloh told the cou rt that when the Alpha Jet came and shot at them, the rebels ran ou tside

and hid. 2149

826. When the Alpha Jet had left the rebels started amputating the hands of civilians .

Otic k refused to place his hand on the mortar two times, and the rebel then chopped him two

times in the head with a cutlass. 2I5OJalloh testifi ed that blood spilled out all over and that

Otick fell to the g round . Jalloh testifi ed that the rebels told him to place his hand s on the

mortar block and they chopped them both o ff. one at a tim e.2I5 1 The rebels then told Jalloh

"t o tell Pa Kabbah and the ECOMOG that if they cam e to meet the fight ers that they would

be chopped in the same way".2152 Jall oh left the house and walked until he came upon

ECO MOG so ldiers who took him to Co nnaug ht Hosp ital. 2153 Jall oh saw Otick again at the

Co nnaught Hosp ital, and testified that Otick died there three days late r.2154

827 . At Co nnaught Hosp ital Jalloh was also to ld that Ya Sarnpa, who was his neigh bour

and who had been with him at the house when his hands were amputated . had bee n

"chopped up" and subseq uently died. 2I55 However he did not see her co rpse, nor did the

others that made their way to the hospital from the scene of the crim inal event.2156 Jalloh

testified that he believed that his hand was amputated on 28 January 1999 because this was

the date he was to ld it was whe n he was admitted to Connaught Hospit al. 2157

W7 Os man Ja lloh. Transcript I October 2008 . pp. 17707-17708.

Z J ~~ Os man Jalloh. Transcr ipt I October 2008. pp . 17709-1 7710.

Z J ~9 Osman Ja lloh. Transcript I Octo ber 2008 . p. 17711.

zrso Osman Jalloh, Transcrip t I October 2008 . p. 1771 7.

m l Osman Jalloh, Tran script I October 2008. p. 17718.

mz Os man Ja lloh, Transcript 1 Octo ber 2008 . p. 17719.

Z15) Osman Jalloh. Transc ript I Octo ber 2008. pp. 17719-1 7721 .

Z 15~ Osman Jalloh, Transcript I October 2008. p. 17718.

ZI S; Osman Jalloh. Transcript I Octo be r 2008. p. 17726.

ZIS' Os man Jalloh. Tran scr ipt I Octo ber 2008 . p. 17726.

ZIS7 Os man Jalloh, Tra nscript I Octobe r 2008. p. 17734.

325Case No .: SCSL- 03-0 1-T

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MURDER OR UNLA WFUL KILLINGS

828. Paul Co nteh2158 testi fied that on 19 Jan uary 1999 he was in Ca laba Town,2159 At this

time the fighting between ECOMOG and the "rebe ls" was "so imme nse" that he decid ed to

tlee to Jui by way of Allen Town,21 6o On the main road to Allen Town he was force d to tum

back two days later because the ECOMOG were "s hedd ing bombs" and there were civi lians

moving tow ard Allen Town,2161 On his way back to Ca laba Town, as he was pass ing

through Thomas Place, he saw approxim ately 40 civil ian corp ses dressed in "plain

c1oth".2162 He testified however, that he did not know how they had died,2163

829. In his prior testim ony, Prosecution Witness TFI _0982164 testified that on 6 January

1999 he was near the East End Pol ice and Mountain Cut a rea of Freetown when the rebels

attacked.i'" During this time he observed civilians, Kamajors, and ECOMOG so ldiers

co ming from Ca laba Town to the East End Poli ce area,21 66 Two days later, TF 1-098 left to

attempt to find his mother in Ca laba Town,2167 From Ferry Junction he used the O ld Road to

travel to Ca laba Town, and testified that he saw many co rpses of men, women and children

a long the way,2168 After locat ing her there, he returned back to the East End Pol ice a rea

using the New Road, and test ified that he aga in saw many corpses of civilians.2169

Findings

830. The Tria l Chamber finds the above first-hand evidence credibl e and reliabl e. While

Bobson Sesay participated in the Cal aba Town attack, the other witn esses were civilian

victims of the attac k and gave first-hand acco unts of their experiences. Based on the above

evidence the Tr ial Chamber finds that the evide nce proves that around 18 to 22 January

m. Paul Conteh gave evidence concerning murders in Ca laba Town in the AFRC tria l. which was admi tted asprior testimony under Rule 92bis. Paul Conte h, Tra nscript 27 October 2008. p. 19314 . He was cross-examinedby the Defe nce co nce rning this tes timony in this tria l.

2ISQ Exhibit P-2 IS. "TF I-227 . AFRC Transc ript 8 Apri l200S" , p. 208 14.

2 160 Exhibit P-2 IS. " TF 1-227. AFRC Tra nsc ript 8 April 200S" , p. 2081S .

2 16 1 Exhibit P-21S, "TF I-227, AFRC Transc ript 8 ApriI200S'·. p. 208 16.

2 162 Exhibit P-2 1S. "T F 1-227, AFRC Transcript 8 Ap ril 200S". p. 208 16.

2163 Exhibit P-2I S. "T F 1-227. AFR C Transcript 8 Ap ril 200S". p. 208 16.

21(,-1 TF I-098 gave ev idence concerning murde rs in Ca laba Town in the AFRC tria l. which was ad mitted as priortestimony under Ru le 92bis. TF I-098 , Transcript 23 October 2008 . p, 1914 7. He was cross-examined by theDefence concerni ng this testimony in this tria l.

2165 Exhibit P-21O. "TF 1-098. AF RC Transc ript S Apri l 200S". p. 20682 .

2"'" Exhibit P-21O. "TF 1-098. AFRC T ranscript S Ap ril 200S". p. 20682.

2 1(,) Exhibit P-2 10, "TFI-098. AFRC Transc ript S Apri l 200S". p. 20683.

! I(,. Exhibit P-2 10, "TF I-098. AFRC Transc ript S April 200S", p. 2068 S.

! J(,Q Exhibit P-21O. " '1'171-098. AFRC Transc ript S April 200S". p. 2068 S.

326Case No.: SCSL -03-0 1-'1' 18 May 2012

MURDER OR UNLAWFUL KILLINGS

1999, on the orders of commanders Gullit, Bazzy and Five-Five, members of the RUF,

AFRC, STF and former NPFL fighters led by Hassan Papa Bangura (a.k.a. Bomb Blast),

Rambo Red Goat, Med Bejehjeh and the witness, intentionally massacred hundreds of

civilians at Calaba Town by shooting, burning or hacking them to death including (i) a

civilian nun who was intentionally shot dead by an AFRC commander called Tito, (ii) Otick

and Ya Sampa who were civilians who were intentionally hacked to death with machetes

and (iii) an ECOMOG soldier who was hors de combat was intentionally beheaded. The

Trial Chamber finds that none of the victims in the above instances was taking an active part

in the hostilities at the time of death.

831. Further the Trial Chamber is satisfied based on the above evidence that the civilian

killings in Calaba Town were in reprisal for the defeat that the retreating Junta forces had

suffered in Freetown. In this regard, the Trial Chamber takes note of the large numbers of

Junta forces that participated in this attack, the mass abduction of civilians by the retreating

rebel forces, the orders issued by rebel commanders Gullit "to bum as many buildings and

capture as many civilians as possible along the way in order to force the Government to

recognise them" and the comments by the rebels as they amputated Osman Jalloh and sent

him "to tell Pa Kabbah and the ECOMOG that if they came to meet the fighters that they

would be chopped in the same way". The Trial Chamber also takes note of the public

display of the hundreds of corpses of men, women and children left strewn along the

highway in the area. The Chamber finds that the perpetrators wilfully made the victims the

object of such violence and the primary purpose of the murders committed in Calaba Town

was to instil terror in the civilian population.

