alleged meeting at the home of Anthony Mekunagbe while Isaac

Transcription

alleged meeting at the home of Anthony Mekunagbe while Isaac Mongor placed the meeting
at the home of General Dopoe Menkarzon (a.k.a. General Pepe) , although other witnesses
have referred to Anthony Mekunagbe as "General Dry Pepe".51 28 The details are so different
as to suggest that the witnesses may have been testifying about two different meetings but
the evidence does not establish that there were two meetings.5129 In any event, the Trial
Chamber notes that there were many incon sistencies in the testimony of these witnesses.
2368. Additionally, TF 1-371 testified that the meeting in Voinjama took place after he
came back from the reconnaissance mission in Sierra Leone. TF 1-168, who was in TF 1371 ' s group durin g this mission testified that, just after the group split, he heard gunfire and
understood that the RUF attacked Sierra Leone. 5l3o The Trial Chamber recalls its finding
that TFI -168 is also generally credible.5131 However, Witness TF1-1 68' s testimony is
inconsistent with TFI -371 ' s account that he came back from the reconnai ssance mission
before the start of the invasion. The Trial Chamber notes that TFl-371 's sequen ce of the
events is corroborated by Issa Sesay. Indeed, Sesay testified that TF 1-371 returned from the
mission two days before the RUF invaded Sierra Leone. 5132 However, Sesa y testified that
TFI-371 returned to Camp Naama and not directly to Voinjama as alleged by TFI-371.
Furthermore, Issa Sesay, who was close to TF 1-371 and to Mohamed Tarawalli , testi fied
that he had never heard about this alleged meeting.51 33 The Trial Chamber recalls its finding
that the testimony of Issa Sesay must be treated with caution. 5134 Nevertheless, in the Trial
Howeve r, in the additional information on the proofmg notes dated 3 and 8 February 2008, Mongor explained
that Taylor did not talk specifically to him during that meeting but addressed all the commanders who were
present. Confronted with this discrepancy, Mongor explained that Taylor spoke to him personally durin g a first
meeting and addressed his greetings to all the commanders during a second one (Isaac Mongor, Transcri pt 4
April 2008, pp. 6668-6674). In both accounts, Mongor did not mention any discussion regarding the invasion of
Sierra Leone.
5 128 See for example Foday Lansana, Transcript 25 February 2008, p. 4656; Dauda Arona Forn ie, Tr anscri pt 1
December 2008, p. 21330, Transcript 2 December 2008 p. 214 13; Charles Ghankay Taylor, Transcript 16
Septe mber 2009, p. 29125 ; Isatu Kallon, Transcript 16 June 2010, p. 42670.
5129 The Tri al Chamber notes that the Prosecution brief does not sugges t that there were two meetings
(Prosecution Final Trial Brief, paras 77, 80). The Prosecution, quoting Mongor, submits that ' the mornin g after a
meeting with Taylor in Voinjam a in which Taylor made the final decision as to how the attack would unfold
Isaac Mongo r and his men were sent to Foya where they were armed' . There is no mention of a second meeting
and the characterization in the brief of Taylor's role in this meeting is not derived from Mongor's testimony but
apparently from TF l-37 1's testimony. The Prosecution seems therefore to consider that Mongor and TFl -371
were testifying as to the same meeting.
5130 TFl- 168, Transcri pt 21 January 2009, pp. 23 161-23166 (CS).
5131 Credibility Assess ment, TF l - 168, Pre-Indictment period (1988-1996), para. 2328.
5132 Issa Sesay, Transcript 5 July 20 10, pp. 43611, 43624.
513 3 Issa Sesay, Transcript 29 July 20 10, pp. 44956-44 969 (PS).
5134 Credibility Assessment, lssa Sesay, paras 359-372.
Case No.: SCSL-03-0 I-T
18 May 20 12
Chamber's VIew these discrepancies within the Prosecution evidence cast doubt on the
reliability of the evidence regarding the alleged meeting.
2369. The Accused denied having been in Voinjam a in March 1991 and having planned the
attack on Sierra Leone. DCT-125 denied that Dr Manneh was in Voinjama and planned this
attack . This evidence is corrob orated by the testimony of other witnesses. DCT-292 testified
that the planning of the invasion of Sierra Leone by Sankoh and his commanders including
Rashid Mansaray, Isaac Mongor, Sylvester, Mohamed Tarawalli took place in Camp Naama
and not in Voinjama as alleged by TFI-371. 5135
2370 . Yanks Smythe, who was with the Accused in March 1991, testified that Taylor was
not in Voinjama. He also testified that in March 1991, Dr Manneh was in Buchanan . Smythe
testified that the first time he accompanied Taylor to Voinjama in Lofa County was in
October 1991, after the RUF attacked Sierra Leone.5136 The Trial Chamber notes, however,
that in a prior statement dated 26 February 2010, Smythe admitted having been in Voinjama
in March 1991. Confronted with this contrad iction , Smythe explained that he changed his
version because he thought about it and realized he had made a mistake .5137 The Trial
Chamb er is not convinced by this explanation and does not therefore accept Smythe's
evidence in this regard .
2371. DCT-025, who allegedly lodged TFI-371 the night before he attended the meeting,
directly contradicted TFI-371 's testimony.5138 DCT-025 denied he had a house in Voinjama
and that he had hosted TFI -371. In the Trial Chamb er's view this casts further doubts
regarding TFI-371 ' s account of events. 5139
2372. Finally, the Trial Chamber notes that TF 1-367 testified that when he arrived at Crab
Hole training camp, in 1990, months before the invasion of Sierra Leone, Sankoh told him
that he would enter Sierra Leone from two fronts "one in the Kailahun District and, two, in
Pujehun District".514o Thus, according to TFI-367, whom the Trial Chamber has found to be
OCT-292, Transcript I June 20 10, pp. 41718-4172l.
5/36 Yanks Smythe, Transcript 25 February 20 10, pp. 36100-36119.
5137 Yanks Smythe, Transcript 2 March 20 10, pp. 36506-36510 .
5138 OCT-025, Transcript 17 March 2010 , pp. 37388-37390 (PS), 37443-37445.
5139 The Trial Chamber further notes that Witness TF I-3 7 1 described OCT-025 as a NPF L fighter while OCT025 testified that he was a RUF recruit. TFI -371 's ignorance about OCT-025 belonging to the RUF raises
further doubt with respect to his account of the night he spent at OCT-025's hou se,
5 140 TFI -367, Transcript 20 August 2008, pp. 14098-14099.
5135
Case No.: SCSL-03-0 1-T
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18 May 20 12
generally credible.T" Sankoh had already designed the plan for invading Sierra Leone on
two fronts, long before the alle ged meeting in Voinjama.
2373.
In light of the inconsistencies noted above, even among Prosecution witnesses, the
Trial Chamber is unable to accept TF1-371 's testimony without doubt. There is no evidence
other than the testimon y of TF1-371 that the Accused participated in a meeting in March
1991 in Voinjama with Foday Sankoh and Dr Manneh that planned and organised the
invasion of Sierra- Leone.
