A/HRC/16/78
new agreement on the setting up of a Residual Special Court to facilitate the transition from
the Special Court to the residual mechanism upon closure. The Residual Special Court will
be mandated to try the only remaining indictee at large, Johnny Paul Koroma, if the case is
not transferred to national jurisdiction, preserve and manage the archives, provide
protection and support to witnesses and victims, respond to requests for access to evidence
by national prosecution authorities, supervise enforcement of sentences, review convictions
and acquittals; conduct contempt-of-court proceedings, provide defence counsels and legal
aid for the conduct of proceedings before the Residual Special Court, respond to requests
from national authorities with respect to claims for compensation, and prevent double
jeopardy.
51.
The United Nations Peace-building Fund has secured seed money in the amount of
195,000 dollars to assist the Government in establishing a Peace Museum within the
complex of the Special Court. The project has three components: archiving of transitional
justice-related documents, building of a monument dedicated to war victims, and building a
museum that reflects on sufferings during the war, and the process underway towards
achieving lasting peace in the country.
52.
In retrospect, a better balance between retributive justice and efforts to strengthen
existing structures in areas such as the administration of justice and reparations may have
contributed to more effective results in developing the country’s capacity to promote and
protect human rights. Therefore, it may be timely to open discussion on how to ensure the
best impact of transitional justice mechanisms on human rights and institutional capacity
building. Conclusions from this debate may then be applied to other post-conflict situations.
53.
In May 2010, the Government proposed to set up an inquest into the execution of 29
individuals which took place in December 1992 under the regime of the National
Provisional Ruling Council (NPRC). While the Government maintains that the inquest is
not politically motivated, but rather aims to fight impunity, prominent members of Sierra
Leone People’s Party stated that it was designed to target its leading members, including
some potential presidential candidates for the 2012 elections. They argue that it would be
contrary to the Lomé Peace Agreement of 1999 which grants amnesty and pardon for
offences committed during the civil war. Furthermore, HRCSL stated that the investigation
is unnecessary because the Truth and Reconciliation Commission has extensively reviewed
the circumstances of those executions. At the time of writing this report, there had been no
further move on the part of the Government on the issue.
IV.
Human rights activities of the Human Rights Section
54.
Monitoring, capacity building, technical assistance, financial support, training and
sensitization activities have been conducted with partners and stakeholders. The Section
also provided logistical support such as hiring of office space, communications, including
means of transport, and furniture to district human rights committees. Advocacy and
sensitization activities were conducted, including radio programmes, activities with pupils
in schools, workshops, support to partners in celebrating human rights days, and direct
engagement with a number of institutions.
A.
Human rights monitoring
55.
The Human Rights Section of UNIPSIL continued monitoring incidents of human
rights violation and conducted periodic monitoring of Court proceedings, as well as
inspections of prisons and police cells. The issues identified in the monitoring exercises
were discussed with Government authorities at the local, regional and central levels with
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