~ Unlawful killing of civilians in Kingtom, Allen Town and Tower Hill areas

832. Alimamy Bobson Sesay testified that around the second week of January 1999, while

the rebel forces still occupied State House, Gullit received information that ECOMOG

forces were poised in Kingtom, a suburb of Freetown, and were preparing to attack the rebel

forces at State House. Gullit remarked that "it was the civilians who went and called on the

ECOMOG to go and base in Kingtom".2170 Consequently, Gullit declared the area from

Siaka Stevens Street, Kingtom Road, the Cotton Tree Area through to Pademba Road area,

up to Tower Hill, a "killing zone wherein anybody who came around that area was

327Case No.: SCSL-03-01-T

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MURDER OR UNLAWFUL KILLINGS

considered an enemy and that person should die".2171 Gullit ordered his commanders

including Basky to go to Kingtom "to repel the ECOMOG forces and put the situation under

control". Bobson Sesay testified that he was part of the group of 150 rebels comprising

members of the AFRC/RUF/STF and Liberian fighters that attacked Kingtom on Gullit's

orders.2172 Sesay further testified that in Kingtom, the rebels attacked ECOMOG but also

killed many civilians and burnt buildings before withdrawing back to State House.2173 Sesay

told the Court that the civilians in Kingtom were killed "because they had gone and called

ECOMOG to base in there", and that they were either pulled out of their houses and shot to

death or burnt alive in their homes.2 174

833. Bobson Sesay testified that other Commanders who killed civilians in this "killing

zone" during the second week of January 1999 included Junior Lion, who told the witness

that "he went on patrol in the Tower Hill area and had captured and executed some

civilians,,?175 and "Captain Blood,,2176 who captured and beheaded seven young men in

Guard Street for "collaborating with the Nigerians".2177 Bobson Sesay also testified that

while the rebel troops were temporarily based for two days at Allen Town awaiting further

orders from Gullit, they would go out into the surrounding areas looking for food, and that

any civilians they found on the way were killed because the rebels "did not want any civilian

in that area for them to go and tell ECOMOG that we were based around that area. So when

we met them we killed them".2178

834. Akiatu Tholley testified that she was at home with her family in Wellington on 5

January 1999 when she heard that rebels had attacked Wellington.i!" She and her family

were hiding inside their house when a group of armed rebels dressed in black T_shirts2180

2170 Alimamy Bobson Sesay. Transcript 22 April 2008. p. 8294.

2171 Alimamy Bobson Sesay, Transcript 22 April 2008. pp. 8296-8297.

2172 Alimamy Bobson Sesay, Transcript 22 April 2008. pp. 8295, 8298.217) Alimamy Bobson Sesay, Transcript 22 April 2008. pp. 8295-8298.

2174 Alimamy Bobson Sesay, Transcript 22 April 2008. pp. 8295-8296.

2175 Alimamy Bobson Sesay. Transcript 22 April 2008. p. 8297.

2176 The Witness explained at p. 8299 that Captain Blood was assigned to commander Bazzy.

2177 Alimamy Bobson Sesay. Transcript 22 April 2008. p. 8299.

2178 Alimamy Bobson Sesay, Transcript 23 April 2008. p. 8373.

2179 Akiatu Tholley, Transcript 23 October 2008, pp. 19172-19173.

mo Tholley stated that the T-shirts had the inscription "2-pac" (or "Tupac") on them. Akiatu Tholley, Transcript23 October 2008, p. 19174.

328Case No.: SCSL-03-0 1-T 18May2012

4°32 2MURDER OR UNLAWFUL KILLINGS

and black jea ns with band anas or mufflers on their heads2181 forced their way into the

witness's house. Three of these men dragged T holley out of the house while kicking and

whipping her with be lts. The rebel s a lso amputated the hand of a three-year- old child they

found hidin g in the witness 's house and threatened to amputate the witness's moth er. 2182 The

witness st ated that when the rebels dragged her outside. she "saw rebels killing and burning

down houses" .21 83 However, she did not spec ify who she saw killed in Well ington.

835. Tholl ey test ified that rebels came for a second time to her hou se at night and wanted

to rape her. but her mother pleaded with them .2184 T he rebels stayed with the ir wives at

T holley 's hou se for two days.2185 An STF rebel named James2186 captured the witn ess and

took her and many ot her civi lian ca ptives (incl ud ing men and women ) from Wellington to

A llen Town . T he witness and other civ ilian male and fema le ca ptives were toreed by the

rebel s to carry ammunition.il '" Although T holley 's co ndition was not fee ling we ll fro m the

beatings she had s uffe red, she forced herse lf to carry the ammunition because she " had seen

people killed for re fusin g to ca rry loads,·.21 88 The witness did not however. spec ify where

she saw peopl e killed in th is way. Tho lley further test ified that as the group moved fro m

Wellington to Allen Town she saw the rebels killing people, burning down hou ses.

. I dI' I . 2189arnputatmg peop e. an ooting peop e s property . .

836. The witness further test ified that when they reached Allen Town, she and a gro up of

the civilians decid ed to drop the boxes of ammunitio n because they were tired of carrying

them. 2I9o Reb e ls (referred to by the witness as "Ja mes' s boys") stripped the witness and her

companions naked and pushed them to the gro und, thre atening to hack them to death for

refu sin g to carry the loads of ammunition.2191 At that moment, fight er j ets ca me and flew

2 1<1 Akia tu T ho lley. Transc ript 23 October 2008 . p. 191 94.

21 ~2 Akiatu T ho lley, Transcript 23 Oc tob er 2008. p. 191 75.

2 1~J Akiatu Tho lley. Transcript 23 Octo be r 2008, p. 191 75: Transcrip t 27 Oc tobe r 2008. pp . 19193-19194 .

2 1~4 Ak iatu T ho lley , Transcript 27 Oc tobe r 2008. pp. 191 93-1 9195.

21<5 The witnes s exp lained in cross-ex amination that in fact the rebe ls vis ited he r hou se three times. on 5. 6 an d 7January 1999 and that on the thi rd time it was her moth er that invited one o f the rebe l commanders wit h his twobodyguards to co me and stay at thei r house. Akiatu Tholley. Transc ript 27 October 2008 . pp . 19240-1 9241 .

2 1&6 Tho lley testi fie d that James to ld her he was a fo rmer me mber of ULIMO and that he was an STF. and hadfoug ht in Libe ria. Akiatu T hol ley, Tran scri pt 27 October 2008. pp . 19236-19237. 19272 .

2 1~7 Akiatu Tholley, Transcript 23 October 2008. pp . 191 76- 191 78.

m~ Akia tu Tholley, Transcri pt 23 Oc tobe r 2008. p. 191 79.

2 1<9 Akiatu Tho lley, Transcrip t 23 Oc tober 2008. p. 191 79.

2 1'10 Akiatu Tho lley. Tr an script 23 Oc tober 2008 . p. 191 80.

2 1'11 Akiatu Th olley, Tran scri pt 23 Oc tobe r 200 8. pp . 191 80-1 91 81.