(b) Invasion of Sierra Leone on 23 March 1991
2374. The Prosecution alleges that NPFL commanders and fighters sent by the Accused
and obeying his orders, were in command of all the operations during the invasion into
Sierra Leon e in March 1991 until they were withdrawn in about June 1992.5142
2375. While the Defence concedes that the invasion force included NPFL troops and that
the majority of RUF recruits were Libelians,5143 the Accused testified that he did not know
that NPFL soldiers participated in the invasion of Sierra Leone. He stated that he was
shocked , as anyone, to hear that there was an attack on Sierra Leone. 5144 The Accus ed added
that he discovered Mekunagbe and Varney's involvement during investigations on Varney
and Mekunagbe from his first con versation with Sankoh in Jun e 1991. 5145 Follo wing further
investigations, Varney, Mekunagbe and One Man One were arrested for a plot against him
around Jun e 1992. Mekunagbe died in detention whil e Oliver Varney was convicted and
executed. 5146
23 76. In the Tri al Chamber's view, whil e this evidence suggests that NPFL Comm anders
Anthony Mekunagbe and Oliver Varney carried on certain act ivities without the Accused ' s
Credibility Assess ment, TF 1-367, Pre-Ind ictment period (1988-1996), para . 2446.
Prosecution Final Trial Brief paras 29-30, 78-84, 206.
5 143 Defence Final T rial Brief, paras 415-423, 774-778, 806-816,1351-1353.
5 144 Charles Ghankay Tay lor, Transcript 20 July 2009, pp. 24747-24750 , 24764-24769 .
5145 Charles Ghankay Ta ylor, Transcript 15 September 2009, pp. 28936-2 8938; Transcript 25 November 2009,
pp. 32369-32370.
5 146 Charles Ghankay Ta ylor, Transcript 15 September 2009, pp. 28936-28938,28966; Transcript 16 September
2009 , pp. 29 129-29 131; Transcript 4 November 2009 , pp. 31103-31105 ; Transcript 2 Decemb er 2009 , pp.
32961-32968; Transcri pt 3 December 2009, pp. 33005-33007; Edward Mineh, Transcript 29 April 2010, pp.
40348-40353 ,40361-403 63; Tran script 3 May 20 10, pp. 4041 7-40419 ; Transcript 4 May 20 10, pp. 4051340516; See also Moses Blah, Tran script 19 May 2008, p. 10178.
5 14 1
5142
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18 May 20 12
kno wledge and consent, it does not cast a doubt on the overwh elmin g evidence of the
Accused's knowledge of and involvem ent in the invasion of Sierra Leone.
2377. At the outset, the Trial Chamber recalls that it has found that , prior to the invasion of
Sierra Leone, Taylor made a publi c statement on the rad io that "S ierra Leone would taste the
bitterness ofwar" .5147
2378 . The evidence unequi vocally establishes that NPFL soldiers con stituted the large
majority of the invasion force on Sierra Leone .5148 Th e evid ence also shows that the RUF
troop s who invaded Sierra Leone were composed of Liberians and Sierra Leoneans trained
See sup ra para. 2335 .
Stephen Ellis, Tr anscript 17 January 2008, p. 1493; Transcript 18 January 2008, p. 1553 (according to the
report of the Sierra Leoneans TRC, the war in Sierra Leone was largely as a result of the NPF L forces. Also,
according to the TRC report, in the first three years of the conflict activities were described to the outside world
as RUF activities when in fact to a substantial extent they were the activities of Liberian fighters of the NPFL
operating inside Sierra Leone in alliance with a small number of RUF figh ters); TF I-37 1, Transcript 25 Janua ry
2008 , pp. 22 19-222 1 (CS) (thousand s of NPFL fighters were invo lved in the attacks in Sierra Leone on 23
March 1991), p. 2224 (CS) (NPFL soldiers Joe Tuah, Duopo Menkerzon and Joseph Brown participated in the
Kailahun attack in March 1991), p. 2225 (CS) (Na thaniel was a NPFL fighter who also participated in the
invasio n of Sierra Leone in Pujehun district), p. 2227 (CS) (TF I-37 1 fought in Puj ehun district under the direct
command of One Man One, the deputy commander to Oliver Varney); Isaac Mongor, Transcript 10 March 2008,
p. 5676 (The witness participated to the invasion of Sierra Leone. He testified that NPFL genera ls and NPFL
fighter s participated in the invasion of Sierra Leone); TF 1-367, Transcript 20 August 2008, pp . 14099-14100
(The witness sta ted that he was at the base when the NPFL first launched the attack on Koindu, Sierra Leone.);
TF I-168, Transcript , 2 1 January 2009 , p. 23 180 (CS) (The witness stated that it was a group largely of NPFL
fighters who attacked Puj ehun districts.); Transcrip t 2 1 January 2009, pp. 23 170 (CS) (TF I- 168 was in RUF
junior commandos who entered into Sierra Leone on the Puj ehun side; they reported to a NPFL Comma nder
named One Man One who was under the Command of Oliver Varney, Command er of the NPFL 6th Battalion) ;
Joseph Marzah , Tran script 12 March 2008, pp. 5865-5867 (The witness testified that he led NPFL forces to
attack Sierra Leone.); DCT-292 , Tra nscript I June 2010, pp. 4 1732, 4 1735 (The witness testified that there were
Liberian nationals at the Koindu attack and himself was part of NPFL.) ; TFI -338, T ranscript I September 2008,
p. 15109 (During the invasion of Sierra Leone the overall commander was Dopoe Menkarzon. He had had
various NPFL commanders including Sam Tu ah, James Caway and Christopher Varmoh and Mon Ami from
Gambia.); TFI-567, Transcript 2 July 2008, p. 12826; (The witness testified the name s of commanders and
soldiers in the NPFL group inter alia Dopoe Menkarzon, Francis Mewon, Jah Glory and One Man One); TF I567, Tr anscript 2 July 2008 , pp. 12829-12830 (General Samuel Tuah controlled the movement at that time and
he was an NPFL. NPFL comma nders were in command of the front at this time. The re were many NPFL soldiers .
in Sierra Leone at that time. There were many Sierra Leonean RUF in the attack); Mustaph a Man saray,
Transc ript 4 March 2008, p. 5258 (General One Man One was an NP FL fighter, but when the RUF entered into
Sierra Leone in 1991 he was the overa ll comma nder for the RUF movement in the Pujehun District); Moses
Blah, Transcript 14 May 2008, p. 9859 ("A t the initial stage there was a small group of Liberian soldiers moving.
They were a little bit more than the RUF"); Alice Pyne, Transcript 17 June 2008, pp. 12048-12055 (Alice Pyne
testified that she was abducted together with 100 able bodied civilians (boys, girls, women and men) by NPFL
Liberian fighters. The NPFL fighters dressed in civilian clothes who searched for arms and ammunition from
civilian houses, looted civilian money and forced the abducted civilians to train in a training camp were
comma nded by a NPFL soldier named CO Dugba and his deputy Pele Boy); Foday Lansana, Transcript 20
February 2008, pp. 4341-4 343 (The re were two groups who invaded Sierra Leone. One was headed by
Mohamed Tarawalli of the RUF, Revolutionary United Front of Sierra Leone, and the other group, the National
Patriotic Front of Liberia, was headed by Sam Tuah. They were fighting side by side); Charles Ghankay Tay lor,
Tra nscript 15 September 2009, p. 2893 6-28938 (During the investigation on NPFL Comma nders Oliver Varney
and Anthony Mekunagbe, at the end of 1991, Tay lor discovered that they participated in the invasio n of Sierra
5 147
5148
797 /
18 May20 12
in Camp Naama, Liberia , before the invasion .5149 The Tri al Chamber recall s its findings that
the Acc used provided the RUF with the training camp of Crab Hole , instructors, recruits and
material supp ort, including food and other supplies.5150
2379. Th e NPFLIRUF troops invading Sierra Leone were led by NPF L Commanders
including Sam Tuah,51 51 Anthony Mekunagbe,51 52 Oliv er Vamey, 51 53 One Man One,51 54 and
Leone).