329Case No. : SCSL- 03-0 1-T 18 May 2012

4°32 3MURDER OR UNLAWFUL KILLINGS

over them, and everybody ran to hide. lIn Tholley hid in the house of a woman named

Fatmata who was one of James's wives. Fatmata gave the witness clothes to wear. 2193 James

found Tholley in Fatrnata's house, and took her to Mammy Dumbuya's church. lI94 In the

church Tholley saw the beating and raping of many "small girls" who were "not even adult"

and the killing of some of them. 2195 Tholley testified that the fighters were killing the girls

who refused to be raped by stabbing them with their bayonets.i!"

837. Tholley further testified that while she was in the church, James raped her and she

became unconscious.i'" Tholley told the Court that she herself was a virgin and "had not

yet begun her menses" at the time of capture.2198 She regained consciousness in a small hut

in "a place after Allen Town" where an old woman was tending to Tholley's wounds with

medicine in order to stop her bleeding.2199 The old woman told Tholley that some people

had brought the witness to her for treatment.r''" Later, the rebel called James came to the hut

and killed the old woman by shooting her in the forehead as Tholley was pleading to him

stop,nol and then forcefully took Tholley with him on the way to Waterloo.n o2

838. In cross-examination the Defence questioned Tholley as to inconsistencies between

her pre-trial statements and her testimony concerning how many times she had been forced

by the fighters to eat human hearts. In particular, in 2003 she had told the Prosecution that

James had forced her to eat the heart of the old woman in the hut after he had killed her.n o3

Tholley insisted on cross-examination that she had not been forced to eat the heart of the old

woman, but she did not explain the discrepancy. The witness was also confronted with her

prior statement where she told the OTP investigators that in her presence, rebels killed her

uncle and aunt and raped her cousin to death in the jungle.2204 The witness made no mention

2192 Akiatu Tholley, Transcript 23 October 2008. p. 19181.

21'13 Akiatu Tholley. Transcript 23 October 2008. pp. 19181-19182.

2194 Akiatu Tholley, Transcript 23 October 2008. p. 19182.

2195 Akiatu Tholley, Transcript 23 October 2008. p. 19182.

2196 Akiatu Tholley, Transcript 23 October 2008. p. 19183.2191 Akiatu Tholley, Transcript 23 October 2008, p. 19184.

2198 Akiatu Tholley, Transcript 23 October 2008. p. 19183: Transcript 27 October 2008. p. 19224.

21"9 Akiatu Tholley. Transcript 23 October 2008. pp. 19184-19185.

2200 Akiatu Tholley, Transcript 23 October 2008. p. 19185.2201 Akiatu Tholley. Transcript 27 October 2008. p. 19230.

2202 Akiatu Tholley, Transcript 27 October 2008. p. 19185.

2203 Akiatu Tholley. Transcript 23 October 2008. pp. 19230-19233.

2204 Akiatu Tholley, Transcript 27 October 2008, pp. 19250-19253.

330Case No.: SCSL-03-01-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

of these a lleged murd ers in her evidence in-chief. While admitt ing that she gave the said

statement to the OT P investigators. the witness testifi ed that the death s of her uncle, aunt

and cousin did not in fact take place " in her presence" and that instea d it was her mother

who had told her about the alleged deathsy o5

Findings

839. The Trial Chamber finds the evidence of Akiatu Tholley relating to the deaths she

witnessed in Wellin gton too general and unreliabl e. Consequently, The Trial Chamber has

not relied on her ev ide nce in relation to the killings that took place in Wellington. The Trial

Chamber however, find s her testimony credible in relation to ( i) the killin g of civilians she

saw on the way from Wellington to Allen Town; (i i) the young g irls she saw killed in a

church for resistin g rape and (iii) the dea th of the old wo ma n shot in the forehead by a rebel

ca lled James. The Trial Chamber finds on the basis of the above ev ide nce that the

Prosecuti on has proved beyond reasonabl e doubt that members of the AF RC/RUF/STF

intentionally killed an unknown number of civilians in the vicinity of Wellington and Allen

Town in Jan uary 1999.

840 . The Trial Chamber further finds the first-han d evid ence of Alima my Bobson Sesay

who took part in the rebel attacks. credible. That eviden ce proves that in the second and third

weeks of Janu ary 1999, on the orders of Gullit, (i) rebels compri sing members of the

AFRC/RUF /STF and Liberian fighters intenti onally killed an unknown number of civilians

suspected of co llaborating with ECOMOG forces, in Kingtom, Allen Town and Tower Hill,

an area referred to by the perpetrators as a "killing zone"; (ii) a rebel co mmander ca lled

Juni or Lion intenti onally exec uted several civi lians in Tower Hill and, ( iii) a rebel ca lled

"Capta in Blood" intentionally beheaded seven yo ung civi lian men suspected of

co llaborat ing with ECO MOG . in Gu ard Street. The Trial Chamber finds on the bas is of the

above eviden ce that the Prosecution has proved beyond reasonable doubt that in the seco nd

and th ird wee ks of Janu ary 1999 . members of the AF RC/RU F/STF and Liber ian fighters

intentiona lly killed an unkn own number of civilians in Kingtom , Allen Town and Tower hill

areas.

22U5 Akiatu Tho lley. Tra nscript 27 Octo ber 2008. p. 19252.

33 1Case No.: SCSL-03 -0 1-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

841. Further the Tri al Chamber is satisfied based on the above ev idence that the c ivilian

killin gs in Kingtom, Allen Town and Tower Hill. we re in repri sal for the humili ating defe at

suffe red by the retreating Junta forces at the hand s of the ECOMOG troops. In this regard ,

the Trial Chamber takes note of the large number of rebels that parti c ipated in this attac k,

the orders issued by rebel commander Gullit declarin g this parti cular area a "killing zone

wherein anybody who came around that area was considered an enemy and that person

should die" because in his view, the civili ans "had gone and called ECOM OG to base

there". The Tri al C hamber also notes that the c ivilian killings were often coupled with

rampant amputations and burning of buildings in these areas as part of a delib erate plan to

ter rorise the c ivilians who m the Ju nta forces perceived to support their ene mies inc luding

the Governmen t, ECOMOG and the Kamajors. The Tri al Chamber finds that the

perpet rators wilfully made the victims the object of such violence and the primary purpose

of the murd ers in Kin gtom , Allen Town and Tower Hill , was to instil terror in the civilian

population .

.GiL Unlawful killin g of civilians in Tu mbo

842. The Tri al Chamber has co ns idered the ev idence of Prosecuti on Witness Ibrahim Wai

in relation to the unlawful killin gs all eged to have taken place during this tim e peri od in

Turnbo. Ibrahim Wai was a fisherman living in Turnbo in December 1998. 2206 He testified

that on 23 December 1998, at 3 :OOa.m. in the morning, AFRC and RUF so ldiers attacked

Tumbo by burning houses and killing people.2207 The attack was led by a ma n dressed in full

combat uniform ca lled Ca ptain Mohamed, also known as "Captain Sl ood",2208 who had

been a friend of the witness .2209 During the attac k Wai hid in the hills, and then returned to

Turnbo the next morn ing.w o As he wa lked toward Krio Town he saw the three dead bodies

of Pa Pratt's children lyin g next to a burnt dow n house." I I On e of the dead children was

named Eku and the othe r two were twin s.2212 He also testifi ed that the rebels killed Bai

220(, Ibrah im Wa i. Transcript 16 Oc tober 200 8. p. 18559.