TF I-37 1, Transcript 25 January 2008, pp. 22 19-222 1, 2235 (CS) (The RUF fighters were novice and new
recruit s from the Camp Naam a trainin g base involv ed in the attack on n rd March 1991 in Sierra Leone) ; DCT292, Tra nscript, I June 20 10, pp . 41732 , 4 1735; (DCT-292 was part of the attack on Koidu town with other RUF
fighters who were trained at Camp Naama ); Isaac Mongor, Tra nscript 10 March 2008, pp. 5674-5676 (Mongor
was part of RUF newly trained recruit s fighters who participated the Sierra Leone attack); TF I-567, Transc ript, 2
Jul y 2008 , p. 12826 (Junio r RUF recru its like Philip Palmer, Sam Bockarie trained in Camp Naama part icipated
in the attack of Sierra Leone); DCT- 146, Transcript I April 2010, pp. 38602-3 8604 (The RUF members who
invaded Sierra Leone were Sierra Leoneans and Liberians who had fought under Tay lor's command in Liberia
and were trained in RUF training camp at Camp Naama).
5 150 Pre-Ind ictment Period ( 1988- 1996): Camp Naama.
5151 TF I-3 7 1, Trabscript 25 January 2008 p. 2220 (CS) (The Strike Force Unit, compose d of 90 men, was
involved in the invasion of Sierra Leone and Sam Tuah was their leader), p. 2222 (CS) (Sam Tuah was in
comma nd of the attac k on Bomaru); TF I-567, Transcript 2 July 2008, pp. 12829-12830 (Ge neral Samue l Tuah
controlled the movement at that time and he was an NPF L.); Foday Lansana, Transcript 20 February 2008, pp.
4341-4343 (There were two groups who invaded Sierra Leone. One was headed by Mohamed Tarawalli of the
RUF, Revolu tionary United Front of Sierra Leone, and the other group, the National Patriotic Front of Liberia ,
was headed by Sam Tuah. Th ey were fighting side by side); TF I-338 , Transcript I September 2008 , p. 15 109
(During the invasion of Sierra Leone the he overall comma nder was Dopoe Menkarzon. He had had various
NPF L comma nders including Sam Tuah, James Caway and Chris topher Varmo h).; Charles Ghankay Tay lor, 16
September 2009, p. 2906 1 (Charles Timba was one of the NPF L commanders that worked along with Sam Tuah
in Sierra Leone). See also Exhibit P-054 , "N PFL com mand structure circa 1990-1991 as indicated by TFI-371"
(describing that Sam Tuah as Comma nder of the Strike Force Unit und er the direct command of Micha el Peager
and even tually Charles Taylor); Exhibit P-05 5, "NP FL comm and structure after the invasi on of Sierra Leone on
March 1991, as indicated by TFI-3 71" (indicating that Sam Tuah was commander of the strike force under the
direc t command of Sam Larto and eventually Char les Tay lor); TFl-567. Transcript 2 Jul y 2008 , pp. 1282612827 (TF 1-567 testified that while he was training at the Pendembu training base from May 1991 to 1992, he
saw Foday Sanko h and the Libe rian Specia l Forces Fra ncis Mewon and Dopoe Menkarzon who came to replace
NPFL co mmander Samu el Tuah).
5 152 Charles Ghankay Taylor, Transcript 15 September 2009 , pp. 28936-28938 (during the investigation on
NPFL Comman ders Oliver Varney and Anthony Mekun agbe, at the end of 1991, Taylor discovered that they
participated in the invasion of Sierra Leone); See also TF I-371, Transcript 25 Janu ary 2008 , p. 2220 (CS) (The
2nd and 6th Battalions participated in the invasion of Sierra Leone ); Exhibit P-054, "NPF L command structure
in 1990-1991 as indicated by TF I-37 1" (describing Anthony Menkun agbe as 2nd Battalion Commander (based
in Voinj ama) under the direct command of Sam Larto and eventually Charles Taylor); TF1-338, Transcript I
September 2008, pp. 15106-15 107 (In 1992, Anthony Mekunagbe, Charles Ti mber, Oliver Varney , Dopoe ,
Menkarzon, Francis Mewo n used to visit Foday Sank oh in Kailahun ).
5153 TF I-37 1, Transc ript 25 January 2008 . p. 2222 (CS) (Oliver Varney was in charge of the operation on
Puj ehun District: he was reporting to Sam Larto and then the report filter on to Charles Taylor who was by that
time residing in Gbange); TFI-168, Transcript 21 January 2009, p. 23 170 (CS) (TF I-168 was in RUF j unior
comma ndos who entered into Sierra Leone on the Puj ehun side; They reported to a NPFL Comma nder named
One Man One who was under the Command of Olive r Varney , Commander of the NPF L 6th Battalion); Charles
Ghankay Taylor, Transcript 15 September 2009 , pp. 28936 -28938 (during the inves tigation on NPFL
Comma nders Oliver Varney and Anthony Mekunagbe, at the end of 199 1, Taylor discovered that they
participated in the invasion of Sierra Leone) . See also TF I-37 1, Transcript 25 January 2008 p. 2220 (CS) (The
2nd and 6th Battalions participated in the invasion of Sierra Leone ); OCT-228, Tra nscript 19 May 20 I0, p.
4 1184 (Oliver Varney was the comma nder of the 6th Battalion, NPFL); Exhibit P-054, "NPF L command
5149
Case No.: SCSL -03-0 1-T
18 May 20 12
Charles Timber. 5 155 The chart drawn by TFl-371, admitted as Exhibit P-055, indicates an
integrated command structure, although the Trial Chamber notes that in this chart, while
RUF commanders are shown to be reporting to NPFL commanders for the purpose of
military command, Foday Sankoh, the leader of the RUF, has no reporting line to the
Accused.5156 Given this level of involvement and this command structure, in the Trial
Chamber's view, it is impossible that such an important event, an attack involving two
major battalions of the Accused's army, against a neighbouring country, could have
happened without the knowledge and consent of the Accused.
2380. In making this finding , the Trial Chamber recalls the testimony of the Accused that
he was informed immediately of this invasion by his Information Officer in Harbel and by
struc ture in 1990-1991 as indicated by TF 1-371" (describing Oliver Varney as commander of the NPFL 6th
Battali on based in Bomi Hills under the direct command of Sam Larto and eventually Charles Taylor); Exhibit
P-055 , "NPFL conun and struc ture after the invasion of Sierra Leone on March 1991, as indicated by TF 1-371"
(indicating that Oliver Varney was commander of the NPFL 6th Battalion under the dire ct command of Sam
Larto and eventuall y Charles Taylor); TF 1-338, Tran script I September 2008 , pp. 151 06-15107 (In 1992,
Anthony Mekunagbe , Charles Timber, Oliver Varne y, Dopoe, Menkarzon, Francis Mewon used to visit Foday
Sankoh in Kailahun).
5154 TFI-371, Transcript 25 January 2008, p. 2222 (CS) (Oliver Varney, together with his Deputy Charles
Timber, were in charge of the operation on Pujehun District; One Man One was their ground commander on the
field durin g the attack); TF I- 168, Transc ript 21 January 2009, p. 23 170 (CS) (TF I- 168 was an RUF junior
commandos who entered into Sierra Leone on the Pujehun side; They reported to a NPFL Commander named
One Man One who was under the Command of Oliver Varne y, Commander of the NPFL 6th Battal ion); See also
TF 1-371, Tran script 25 Janu ary 2008, p. 2220 (CS) (The 2nd and 6th Battali ons participated in the invasion of
Sierra Leone ); Exhibit P-054 , "NPFL command structure in 1990-1991 as indicated by TFI-371" (describing
One Man One as Deputy Commander of Oliver Varney in the 6th Battalion based in Bomi Hills) . In Exhibit P054 Witness TF 1-371 described Charles Timb er, Rashid Mansaray, Mike Lamin, Nataniel, Sam Bockarie, Philip
Palmer and Lion as members of the 6th Battali on under the direct conuna nd o f One Man One ; Exhibit P-055,
"NPFL comm and structure after the invas ion of Sierra Leone on March 1991 as indicated by TFI-371"
(describing One Man One as Deput y Comma nder of Oliver Varney within the NPFL 6th Battalion based in
Bom i Hills). In Exhibit P-055 TFI-3 71 also described Mike Lamin as RUF 1st Battali on Conunander under the
direct conun and of Rashid Mansary, Deputy Leader of One Man One ; TF 1-567, Transcript 2 July 2008, p. 12851
(In 1992, One Man One introduced himself as the commander of Tubmanburg); Mustapha Mansaray, Tran script
4 March 2008, p. 5258 (General One Man One was an NPFL fighter, but when the RUF entered into Sierra
Leone in 1991 he was the overall conunander for the RUF movement in the Pujehun District); Dauda Aru na
Fornie , Transcript I December 2008, p. 2 1307 (One Man One was the battali on comm ander for the 6th Battalion
of the NPFL in 1992); Augustine Mallah, Tran script 12 November 2008, p. 20074 (T he commander in Pujehun
was One Man One also known as Scorpion).
5155 TF 1-371, Transcript 25 Janu ary 2008 , p. 2222 (CS) (Oliver Varney , together with his Deputy Charles
Timber, were in charge o f the operation on Pujehun District; They were reporting to Sam Larto and "then the
report filter on to Charles Taylor who was by that time residing in Gbang") ; Charles Ghankay Taylor, 16
September 2009, p. 2906 1 (Charles Timba was one of the NPFL conun anders that worked along with Sam T uah
in Sierr a Leone ); TF 1-567, Transcrip t 2 Jul y 2008 , p. 12820 (Charles Timber was the training conunandant of
Pendembu vocational secondary school compo und, a training base in Kailahun distri ct); TF 1-371, 25 January
2008 p. 2220 (CS) (The 2nd and 6th Battali ons participated in the invasion of Sierra Leone ); Exhibit P-054 ,
"NPFL command structure in 1990-1991 as indicated by TF I-37 1" (describing Charles Timber as a member of
the 6th Battalion under the direct command of One Man One).
5156 Exhibit P-055 , "RUF Conun and Structure After the Invasion of Sierra Leone Circa March, June 1991", ERN
100161.
Case No.: SCS L-03-01-T
18 May 20 12
the radio programme Focus on Africa on the BBe. The Accused further stated that he was
also immediatel y informed by President Momoh that NPFL soldiers participated in the
invasion. 5 157 However, when he learned of the involvement of NPFL soldiers in the invasion
of Sierra Leone, the Accused did not immediately react. To the contrary, it is undisputed that
around June 1991 following a meeting with the RUF leader Foday Sankoh, the Accused
provided NPFL fighters and commanders for reinforcement in Sierra Leone.5 158 These NPFL
commanders included General s Francis Mewon 5 159 and Dopoe Menkarzon.l"? The evidence
clearly demonstrates that after June 1991, the Accused provided weapons and ammunitions
to his troops and RUF troops in Sierra Leone. 5 16 1 The Accused also provided NPFL radios
Charles Ghank ay Taylor. Transcript 20 July 2009. pp. 24764-2476 9.
Charles Ghankay Ta ylor. Tran script 25 November 2009. p. 32367 (in May/Jun e 1991, Taylor co ntacted the
leader of RUF to get the RUF to cooperate with the NPFL in terms of security of the border because NPFL and
RUF had a comm on enemy); Foday Lansana, Transcript 20 February 2008 , pp. 4350, 4354-4355 (While he was
in Foya, Lansan a saw at least every day or after one or two days a group o f people on board a truck with arms
and ammunition would co me from Voinjama into Foya en route to Sierra Leone); Dauda Arona Fornie,
Tran script 1 December 2008 . pp. 21321-21325 (While he was in Bomi Hill s. Fomie saw NPFL reinforcement
coming from Liberia going to the front in Sierra Leone).
5159 TFI-1 68, Trans cr ipt 2 1 January 2009, pp. 23200-23202 (CS) (describing General Dopoe Menkarzon and
General Francis Menw on as NPFL Special Forces in charge of Kailahun district around May 1991); Foday
Lansana, Trans cript 20 February 2008, pp . 4370-4 373 (describing NPFL commanders, like Anth ony
Menqu enagbeh, Francis Mewon or Duopo Merkazon as fully in control o f suppli es and monitoring and
dispat ching o f eve rything that went on in Sierra -Leon e in 1992); TFI-567, Transcript 2 July 2008. pp. 1282612827 (TFI-5 67 testified that while he was training at the Pendembu trainin g base from May 1991 to 1992. he
saw Foday Sankoh and the Liberian Spec ial Forces Francis Mewon and Dopoe Menk arzon who came to replace
NPFL commander Samuel Tuah); See also TFI-3 71, Tran script 25 January 2008 p. 2220 (CS) (The 2nd and 6th
Battalions participated in the invasi on of Sierra Leone ); Exhibit P-054, "NP FL command structure in 1990-1 991
as indicated by TFI-371" (describing Francis Mewon as Deputy Commander of the 1st Battalion Comm ander);
TFI-33 8, Transcript 1 September 200 8, pp. 15106-15107 (In 1992, Anthony Mekun agbe, Charles Timber,
Oliver Varney, Dopoe, Menkarzon, Francis Mewon used to visit Foda y Sankoh in Kailahun).
5 160 Charles Ghanka y Ta ylor. Tran script 15 September 2009 . p. 289 36 (Dopoe Menk arzon was not involved in
the initial invasion o f Sierra Leone; he became involved after Taylor ' s meetin g with Sankoh); TFI-1 68.
Tran script 2 1 January 2009 . pp. 23200-23202 (CS) (describing Gen eral Dopoe Menkarzon and General Francis
Menw on as NPFL Special Forces in charge of Kailahun distri ct around May 1991); Foday Lansana, Transcript
20 February 2008. pp. 4370 -4373 (describing NPFL comm anders, like Anthony Menquenagbeh, Francis Mewon
or Duopo Merka zon as fully in control o f supplie s and monitoring and dispat ching of everything that went on in
Sierra-Leone in 1992); TFI-338, Transcript 1 September 2008, pp. 15106-15107 (In 1992, Anthony Mekun agbe,
Charl es Timber. O liver Varney, Dep oe, Menkarzon, Francis Mewon used to visit Foday Sank oh in Kailahun );
TFI-567, Tran script 2 Jul y 2008, pp. 12826-12827 (TFI-567 testified that while he was trainin g at the
Pendembu trainin g base from May 1991 to 1992, he saw Foday Sankoh and the Liberian Special Forces Francis
Mewon and Dopoe Menkarzon who came to replace NPFL commander Samuel Tuah ); Exhibit P-065, " Letter
from Sankoh to Taylor dated 5 May 1992" (mentioning the name o f General Dopoe); Moses Blah, Transcript 14
May 2008, pp. 9865-9866 (Dopoe Menkarzon came back from Sierra Leone to Liberia after the Operation Top
Final. Menkarzon, got ajob as head of security at the bureau of maritime affairs); But See in contr ast TFI-3 71.