2207 Ibrah im Wa i. Transcript 16 Oc tobe r 200 8. p. 18560.

no, Ibrah im Wa i, Tra nsc ript 17 October 2008 . pp . 185S6-1 8588. 18609.

220Y Ibrahim Wa i, Transcript 16 Oc tober 2008. p. 18561 : Transcript 17 Oc tober 200 8. p. 18577.

22 10 Ibrahim Wai. Transc ript 16 Octobe r 2008. p. 18563.

22 11 Ibrah im Wai. Transcript 16 Octo ber 2008, p. 18565: Transcript 17 October 2008. p. 18620.

1212 Ibrahim Wai. Tran sc ript 16 October 2008. p. 18567.

332Case No .: SCSL-03-0 \ -1' 18May 2012

MURDER OR UNLAWFUL KILLINGS

Usu' s 10-year-old son, whose head had been "shattered, probably by a bullet',;221J a man

named Joseph who had been shot,2214 and one other man that he did not ide ntify ,221 5 and that

he saw the ir corpses. Wai tes tified that Ca ptain Blood subsequently met him again in Kissy

and amputated Wais hand, telling him to "go to Pa Kabb ah who had brought many hands

for the c ivilians" y l6

Findings

843. The Trial Chamber finds the ev ide nce of Ibrahim Wai credible. Although his

ev idence relat ing to the death s in Tu mbo is ci rcumstantia l in that he only saw the dead

bodies of the six civilians when he came out of hidin g and did not see the kill ers, the fact

that AF RC and RUF rebe ls had attacked Tumbo the previou s night loot ing, shoo ting and

burning a lot of hou ses, poin ts to one reasonable co nc lusio n that these rebels were the ca use

of death of the three childre n of Pa Pratt as well as the death of three other civi lians

including Bai Usu' s son. The Trial Chamber acc ordingly finds that the Prosecution has

proved beyon d reasonabl e doubt that AF RC/RU F fight ers led by Co mma nder Mohammed

(a .k.a. Ca pta in Blood), intent ionally killed six civ ilians including a 10 year-o ld boy, in

T umbo on 23 December 1998.

844. The Trial Chamber is satisfied that the ki llings in T umbo or To mbo were part of the

ca mpaign of reprisa l and terror waged by the retreatin g Junta forces against the civ ilians of

Freetown and the West em Area. In thi s regard , the Trial C hamber notes that the wid espread

burnings, amputations and killings that occ urred in Tumbo as the rebe ls advanced towards

Freetown, the fac t that these atroc ities invo lved innocent civ ilians including children, and

that one chi ld's head was shatte red by a bullet. The Trial Chamber a lso notes the rebel

instructions to amputees to "go to Pa Kabbah who had brough t many hand s for the

civi lians" , as indicative of the repri sals that civ ilians we re subjected to for supposed ly

supporting President Kabb ahs government or ECOMOG. According ly the Tri al C hamber

finds that the perpetrator s wilfully mad e the victims the object of such violence and the

primary purpose of the mu rders in Tumbo was to instil terro r in the civilian population.

22 13 Ibrahim Wai, Tran script 16 October 2008, pp. 18565-1 8566 : Transcript 17 October 2008. p. 18620.

2 2 1 ~ Ibrahim Wai. Tra nscripts 16 Oc tober 2008. pp . 18565-18566: Transcrip t 17 October 2008 . pp. 18578. 18620.

221 5 Ibrahim Wai. Tra nscri pt 16 October 2008, p. 18567.

221" Ibrahim Wai, Tran sc ript 17 October 2008. pp. 18593-18594.

333Case No.: SCSL-03-0 1-T 18May 2012

MURDER OR UNLAWFUL KILLINGS

i.Y.ii.L Unlawful killing of civilians in Waterloo

845. The Trial Chamber has con sidered the oral evidence of Prosecution Witnesses TF 1­

028 and TFI-026, Witness Patrick Sheriff. as well as documentary evidence cont ained 111

Prosecution Exhibits P-308, P-341 A. and P-341 B admitted pursuant to Rule 92bis , in

relation to the unlawful killings alleged to have taken place at Waterloo by rebel s during

their advance towards, and withdrawal from , Freetown between late December 1998 and

early January 1999.

846. Exhibit P-308 is a UN Security Counc il, Special Report of the Secretary-General on

the United Nati on s Observer Mission in Sierra Leone (UNOMS IL) S/1 999/2 0, dated 7

January 1999. It reported that on 22 December 1998, rebel s in the Western area attacked

Waterloo. resulting in heav y cas ualties amon g the civilian population.22 17 and the looting

and burning of property, and the displacement of around 12,000 persons that fled from

Waterloo to Freetown.2218

847. Exhibits 341A and 341B are an audio clip and its acc ompanying tran script,

respectively, of a BBC " Focus on Afri ca" interview that took plac e on 22 December 1998

between Kwabena Men sah, a BBC reporter and Abubakar Sesay, a forest guard for the

Waterloo district. 22 19 In the interview Men sah reported that an ECO MOG commander had

confirmed that the RUF had attacked Waterloo in the early hours of the moming. 2120

Abubakar Sesay explained to Mensah that "collaborators of the AFRC and RUF juntas in an

extension of Waterloo called Lumpa had secretly brought approximately 50 fighters into

their homes two nights previously".2121 At 3 :OOa.m. the rebels began their attack, which

lasted for tw o hour s until ECO MOG, wh o had initially retreated, returned with amm o tanks

and drove them OUt.22 22 Sesay stated that during the two-h our atta ck there was a lot of

2217 Exhib it P-308, "UN Sec urity Co unci l. Spec ial Report o f the Secretary-Ge nera l on the United Na tionsObserver Mission in Sierra Leone . 7 January 1999", p. 214 73.

2218 Exhibit P-308, "UN Security Counci l, Special Report of the Secretary-Genera l on the United NationsObserver Mission in Sierra Leone, 7 January 1999", p. 21477.

221'! Exhib it P-341 A, " BBC Focus o n Afric a Clip, 22 December 1998": Exhibit P-341 B, " BBC Focus o n Afr icaTranscript. 22 December 1998".

212() Exh ibit P-34 1A, " BBC Focus on Africa Clip, 22 December 1998" : Exhibit P-34 IB, "BBC Focus on Afr icaTra nscr ipt. 22 Decemb er 1998", p. 23590.

:121 Exhibit P-341 A. "BBC Focus on Afr ica Clip, 22 December 1998" : Exhibit P-341 B. "BBC Focu s on A fricaTranscript. 22 December 1998", p. 23590.

2m Exhibit P-341 A, "BBC Focus o n Africa Clip, 22 December 1998'": Exhibit P-342B, '"BBC Focus o n Afr icaTransc ript. 22 December 1998", pp, 23590-2359 1.