Tran script 25 January 200 8, p. 2224 (CS). (Dopoe Menk arzon, a NPFL special force commando. participated in
the Kailahun attack in March 1991); Transcript 25 January 2008 . p. 2220 (CS) (The 2nd and 6th Battalions
parti cipated in the invasion o f Sierra Leone ); Exhibit P-054. "NP FL command struc ture in 1990-1 991 as
indicated by TFI-3 71" (describing Dopoe Menkarzon as a member of the 2nd Battalion (based in Voinj ama)
under the direct command o f Anthony Menkunagbe, Commander of the 2nd Battalion).
5 16 1 Charles Ghankay Taylor, Tran script 20 July 2009. pp. 24806-2480 8, 24809- 24812 (Taylor pro vided
manpower, arms and ammunition guest house for Foda y Sankoh and radio room in Gbarnga. Ta ylor had little to
5 157
5 158
Case No.: SCSL -03-01-T
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18May2012
3SS93
and radio operators to the RUF.5 162 The RUF leader, Foday Sankoh, was given a house in
Gbarng a and basic facilities.5 163
238 1. Thus, when viewing the record as a whole, it can only be concluded that the Accused
was involved in the invasion of Sierra Leone . Widespread belief in his involvement was
acknowledged by the Accused himself as having been held by the international community
and President Momoh at the time of the invasion. 5164
2382. Turning to the moti vations behind the NPFL and RUF cooperation in invading Sierra
Leone, the Prosecution alleges that the invasion of Sierra Leone was the prelude to the
achievement of the ultimate objectives of the common plan, design or purpose, namel y to
terrori ze the civilian popul ation in order to forcibl y control the populati on and territory of
Sierra Leone and to pillage its resources, in particular diam onds.i'"
share as he was fight ing a wa r himsel f. However, he did, on occasion, share with him lim ited qua nti ties of
materi el); T ranscript 20 Jul y 2009, pp. 2482 5-2 4827 (Tay lor pro vided minimal assistance to Sanko h from
Augus t 1991 throu gh May 199 2. He se nt sm all amounts of AK. amm unitio n from time to tim e. Perhaps three or
fiv e bo xes. He also sent some RPG roc kets. He did not send arms because Ta ylor need ed those as he was still
fighting); Exhibi t P-065 , " Letter from Foday Sanko h to C harles Taylor dated 2 May 1992 " (thanki ng Taylor fo r
the arm s and amm uni tions received but requ esting mor e amm unition to co ntinue the fight ); Yanks Smythe,
T ranscript 22 February 20 10, pp . 3567 4-35677 (Betwee n 1991 and 1992 , Sanko h visi ted G ba mg a and received
small am ounts of arm s and amm uni tions from the NPFL); TFI-56 7, T ranscrip t 2 July 2008, pp . 12829, 1283 812845 (in 1991 , Sank oh was go ing to see C harles Taylor, and he brou ght bac k arms and ammunition together
wi th food ), p. 12867 (in 1992, Taylor provid ed Sanko h with a goo d amount of arms and ammunitions inc luding
RPGs, RPG boxes, AK rounds , GP MG in exch ange of d iam onds); Fod ay Lan sana, Transc ript 20 February 2008,
pp . 4350, 43 54-4 355 (while he was in Foya, Lansa na saw at least every da y or afte r one or two days a gro up of
people on board a truck with arm s and ammunition would co me from Voinjama into Foya en route to Sierra
Leon e), pp . 4370- 4373 (desc ribing NPFL co mmanders, like An tho ny Menq uenagbeh, Fra ncis Mewon or Duo po
Merkazon as fully in co ntro l of supplies and monitoring and dispatching o f everything tha t we nt on in Sierra Leon e in 199 2); Perry Kamara , Transc ript 4 Fe bruary 20 08 , p. 3045 (in 1992, the RUF wa s ge tting arms,
ammunition, food and dru gs from Ta ylor) ; C harles Ngeb eh, T rans cript 22 March 20 10, p. 377 72 (During the
earl y sta ges o f the RU F incursion into Sierra Leo ne, in 1991 the RUF rece ived suppo rt from Mr Taylor in the
form of food , medicine and a sma ll amo unt o f ammunition).
5 162 Operationa l Support: Co mm unicatio ns, Radi o Equipme nt and Training.
5163 Charles Gh ankay Taylor, Transcript 10 September 2009, p . 28597 (Taylor p rovided Sankoh with a hou se in
G ba mga fro m Aug ust/S epte mbe r 1991 until the end of his re lationship wi th Sankoh in May o f 1992) ; Charles
Gh ankay Taylor, T ranscript I Oc tobe r 2009, pp . 30042 -300 43 (Taylor ag reed that he provided Sanko h with a
hou se in Gbamga in 1991 ); Yanks Smy the, 22 February 20 10, pp . 35674-35677 (Be tween 1991 and 199 2,
Sankoh visited Gbamga and received small amo unts o f arms and ammunitions from the NPFL); TF 1-338,
T ranscript I September 2008 p. 15107 (in 1992 , Foday Sanko h d id man y trip s to Gbamga in Liberia, incl udi ng
two in co mpa ny of TF I-338); Fayia Mu sa, T rans cript 13 April 20 10, pp. 38900-3890 1 (betwee n April 1991 and
February 199 2 Foday Sanko h was almos t always in Gbarnga) ; TFI -567, Transcript 2 July 2008, pp . 1283812839 (the witness went togeth er with Foday Sanko h to G bamga twic e, one time in 1991 , one time in 1992).
5 164 Cha rles Gh ankay Taylor , T ranscript 20 Jul y 2009 , p. 24769.
5 165 Prosecution Final T rial Brief para. 575.
Case No. : SCS L-03 -0 1-T
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18 May 20 12
2383 . The Trial Chamber heard a considerable amount of evidence establishing that from
1991, NPFL soldiers in Sierra Leone committed crimes against Sierra Leonean civilians
including looting, abduction, rape and killing. 5 166
2384. The Trial Chamber also heard evid ence that , after the invasion , the NPFL opened
training camps in which they trained abducted civilians including children. Specifically,
TFl-567, TFl-51 6, Albert Saidu and Alic e Pyne testified that after the invasion of Sierra
Leone in March 1991, the y were abducted by RUF and NPFL rebel s invading Sierra Leone,
and forced to undergo military training in NPFLIRUF training camps in Kailahun
district. 5 167 There, they found hundreds or thousands of other civilians abducted, including
5 166 TFI-3 71, Transcript 25 January 2008, pp. 2238-2239 (CS) (Sankoh told TFI-371 that he was going to
Gbange to complain to Taylor about the behaviour of NP FL soldi ers who were killing, harassing and looting
civilians); Yanks Smythe, Tran script 22 February 20 I0, p. 35678 (Smythe heard that the reason of the departure
of NPFL forces from Sierra Leone was that Sankoh complained to Taylor that some of the NPFL soldiers were
misbehaving) ; Moses Blah, Transcript 14 May 2008, pp. 9860-986 1 (Sankoh told Blah: " the boys from NPFL,
whom the chief sent to help me, they got involved into a lot of atrocities, rapin g women, looting people's
property and killing people, and these are the peopl e I have gone to liberate and I am losing respe ct amongst my
tribesmen . This was what I have come to consult with the chief on"); Alice Pyne, Transcript 17 June 2008 , pp.