334Case No.: SCS L-03-0 1-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

shooting and that the rebels burnt some houses and killed some civilians, including Mr

Whenzle, the Secreta ry-Genera l of the YWCA.2223 Ses ay reported that the rebels were

fighting bec ause they wanted their lead er released and stated that "they are j ust bandits,

going arou nd villages, stea ling people ' s goods, and . .. killin g innocent people ... .Their target

is . . .civilian targets - that' s what they do".2224 Sesay did not witness the attack, as he was in

a different section ofWaterl oo.2225

848. Prosecution Witness TF 1-028 testified that she was captured in Karina, Bombali

District by AFRC and RUF fighters around the time of the ECO MOG Intervention in

Freetown.2226 She lived in captivity in Rosos for s ix months and then was mov ed to a

location called Tu fayim or Eddie Town.222 7 The witness test ified that Commanders at Eddie

To wn included Gullit. Five-Fi ve, Woyoh, Col. Eddie, FAT and Leather Boot. a nd that

Commanders Tito, Alabama, and RUF Mohammed all brought troo ps to reinforce the ones

in Eddie Town. The witness stated that RUF Superman also sent troops and ammunition

from Kurubonla to reinforc e the rebel troops at Eddie Town, as they prepared to invade

Freetown.2228 The witness told the Tri al C hamber that the RUF group that came from

Kurubonla were led by Moh ammed Bajehjeh, and comprised about 100 men , some of whom

were Liberians and were called the "Red Lion" group.2229 A week after the arrival of the

reinforcements, the rebel tro ops left Eddie Town and trekked to Freetown, tak ing the witness

and other captured civilians with them. 2230

849. On the way to Freetown they passed through Port Loko Road, Freetown Highway,

Four Mile and stopped at Waterloo, where she saw the rebel fighters burning hou ses and

killing people.r" She saw the corpses of women and children in civilian clothes lying in the

zm Exhibit P-34 IA. "BB C Focus on Africa Clip, 22 December 1998"; Exhibit P-342B. " BBC Focus on Afr icaTranscript, 22 December 1998". p. 23590.

2124 Exhibit P-34 IA "BBC Focus on Africa Clip. 22 December 1998" ; Exhibit P-342B, "BBC Focus on AfricaTranscript, 22 December 1998", pp. 23590-23591.

zm Exhib it P-341 A. "BB C Foc us on Africa C lip. 22 December 1998" ; Exhibit P-342B . oO BBC Focu s on AfricaTranscript. 22 December 1998" . p. 23590.

ZZZG TFI-028. Transcript 7 May 2008. pp. 9 136, 9 151. 9 163. 9 166.

zm TF 1-028. Transcript 7 May 200 8, p. 920 I.

zzz. TF I-On, Transcript 7 May :2008. pp. 9205-92 10.

221<) TFI-028. Transcript 7 May 2008. pp. 92 16-92 18.

22311 TF 1-028. Transcript 7 May :2008. pp. 9220 -922 3.

Z2.1I TFI-028. Transcript 7 May 2008. pp. 9223-9224 .

335Case No.: SCS L-03-0 1-T 18 May 20 12

J.

MURDER OR UNLAWFUL KILLINGS

" 32streets." From Wate rloo, the rebel troo ps moved through Benguema, Tu rnbo, Grafton,

Ca laba Town and then into Freetown.ir' :'

850. Prosecution Witness TF 1-026 was also captured by RUF rebels led by a commander

ca lled CO Rocky2234 on 6 Jan uary 1999, from her home in We llington at the age of 14 years.

She and 50 other civ ilian captives from her v illage travelled for several days with the rebels

from Wellington through Calaba Tow n, Waterloo and the n to Makeni. 2235 T he w itness

testified that when the rebel troops and captured civilians arr ived in Waterloo, the residents

of Waterloo were frig htened of the rebe ls and started running away . The wit ness saw the

rebels shoot ing and ki lling the civilians as the latter tried to tlee .2236 The wit ness to ld the

Trial Chamber that the rebels stayed in Waterloo for abou t one week under the comma nd of

one RUF commande r call ed CO Ramb0223? before mo ving to Makeni .2238

85 1. Patri ck Sher iff testified that in December 1998 he was living in Lumpa2239 in the

Waterl oo Rural District. 2HO He testified that on 17 December 1998 rebels attacked Lumpa

with guns at about 4.00a.m.2241 Sheriff hid in the bush for five days before being captured

and whipped by the rebel s. Dur ing the fi ve days, the rebels burn t hundreds of civilian homes

in Lumpa and Waterloo Tow n, in what app eared to the witn ess to be a coordinated

ca mpaign. The wit ness described the rebel operat ions stating " When they came they

distributed them selves into var ious groups, Lumpa, Waterl oo and a ll ot her villages around.

and they set a tim e. And at any tim e they were doing so mething at a parti cu lar place, the

other groups in the ot her areas were do ing simi lar thin gs in the ot her places. It was like

simultaneo us exe rc ise".224 2 A fter he was captu red by rebels dressed in " black polo sh irts

1232 TF I-028 . Tra nscrip t 7 May 2008 . p. 9224 .

~m TF I-028. Tra nscript 7 May 2008. pp. 922 4-9226.

~m TF I-026 . Transcript 14 February 200 8. p. 3847

m , TFI-026, Transcript 14 Febr uary 2008, pp. 3847-3865.

m " TF 1-026. Transcri pt 14 February 2008. p. 3864 .

2237 TF I-026 . Transcript 14 February 2008. p. 3865.

1238 TF I-02 6. Tran script 14 Febru ary 2008. p. 3865.

2m Patrick Sherin: Transcript 3 October 2008, pp. 17807-17809. The witness explained that Lurnpa andWaterloo share a common boundary at a bridge where the motor park is located. Patrick Sheriff, Tra nscript 3Octo ber 2008, p. 17870; Transcript I October 2008, pp. 17765-17766. See a lso the statement of Abu bakarSesay, who was interviewed by the BBC concernin g the attacks on Waterloo and described Lurnpa as anex tension of Waterloo. Exhibit P-34I A. " BBC Focus on Africa Clip, 22 December 1998"; Exhibit 1'-34 1B,"S BC Focus on Afric a Tra nscrip t. 22 Dece mber 1998". p. 23590.

mo Patrick Sheriff, Tran scrip t I October 2008 . p. 17765.

~ 2-11 Patrick Sheriff. Tran scr ipt I October 2008 . p. 17766.

22'1 Patrick Sheriff. Transcrip t I October 2008. p. 17770.

336Case No.: SCS L-03-0 1-T

.,.y'/

~~/

18 May 20 12

MURDER OR UNLAWFUL KILLINGS

with the inscription "Tupac, All Eyes on Me" and "short trousers", Sheriff witnessed the

rebels shoot and kill three civilian captives who had been told to lie on the gro und. 2243

Sheriff himself narrowl y esca ped death but the rebel commander orde red that he be given

150 whip lashes, which the rebels carried out.

852. Sheriff further testified that on 10 January 1999 he was livin g in Malambay , about

half an hours walk from Lumpa,22 44 when he learnt that rebels had burnt down Lumpa

village and Waterloo Town for the second time. The rebels also announced that they would

kill any civilian found hiding in the bush aro und Lumpa.2245 Sheriff moved back to Lumpa

and was stay ing at the Mannor Connor section of the village o f Lumpa which was under the

control of a rebel commander named Peleto, who was also known as " Friday " becau se he

was known to go on killing sprees o f civili ans every Friday of the week around Lumpa.2246

One early Friday morning in February 1999 2247 Sheri ff saw Peleto shoot and kill a man

named Mr Kai who had been reading his Bible and a Limba man wh o had been eating rice in

a pOt.2248 Both victims were close neighbours of SheriFf.2249 Sheriff saw Peleto coming

toward his hou se and before running into the bush to hide he told an old woman who was

stay ing there to flee. 2250 She could not run and went to hide in her room instead.225I Shortl y

after leaving the house, Sheriff heard a gunshot. and that evening wh en he returned to town

he found the dead body of the woman in the hou se lyin g in a pool of blood. 2252 Sheri ff had

heard of Peleto before these killings, but was able to identify him at the time because after

he killed Kai and before he killed the Limba man the people in the area were very afraid of

this commander and were yelling "Peleto is coming" .2253

Findings

224 J Patrick Sherin; Trans cript 1 October 2008. pp. 17771-17777.

2244 Patrick Sheriff. Transcript 3 October 2008. pp. 17804-17806.

2245 Patrick Sheriff. Transcript 3 October 2008. pp. 17807-17808 .2246 Patrick Sheriff. Transcript 3 October 2008, pp. 17809. 17811.