12048-12055 (Alice Pyne testified that she was abducted together with 100 able bodied civilians (boys, girls,
women and men) by NPFL Liberian fighters. The NPFL fighters dressed in civilian clothes who searched for
arms and ammunitions from civilian houses, looted civilian money and forced to train in a training camp
comma nded by a NPFL soldi er named CO Dugb a and his deput y Pele Boy); Corinne Dufka, Transcript 22
January 2008, p. 1938 (Dufka states that the disagreements between RUF and NPFL about the NPFL combatants
involved in the perpetration of abuses in Sierra Leone, resulted in Operation To p 20, when the NPFL was
expelled from Sierra Leone; Charles Ghankay Taylor, Transcript 20 July 2009, pp . 248 19-2482 0 (In about Apri l
1992, Sankoh complained that Taylor's so ldiers were murdering and raping); Fayia Musa, Transcript 13 April
20 10, pp. 38897-38906 (Testified about Top 20 and Top 40 durin g which killings and rapes by NPFL soldiers
took place as well as acts of cannibalism); Augustin e Mallah, Tran script 12 November 2008, p. 20085 (Mallah
testified about the NPF L crimes in Pujehun district: civi lians were forcibly captured and trained, wives were
abducted and raped, properti es were looted); Foday Lansana, Tra nscript, 20 February 2008 , pp. 4374-4378
(Charles Taylor said on a message broadcast on the radio that he had received uncountable complaints of
infighting and poor treatment of civilians and so he was ordering the evacuation of NPFL troops back to Liberia
within 10 days); DCT- 292, Transcript 2 June 20 10, pp. 41882-41 893 (lot of compl aints against NPFL so ldiers
harassing and killing civi lians, and engaging in cannibalism, and rape . A Liberian named Bosco executed a
woman in the witness's presence because he wanted her daughter); TF I- 585, Tra nscript 5 September 2008. pp.
15579-15580 (PS) (TFI-58 5 testified that many people were killed, raped, and pregnant woman and children
were mutilated in Sierra Leone in 1992); Martin Geo rge, Transcript 22 April 20 10, pp. 39684-39687 (Geo rge's
group arrived in Kailahun on 1 Janu ary 1993. He was told that NP FL troop s had come to Kailahun and harassed
people , raped them and forced them to do work. The NPFL had organized a group called Top 20, then Top 40,
who started to kill civi lians and take their propert ies); See also Exhibit P-277 (Confidential), pp. 18-20
(descri bing crimes comm itted by NPFL soldiers); Exhibit D-336 (Footpaths to Democracy, RUF, 1995) pp.
9707-9708 ("We do not deny that the fact that some of those who vo lunteered to join our cause were veterans of
the Liberian civil war but majority were of Sierra Leonean parentage. However, this min or "alien" involvement
in our ju st and human cause was curtail ed as early as May 1992 when it bec ame a nightmarish experience for our
civilian population") .
5167 TFI- 567, Transcript 2 July 2008, pp. 12818-12820 (TF I-56 7 was in Pendembu Town, Kailahun district in
May 1991 when he saw rebels speaking Liberian English, shooting guns around town and capturing civilians.
TF I-567 who was 16 years old at the time, was captured together with sixteen other people. Some of the captives
were younger than the witness. The y were then taken to Pendembu vocational secondary school compound to
undergo trainin g); TFI-516, Transcript 8 April 2008, pp. 6813-6815 , 6876; Transcript 11 April 2008, pp. 733 27333 (TF 1-516 was 17 years old when he was abducted by a Liberian named Rambo in Kailahun town in March
802
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18 May 20 12
children and women, who were divided into different groups by sex and age, including
SBUs (Small Boys Units), SGUs (Small Girls Units) and WACs.5168 Recruit s were trained
by Liberian NPFL trainers.5169 Witness TF l-516 and Saidu testified that a recruit who tried
to escape was killed as an exampl e to others.5l70 The Trial Chamber recalls its previous
findings that Pyne and Witnesses TFl-567 and TFl -516 are all generally credible 5171 and
finds Albert Saidu likewise to be generally credible. Similarly, Mansaray, Mallah and
Kamara, all generally credible witnesses,5172testified that they were captured by RUF and
NPFL soldiers invading Sierra Leone around April 1991, and taken to Gissiwulo training
base in Pujehun district, where they received, together with hundreds of other civilians,
including children , militar y training by RUF and NPFL trainers.5173 TIle evidence further
1991 . Two weeks later, the witness escaped back to his village in Kailahun but one month after that he was
recaptured. aga in by Liberians); Albert Saidu, Transcript 3 June 2008. pp. 10865- 1087 1 (Albert Saidu was
captured with 100 other civilians including young children by RUF and Liberian rebels invading Sierra Leone in
March 1991 and forced to follo w military trainings at Pedembu in Kailahun district); Alice Pyne, Transcript 17
June 2008 , pp. 12048-12049 (Pyne was abducted by NPF L fighters in March 1991 together with 100 other
civilians includ ing boys, girls and women. The NPFL fighters including one Sierra Leonean named Gibba,
dressed in civilian clothes. searched for arms and ammunitions from civilian houses. looted civ ilian money).
5 168 TFI -567, Transcript 2 Jul y 2008. pp. 12821-12826. (At the base, around 800 people, including children as
young as 13 years old, both boys and girls. underwent military train ing); TFI -516. Transcript 8 April 2008 , pp.
68 15-6824, 6876 (TF I-5 16 testified that captive civilians arrived from other areas to a training base in Kailahun.
There were approximat ely 5000 "recruits" includin g children divided by sex into Small Boys Units and Small
Girls Units who were from 10 up to 20 years old); Albert Saidu, Transcript 3 June 2008, pp. 10871-10873
(abducted civilians who were divided into groups: SBUs aged 9-13 years and WACs girls aged 11-12 years who
were forced to be bush wives to the senior commanders); Alice Pyne, Tran script 17 June 2008, pp. 12051-12055
(Alice Pyne was taken with 100 other civ ilans to Dia training base between Manosewallu and Koindu where they
were militaril y trained for 3 months . The train ing commanders, CO Dugba and NPF L fighter Pele Boy, divided
about 300 civilians into groups: 80 SBUs and SGUs aged 8-13 years, female and male adults).
5 169 TFI-567. Transcript 2 July 2008, pp. 12825-12826 (TF I-567 named Matthew and Jah Glory, two at the
camp. TF 1-567 also mentioned Mon ica Pearson. a Liberian, as part of the group of commanders at the camp at
the time); Albert Saidu, Transcript 3 June 2008. pp. 10871-10 872. 10874-10875 (Saidu spent three months
trainin g in military tactics by NPFL Special forces instructors CO Big Darlin g, CO Nyamator, CO Rebel Baby.
In addition, Special force members in charge of training, CO Sam Tuah, Dopoe, and General Mustapha visited
the trainees at the base); Alice Pyne, Transcript 17 June 2008. pp. 12048-12055 (Pyne testified that she was
abducted by NPFL so ldiers and trained by them at Dia training camp. NPFL CO Dugba was commander and
Pele Boy deput ised him).
5 170 TFI-516, Transcript 8 April 2008, pp. 6820-6822 (a recruit who tried to escape from the training base was
killed as an example to others); Albert Saidu, Transcript 3 June 2008, pp. 10881-10883 (During the trainin g, the
securities arrested two trainees who attempted to escape and beat them severely. In the presence of the witness
and others, CO Sam Tuah shot them dead and later dumped them in a bush). See also TFI -567, Transcript. 2
July 2008, pp. 12821-12823 (Those who refused to train were pun ished. meanin g that they would be beaten.
Children as young as 12 were beaten for refusing to train, includin g both boys and girls).
5 17 1 Credibility Assessment, Alice Pyne, paras 304-307; Credibility Assessment, TFI -567, paras 313-317;
Credibility Assessment , TF I-5 16. paras 275-284.
5172 Credib ility Assess ment, Mustapha M. Mansaray, paras 254-262 ; Credibility Assess ment, Perry Kamara,
paras 227-236; Credibility Assess ment, Augustine Mallah, Pre-Indictment period (1988-1996), para. 2522.
5 173 Augustine Mallah, Transcript 12 November 2008, pp. 20062-20074 (Augustine Mallah was captured in 1991
at Soriegbema and taken to Gissiwulo, Pujehun District for training. There were more than 1000 people aged
from 10 to 22 years that were being trained by NPF L training instructors at Gisiwulo); Mustapha M. Mansaray,
Transcript 4 March 2008 , pp. 52 13, 5223 (Mustapha Mansaray was captured together with other civilians in
803
18 May 20 12
demonstrates that during two operations named Top 20 5174 and Top 40 5 175, NPFL soldiers
April 1991 in Puj ehun district R UF and NPFL soldiers and taken to a training base at Gissiwulo where he staye d
until June 1991 . A t the training base, more than 500 c ivilians age d bet ween 14 and 4 5 years old received m ilitary
training fro m Bockari e also called AB an NP FL fighter, CO, Yagb awol o an RUF vangua rd and the co mmander
Chico Mayar); Perry Kam ara, Transcrip t 4 Fe bruary 2008, pp . 3025-3026 (Perry Ka ma ra was ca p tured aro und
April 1991 at Zimmi and togeth er with other civi lians, men and wo men, wa s taken to the first training base at
Gis siwu lo in Puj ehun distr ict, whe re he received guerrilla training by NPFL so ldiers for two months).
5 174 lssa Sesay, T ranscript 5 Jul y 2010, p. 43649 (To p 20 took place in March/ April 1992. T op 40 refers to the
time in May 1992 when the NP FL fighters arrested Sesay and o thers and took them to Ku iva); Alice Pyne,
T ranscrip t 17 June 2008, p. 1205 9 (A lice Pyne und ers tood To p 20 to be the result o f one NP FL co mma nde r
killing ano ther RU F co mman der. Fo day Sank oh passed a co mma nd for the NP FL co m ma nde r to be execu ted ,
wh ich resulted in infighting); TF I- 168, Transcript 21 January 20 09, pp. 23205-2 320 8 (CS) (Top 20 we re
infightings between NPF L and RU F : during whi ch NPFL fighter s ass erted them sel ves over the RUF Vanguards.
NP FL fighters ret al iated , killed, burned hou ses, etc. C ivilians and Junior Commandos suffer ed the most during
O peratio n T op 20); Fayia Musa, Transc ript 13 April 20 I 0, pp . 38897-38904 (To p 20 was a killing spree in
Februa ry and March 1992 du rin g whic h the Liberi ans killed anyo ne that was a Sierra Leonea n. During Top 20,
Isaac Mo ngo r exec uted 30 civ ilians behind a house in the town of Sa di allum Luawa Chiefdo m and earne d the
nickn am e T ombol o, meaning 'ge noc ide' in Me nde . During T op 20 Liberians wo uld force e lde rly indi vidual s to
carry bags of coffee to Foya. If anyo ne resisted they wo uld be kill ed. Many rapes took place du rin g the To p 20
peri od , as we ll as act of ca nni ba lis m); T F 1-51 6, T ra nscript 9 Apri l 2008, p. 6992 (Sa m Tu ah was a NPFL
ge neral. He was based in Pendembu. He organise d a miss ion co de named T op 20 in whic h fighters we nt on a
ra mpage o f mu rder and rape); DCT-292, Transcript 2 June 20 10, pp. 4188 8-41 893 (T he first operation, T op 20 ,
took place between Fe bruary and March 1992 and co nsisted of the arrest of RU F members by NPFL like Peter
Vandi , Sesay, Morris Kallon. Witness DCT-292 was arrested in a second op er ation Top 40 , whic h took place in
May 1992 . Sanko h unsuccessfully attemp ted to prevent Kawie arres ting RUF members during T op 40);
Moh am ed Kabb ah , Transc rip t 15 Sep tember 2008, pp. 16239-1 6243 (During the period of T op 20, RUF recruits
who esca pe d to Gui nea were mut ilated and killed there); Mart in George , Transcri pt 22 April 20 10, pp . 3968439687 (George's group arrived in Kailahun on I January 1993. He was told that N PFL tro op s had co me to
Kail ahun and harassed peopl e, rape d them and forced them to do wo rk. Th e NPFL had organized a gro up ca lled
To p 20 , then Top 40 , who starte d to kill civilians and take their properti es); Exhi b it P-277 (Confide ntial), pp . 2 122 (Part of the rep ort describ ing Top 20). See also Fo day Lan sana, Transc rip t 20 February 2008, pp. 4370-4373
(Describing the s truggle for power between NP FL and RUF co m ma nders in 1992 , that resulted in se rio us
infight ing between the NPFL fighting troops and the RUF vanguards in a seri es tha t was referred to as "T op 20" ,
"T op 40" and "To p Fina l"); Charles Ghank ay T aylor , Transcript 20 July 2009, pp . 248 19-24820 (In about April
1992, Sankoh complain ed that T aylor ' s soldiers were murdering and raping and were not resp ecting him as the
leader. Taylor sa id he would se nd Fra nc is Men won to inves tiga te but before he could, the RUF had taken matt ers
into its own hands. By late April/ May Fo day Sa nko h had lost co ntro l and there was maj or co mba t be tween the
RUF forces and NPFL so ldie rs se nt by Taylor. T here were killings on bo th sides. Taylor orde red Menkarz on and
all the NPFL in Sierra Leon e to return ); August ine Mallah, Transcript 14 Nove mber 2008 , pp . 20274-20276
(Mallah heard that To p 20 and To p 40 we re fight s amo ng the NP FL Libe rians and the Va nguards . Ras hid
Manasar ay, deputy to Foday Sa nko h and his j unio r co mmando bo dyguards we re kill ed during these ope ratio ns
whic h took place in 1992. Mallah also heard tha t in 1992 , most of the NP FL Liberian fight ers returned to
Libe ria) .