2H7 Patr ick Sheriff. Trans cript 3 October 2008. p. 17811.

224. Patrick Sheriff Tran script 3 October 2008, pp. 17809. 17812-17813. 17867-17868.

224" Patrick Sherin: Transcript 3 October 2008. p. 178 13.

2250 Patrick Sheriff Transc ript 3 October 2008. pp. 17810. 17813.

2251 Patrick Sherin: Transcript 3 October 2008. pp. 17810. 17813.

2252 Patrick Sherin: Tran script 3 October 2008. pp. 17K 1O. 17813-17814. 17868.

mJ Patrick Sheriff Tran scrip t 3 October 2008. p. 17815.

337Case No.: SCS L-03-01-T 18 May 20 12

MURDER OR UNLAWFUL KILLINGS

853 . The Tri al Chamber find s the evidence of Witnesses TF 1-028 and TF 1-026 credible.

They each spent a long time with the rebel for ces in capti vity during the rebel invasion of

Freetown and moved with them during the withdraw al from Freetown. The ir first hand

evidenc e of c ivilians being indiscriminately killed by rebels in Waterl oo is co rro borated by

the documentary ev ide nce in Exhibits P-308. P-341 A, and P-341 B. Furthermore, the Tri al

Chamber als o fi nds the evidence of Patrick Sheriff, who was a victim of rebel att ack s on his

village of Lumpa in Waterloo, credible. His evide nce relating to the coordinati on of rebel

attacks in Waterloo is corroborated by the desc ripti on provided by Abubakar Sesay in

Exhibits P-341 A and P-341 B. Based on the above oral and documentary evidence, the Trial

Chamber find s that the Prosecution has proved beyond reasonable doubt that between late

December 1998 and February 199 9 rebels, inc ludin g members of the AF RC/RUF /STF and

Liberian fighters, attacked Waterl oo and intenti onall y killed an unkn own number of civilian

men, wo men, children including (i) Mr Whenzle, the Secretary -General of the YWCA; ( ii)

Mr Kai, a Limba man and an old wo man, who were summarily executed by Co mma nder

Peleto in Lumpa Village in Waterloo. The Tria l Chamber find s that none of the victims in

the above incidents were taking an ac tive part in the hostilities .

854. The T rial C hamber is sati sfi ed that the ev idence of such callous indi fference to

hum an life by the rebel s cle arly indicates that the killin gs in Waterl oo were part of the

campaign of rep risal and terror waged by the retreating Junta forces aga inst the civ ilians of

Freetown and the Western Area. In this regard , the Trial Chamber notes the evidence of

Sheriff referring to the fact that the rebels would attac k in the early hours of the morning

while civilians we re sleeping in their home s, and that Co mmander Peleto, who used to go on

regular killin g rampages "every Frid ay", was greatly feared by the civil ians. The Tria l

C hamber a lso notes the vind ictive manner in whic h the rebels carr ied out massive burnings

and afterwards lured back civili ans wh o had tled the area, pret ending to protec t those

c ivilians, only to harm or kill them. The T rial Chamber find s that the perpetrators w ilfully

made the victims the objec t of such vio lence and the prim ary purp ose of the murders in

Waterloo was to instil ter ror in the c iv ilian populati on .

.6iilL Unlawful killing of civilians in Wellington

338Case No.: SCSL-03-01-T 18 May 2012

MURDER OR UNLAWFUL KILLINGS

855. Prosecution Witness TFI-026, referred to above,2254 told the Trial Chamber that nine

armed RUF rebel s attacked her house in Wellington on 6 January 1999.2255 The rebel s

ordered the wh ole famil y to go outs ide on the veranda but the witness 's sister kept cry ing

out of fear. The rebel s shot TF 1-026 ' s sist er to death because they said "she was causing

noise". 2256 TF 1-026 further testified that as she was held in capti vity by RUF rebels in

Wellington, she saw the rebel s amputating a lot of civilians and burning a lot of hou ses.2257

The witness heard the rebel s tell one man whose hands they amputated to "go and tell the

people that the rebels were coming". The amputated civilian fell down and died from his

wounds.2258 TF 1-026 also saw the rebels set a hou se on tire in which Mr Wilson, a crippled

teacher, was burnt to death . 2259 The witness also testified that she saw the rebel s sh oot and

kill'another civilian man on the way to Calaba Town.226o

856 . The Trial Chamber admitted in evidence the tran script of the testim ony of

Prosecuti on Witness TF 1-023 given in another trial. 2261 In her prior testim ony, TF 1-023

testified that she was a captive of the AFRC from 22 January 1999 until August 1999.2262

She testified that at one point during this time, on the way to being tak en to Waterl oo, she

heard, but did not see , that the rebel s killed so me nuns. 2263 However, the Defence confronted

T F1-023 with a previ ous written statement that she gave to Prosecution investigators

wherein she stated that "she had seen the nuns, and then had not seen them again", and that

she "had not seen the rebels co mmit abuses during the walk to Waterloo but many c ivilians

2254 This witness was captured by RUF rebel s led by a commander called CO Rocky on 6 Janua ry 1999. from herhome in Wellington at the age of 14 years. She and 50 other civilian captiv es from her village travell ed forseveral days with the rebels from Wellington through Calaba Town, Waterloo and then to Maken i.

2255 TFI -026. Transcript 14 Febru ary 2008. p. 3843.

225~ TFI-026. Transcript 14 February 2008. p. 3843.2257 TFI-026. Transcript 14 February 2008, p. 3844.

225R TFI-026. Transcript 14 February 2008, p. 3845.

225'l TFI-026. Tran script 14 February 2008, p. 3846.22(,0 TFI-026. Tran script 14 February 2008. p. 3849.

22' . ) TFI-023 testified in the AFRC trial. The transcript of her evidence was admitted as Exhibit 1'-205A and P­2058 (vprior testimony") under Rule 92bis. In the present trial. the witness gave further evidence. See TFI-023Transcript 22 October 2008 , pp. 18928-18967.22" " Exhibit P-205A. "TF1-023, AFRC Tran script 9 March 2005", PI'. 19314-19354 and Exhibit 1'-2058(confidential), PI'. 19356-19375. See also TFI-023, Transcript 22 October 2008, PI'. 18950, 18956.22(,3 TF I-023, Tran script 22 October 2008. p. 18956.

339Ca~e No.: SCS L-03-01- T 18 May 20 12

J.

4°33 3MURDER OR UNLAWFUL KILLINGS

and rebe ls were ki lled by the Alpha Jets". 2264 The w itness confirmed that she had made these

stateme nts and that they were truthful.2265

857. Witness Sarah Koroma was living in Loko Tow n, We llingto n with her husband and

six children on 6 January 1999.2266 The witness and her fami ly ran and hid in the bush for a

wee k, on hear ing that rebels armed with guns and knives had attacked Wellingto n.2267 T he

w itness sta ted that when the rebels arrived, they were dressed in combat uniform s and fo und

no civilians in Wellington as everyb ody had run away. The rebel s then sent a me ssage

telling all the civi lians to retu rn to the ir hom es and that anyo ne found in the bush thereafter

wo uld be conside red an enemy .226S The wit ness and her fa mi ly left the bush to return hom e

but on the way, the rebe ls captured them and hacked he r husband to death.2269

858. The rebe ls abducte d the witness a long with many othe r c ivi lians. While in captivity ,

she saw them hac k to death a six-year-o ld child whose mother had attempted to esc ape . In

add ition. the rebels amputated the wi tness 's left hand and sent her to "go and tell President

Kab bah that they want peace". They also tried to amputate her right hand but it was not

severed.227o O n her way to the hosp ital , the witness ran into a gro up of drunken rebels who

ma de fun of her injuries and acc used her of being "Tejan Kabbah' s mother". 22 71 The wit ness

fell in a gutte r wh ere the rebel s repeatedly kick ed her. pelt ed her with empty beer bott les and

sto le her mon ey. She fina lly made it to Co naught Hosp ital a live.

Findings

859. Give n the major inconsistency in the ev ide nce of TF 1-023 relat ing to any alleged

killin gs that she might have or have not see n co mmitted in Well ington, the Tria l Chamber

cannot rely on that evidence . The T ria l Chamber however , finds the evi de nce of T F 1-026

reli abl e and c redib le. Based on that ev ide nce the Tri al Chambe r finds that the Prosecut ion

has proved beyond reasonabl e doubt that between late December 1998 and February 1999

~~(H TFl -On. Transcript 22 October 2008. pp. 18956-18957.

~u.; TF I-023. Transcript 22 October 2008. p. 18957.

221>, TF I-33 1, Transcript 22 October 2008. pp. 18983-18987.221. ) TF 1-331. Transc ript 22 October 2008. p. 18989.

22M TF l -33 I. Tran script 22 October 2008, p. 18990.

my TF1-331, Tran script 22 October 2008. p. 1899 1.

2270 TF 1-331. Trans cript 22 October 2008. p. 18994.

1271 TF I-33 I. Transcript 22 October 2008. p. 18999.

340Case No.: SCSL-03-0 I-T 18 May 20 12

MURDER OR UNLAWFUL KILLINGS

reb els, including member s of the AF RC/ RUF/STF and Liberian fight ers, attacke d

Wellingto n and intention ally killed an unknown number of civ ilians includ ing (i) the s ister

of TF 1-026 who was shot a nd kill ed s imply because she was cry ing; ( ii) Mr Wil son , a

cri ppled teacher who was burnt to death in his hou se; and (iii) a nother man w ho was shot to

death on the way to Calaba Town. Based on the ev ide nce of Sa rah Korom a, the Tria l

C ha mber a lso finds that the Prosecu tion has proved beyond reason able doubt that aro und

m id-January 1999, AF RC/RUF reb els in Lok o To w n, Well ing ton, intentio na lly kill ed her

husband a nd a s ix-year old girl, both civilians, by hacking them with mach etes. Th e Tria l

Cham ber find s that the vic tims we re not tak ing an act ive part in the hosti lities.

860. T he T ria l Chambe r is sa t is fied that the kill ings in We llington we re part of a

ca mpaig n of reprisa l and terror directed against the civilians of Freetown and the Western

Area by the retreating Junta forces. In this regard, the Tria l Cha mber notes the wid espread

burnings and amputatio ns that accom pan ied the ind iscriminate ki lling of innocent civ ilians

in Wellington and the ca llo us co mme nts by rebel s to amputees to "go a nd tell the peopl e that

the rebels we re co ming", or "tell Kabbah that they wa nt peace" whic h co mme nts co upled

with the a mputatio n were intended to instil fea r in the c iv ilian population perceived by the

rebel s to have voted Kabbah ' s Government into power. T he Tr ial C ha mber finds that the

perpetrator s w ilfully mad e the v ict ims the object of suc h vio lence a nd the primary pu rpose

of the murders in Wellington was to insti l terror in the c iv ilian pop ulati on.

fuL Unl aw ful killing of civilians in Hastings

86 1. Alimamy Bo bson Sesay testi fied that he was part of the rebel troops led by

co mma nde rs Basky. Junior Lion and ot hers that attacked Hasti ngs o n 3 January 1999, on the

orders of G ullit,n72 in orde r to fight the ECOMOG troop s that were based there. Bob son

Sesay told the Court that during the attack, the rebels cap tured three Nigerian soldier s and

shot them to death .2273

Find ings

862. The Trial Chamber finds beyond reasonable doubt that on 3 January 1999 at

Has tings, rebel fo rces co mpr ising of members o f the A FRC/ RUF/STF a nd Libe rian figh ters,

2m Alimamy Bobs on Sesay , Tra nscript 22 Apri l 2008. p. 8267.

2273 Alimarny Bobson Sesay. Transcript 22 Apri l 2008 . p. 8263 .

34 1Case No.: SCSL-03-0 I-T 18 May 20 12

MURDER OR UNLAWFUL KILLINGS

intentiona lly killed thr ee Nige rian ECOM OG soldiers who were hors de combat at the time

of death .

~ Unlawful killing of civilians in Benguem a

863 . Prosecution Wit ness TF 1-143 was 12 yea rs 01d2274 when he and 50 other boys and

girls were captured by RUF rebels in September 1998 in Konkoba. The rebel s turn ed him

into a child so ldier after ca rving the letters "RUF" 011 his chest.227 5 TF 1-143 testifi ed that

when he was with the fight ers in Co lone l Eddie Town 2276 that his direct supe rio r, Kabila,

to ld him that SAJ Musa had ordered them to go to Freetown to overthrow the

Govemment.Y" Kabil a said that SAJ Musa had furt her orde red tha t when they ar rived in

Freetow n they should not kill any civi lian or bum any houses.227s T he witness heard

Co mmande r Kabi la state tha t SAJ Mu sa 's o rder would not work, and that instead the rebel

troops wo uld carry out an ea rlier order fro m O-Five ca lled "Operation Spare No So ul",

which meant that "even hum ans, ants, goats, a ll should be killed".2279

864 . TF 1-143 further testi fied that w hen his group of rebel fig hte rs reac hed Benguema on

the ir way to Free tow n, SAJ Musa was injured when a bomb ex plode d in the wea pons stoc k

room and died.2280 Kabila told TF 1-143 that afte r SAJ Musa had died , "a pr iest prayed on

the corpse and O-Five and Gullit gave an orde r for a sacrifi ce for us to perform so we wo uld

go to Freetown and succeed, the mission wo uld be successful, that we should bury the

corpse together with a fai r complex ion lady and the lady should be buried alon gside SAJ

Musa alive" .2281 According to Kabila, they tied a woman ' s legs up and buried her a live with

SAJ Musa ' s body .2282

2m TF 1-1.t3. Tran script 5 May 2008, p. 8970 .

227; TF I- 143. Transcript 5 May 2008 . pp. 8970-8977 .

2276 TF I-143. Tra nscript 5 May 2008. pp. 8970-8976.

2277 TFI-143. Transcript 5 May 2008 . pp. 901 3-901.t .

227' TF I-143, Transcript 5 May 2008. pp. 9013-9018.

2m TF I- 143, Transcript 5 May 2008 , pp. 90 13-90 18.

zzsu TF I- 143. Transc ript 5 May 2008. pp. 9023-902 4. 9060.

22X1 TF I- I.t3. Tran scri pt 5 May 2008. p. 9025 .

2m TF I- 143. Transcript 5 May 1008. p. 9025.

342Case No. : 5<':5L -03-0 1-T 18 May 10 12

MURDER OR UNLAWFUL KILLINGS

865 . TF 1_0292283 referred to above2284 testified that after she and 50 other civilians were

captured in Wellington by RUF and AFRC fighters led by Major Arif on 22 January 1999,

they all travelled together to Calaba Town and then to Benguema.2285 TFI-029 further

testified that as they travelled from Calaba Town to Benguema, the rebels were attacked by

ECOMOG and Kamajors in a battle that involved a lot o f civili an deaths.2286 The rebels

killed babies that were travelling with them bec ause "they did not want them to make

noise" .2287 TFI-029 testified that when the group reached Benguema, a rebel called Colonel

"Coal Boot" killed a civilian woman prior to them leavin g Benguema on 10 March 1999 .2288

866 . Paul Conteh,2289 who was captured on 23 January 1999 by AFRC so ld iers, including

Co lonel Bastard, testified that one night while he was a captive under the control of a rebel

called Lt. Gunboot at Benguema, Conteh heard a 16 year-old girl crying next door. Conteh

knew this girl as she used to pass by his residence to fetch water. Conteh sa id that alth ough

he could not see what happened, the apartment that he was staying in was close enough to

Gunboot's apartment that he could hear the young woman crying and ask ing him "to leave

her alone ".1290 One of Gunboot's " boys" confirmed to Conteh that Gunboot had killed the

yo ung woman with an axe .2291 Conteh did not see the young woman again after this

incident.2191

Findings

867. The Trial Chamber finds the evidence of Witnesses TFI-143, TFI-029 and Paul

Co nteh credible. Based on that evidence, the Trial Chamber finds that the Prosecution has

~~K ) Witness TF 1-029 testifi ed in the RUF trial. The transcript of her evidence was admitted as Exhibit 1'-206(vprior testimony") under Rule 92bis. In the present trial. the witness was cross-examined. See Witness TF 1-029,Transcript 22 October 2008. pp. 18969-1898 3.~2K4 In her prior testimony, Witness TFI-029 testifi ed that after she and 50 other civilians were captured inWellington by RUF and AFRC fighters including the SLA soldier Major Arif on 22 January 1999, they alltravelled en masse together to Calaba Town. where they stayed for two weeks.~ 2K ; Exhibit P-206, "TFJ-()2 9. RUF Transcript 28 November 2005". pp. 19415-19418.

22K(, Exhibit P-206, "TF1-029. RUF Transcript 28 November 2005". pp. 19422-1 9423

~2K 7 Exhibit 1'-206. TF1-029, RUF Transcript 28 November 2005", p. 19423.

~ ~KK Exhibit P-206. TF 1-029. RUF Transcript 28 November 2005", pp. 19424-19425, 19436.

m9 Paul Conteh gave evidence concerning murders in Benguerna in the AFRC trial, which was admitted as priortestimony under Rule 92bis. Paul Conteh, Transcript 27 October 2008. p. 19314. He was cross-examined by theDefence concernin g this testimony in this trial.22'X) Exhibit 1'-215, "TF1-227, AFRC Transc ript II April 2005". p. 20838.

22" 1 Exhibit 1'-215. "TF I-227. AFRC Transcript II April 2005" , p. 20838.

22"2 Exhibit 1'-215, "TFI-227. AFRC Transcript II April 2005", pp. 20839-20840.

343Case No.: SCSL-03-0 1-T 18 May 2012

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proved beyond reasonable doubt that between December 1998 and February 1999 at

Benguema, rebels including members of the AF RC/RUF intentionall y killed an unkn own

number of civi lians, including (i) a woman who was buried alive with the body of SAJ Musa

as a sacrifice, (i i) a young woman killed by a rebel ca lled "Coal Boot" or "Gun Boot", and

(i ii) bab ies travelling with the fighters were also killed because they we re " making noise".

The Tria l Chamber finds that none of the victims in the above incidences was taking an

active part in the hostilities at the time of death .

868 . The Tri a l Chamber is satisfied that the kill ings at Benguema were part of a wide r

campa ign of terror waged aga inst the c itizens of Freetow n and the Western A rea by

AFRC/RUF forces. The Tri al Chamber notes in this regard, the fact that civilians, includ ing

the said witnesses were captured and kept by the rebels against their will and often tortured,

including TF 1-143 who was at a yo ung age brand ed with the letters " RUF" on his chest and

se nt out to fig ht, as well as the fema le vic tims of rape. The Trial Chambe r find s that the

perpetrators wi lfully made the victims the object of such violence and the primary purpose

of the murd ers in Benguerna was to instil terror in the civilian popul ation .

Co nclusion

869 . In co nclus ion, the Trial Chamber finds that the Prosecut ion has proved beyond

reasonable dou bt that between abo ut 2 1 December 1998 and 28 February 1999, in various

locations in Freetown and the Western Area including State House, Kissy, Fourah Bay,

Upgun, Ca laba Town, Allen Tow n, Tow er Hill. Hastings, Wellington, Turn bo, Waterloo and

Bengu ema, members of the AFRC, RUF, ST F and Liberian fighters murd ered an unkn own

number of c ivilians, as charged in the Indictm ent 2293 and show n in the evidence above.

870. The Tria l Chamber recalls that the Prosecut ion has establ ished beyond reasonable

doubt that at all times relevant to the Indictm ent , the RUF and/o r AF RC forces directed a

widespread or sys tematic attack against the civ ilian popul ation of Sierra Leo ne.2294 The Tria l

Chamber is satisfied that each o f the killin gs proved by the Prosecut ion in respect of Freetown

and the Western Area formed part of the sa id attack and that the perpetr ators we re aware of

this fact. The Tria l Chamber also recalls that the Prosecution has proved beyond reasonab le

2m Indictment para . 13

~ ~ · I. See Law and Find ings on the General Requirem ents: Article 2: Cri mes Against Humanity, para. 559 supra.

344Case No.: SCSL -03-0 1-T 18 May 2012

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doubt that there was an armed conflic t in Sierra Leone at a ll times relevant to the Indictmen t.

involving among others, members of the RUF, AF RC and CDF.2295 The Tria l Chamber is

sat isfied that for all of the aforementioned killings in Free town and the Western Area ther e

was a nexu s between the killings and the armed conflict, that eac h of the victims was not

taking an active part in the hosti lities at the time of death, and that the perpetrators knew this

fact . Therefore, the Tria l Cha mber is sat isfied that the afo rementioned ki llings in Free tow n

and the Wes tern Area co nstitute murd er as both a crime again st hum anit y under Art icle 2 of

the Statute and a war crime under Artic le 3 of the Statute.

~195 See Law and Find ings on (he General Requirements: Article 3: War Crimes. para. 573 supra.

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