5175 A lbert Saidu, T ra nsc ript 6 Jun e 20 0 8, pp. 11226-11227, 11237 (Albert Saidu describes Top 40 as a mission
in which the NP FL kill ed civilians in the RUF territory); Issa Sesa y, Transcript 5 July 20 I 0, p. 43 64 9 (T op 40
refers to the time in May 1992 whe n the NPFL fig hters arres ted Sesay and others and took them to Kuiva) ; TF 1168, Transc ript 2 1 Ja nuary 2009 , pp . 23208-232 11, 232 14 (CS) (O peration T op 40 was simi lar to To p 20. NP FL
so ld iers arrested some Va ng uards and took most to Ku iva and o thers to Ca mp Naama. A t Ku iva, the Va nguards
were mi streated, and some were kill ed ); Fay ia Musa, T ransc ript 13 April 20 10 , pp . 38904-38906 (T op 4 0 was
the co ntinuatio n of To p 20 . lt occu rre d in May 1992, foll owed the same pattern (mur de rs of civilians, rape s,
for ce lab our) and lasted thro ug h the month of May); DCT-292, T ran sc rip t 2 June 20 10, pp. 4 1888-4 1893 (DCT292 was arres ted in a second operation To p 40, which took place in May 1992. Sanko h unsuccessfull y attemp ted
to prevent Kawie arres ting RUF members during Top 40); Martin Geo rge, Transcript 22 Apri l 20 I 0, pp . 3968439687 (G eorge's gro up arrived in Kai lahun on I Ja nuary 1993 . He was told that NPFL troop s had co me to
Kail ahun and harassed people, raped them and forced them to do work. The NP FL had organized a gro up call ed
Top 20, then Top 40, who started to ki ll civ ilians and take their properties); TF 1-567, Transcript 7 July 2008 , pp .
13082-13 083 : Top 20 and To p 40 we re operations aro und 1991-1 992 when NPF L so ld iers led by Dop oe
804
Case No .: SCSL-03-0 1-T
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18 May 20 12
led attacks aga inst Sie rra Leonean civilians as well as junior RUF co mmandos. Arou nd
Apri l/May 1992 Sankoh met the Acc used in Gbamga, Liberia and co mplained that the
Accused ' s men we re murdering and rapin g civilians and not respecting Sankoh as the
leader. 5 176 In Jun e 1992, RUF forces attacked NPFL so ldie rs in retaliation for their crimes in
an operation ca lled To p Fina1.5 177 Sub sequently, the Accused ord ered all the NPFL troops in
Sierra Leon e to withdraw .5 178
Menk arzon and James Karway, killed Sierra Leonean civilians and j unior comm andos ); Exhibit 1'-277
(Con fidential) , pp . 21-22 (Part of the report describin g the crimes committed by NP FL soldi ers dur ing the
opera tion Top 40); See also Foday Lansana, Transc ript 20 February 2008 pp. 4370-4373 (Desc ribing the strugg le
for power between NPFL and RUF commanders in 1992, that resulted to serio us infig hting between the NPF L
fighting troops and the RUF vanguards in a series that was referred to as "Top 20", "Top 40" and "Top Final");
Charles Ghankay Taylor, Transcript 23 September 2009 , pp. 295 13-295 15 (Firefights betwee n NP FL and RUF
around May 1992); Transcript 20 Ju ly 2009, pp. 248 19-24820 (In about April 1992, Sankoh complained that
Ta ylor ' s sold iers were murd ering and raping and were not respecting him as the leader. Taylor said he would
send Francis Menwon to investigate but before he could , the RUF had taken matters into its own hands. By late
April/May Foday Sankoh had lost control and there was major combat between the RUF forces and N PF L
soldiers sent by Taylor. There were killin gs on both sides. Taylor ordered Menkarzon and all the NPF L in Sierra
Leone to return); Augustine Mallah, Tra nscript 14 Nove mber 2008, pp. 20274-20276 (Ma llah heard that Top 20
and To p 40 were fights among the NPFL Liberians and the Vanguards. Rash id Ma nasaray, deputy to Foday
Sanko h and his j unior commando bodyguards were killed during these opera tions which took place in 1992.
Mallah also heard that in 1992, most of the NPF L Liberian fighters returned to Liberia).
5176 Charles Ghankay Taylor, Transcript 20 July 2009, pp. 248 19-24820 (In about April 1992 , Sankoh
co mplained that Taylor's soldie rs were murder ing and raping and were not respecting him as the leader. Taylor
said he would send Francis Menwon to investigate but before he co uld, the RUF had taken matters into its own
hand s. By late Apri l/May Foday Sankoh had lost contro l and there was major combat between the RUF forces
and NPFL so ldiers sent by Taylor. There were killings on both sides. Taylor ordered Menkarzon and all the
NP FL in Sierra Leone to return); TF I-37 1, Tra nscript 25 January 2008, pp. 2238-2239 (CS) (Sankoh told TF l371 that he was goin g to Gbange to complain to Taylor about the behaviour of NPFL soldiers who were killing,
harassing and looting civilians); Yanks Smythe, Tran script 22 February 20 10 p. 35678 (Smyth e heard that the
reason of the departure of NPFL forces from Sierra Leone was that Sankoh complained to Taylor that some of
the NPFL so ldiers were misbehaving); Moses Blah, Tra nscrip t 14 May 2008 , pp. 9860-986 1 (Sankoh told Blah:
"the boys from NPF L, whom the chief sent to help me, they got involved into a lot of atrocities, raping women,
looting peopl e's property and killing people, and these are the people I have gone to liberate and I am losing
respect amongst my tribesmen. This was what I have come to consult with the chief on"); TF I-168, Transcript
2 1 January 2009, pp. 232 11-232 13 (CS) (TF 1-168 learnt through his wife that Sankoh complained to Ta ylor who
recalled the Liberians fight ing in Sierra Leone back to Liberia. This operation was called Top Final and took
place in June 1992. Ruthless NPFL so ldiers were asked to leave, and those who did not want to leave were
chased out of Sierra Leone by RUF forces); Fayia Musa, Tra nscript 13 April 20 10, pp. 38905 -389 12 (Afte r Top
40 the civilians sent a message to Foday Sankoh in Gbarnga tellin g him that he would lose their support if the
killings continued. Sankoh informed Charles Tay lor of the killings. Charles Taylor instructed one of his
comma nders, Dopoe Menkarzon, to enter the RUF territory and instruct Liberians who d id not belong to the
RUF to return in Liberia. This forceful eviction of non-Sierra Leoneans was known as Operation Top Final and
took place between June and July 1992. Dop oe Menkarzon condu cted these arrests himself assisted later by the
RUF); DCT-2 92, T ranscript 2 June 20 I0, pp. 41882-41 893 (A Liberian named Bosco executed a woman in the
witness 's prese nce because he wanted her daughter. Witness DCT-292 repor ted this cri me to Sanko h and aske d
him to complain to the leader of these Liberians. Sankoh decided to go to Gbarnga, and when he came back
Dopoe Menkarzon and James Kawie arrested all the RUF office rs and took them to Gbarnga. The group that was
arrested included Edward Fembeh, Daniel Kallon, Augustine Kargbo, Abraham Dugbeh, and Mo n Ami) .
5177 Charles Ghankay Taylor, Tra nscript 20 July 2009, pp. 248 19-24820 (In about April 1992, Sankoh
compl ained that Taylor's so ldiers were murdering and raping and were not respectin g him as the leader. Taylor
said he would send Francis Menwon to investigate but before he could, the RUF had taken matters into its own
hands. By late April/May Foday Sankoh had lost control and there was major combat between the RUF forces
18 May 20 12
and NPFL soldiers sent by Taylor. There were killings on both sides. Ta ylor ordered Menkar zon and all the
NPFL in Sierra Leone to return); TF I-367, Tran script 29 August 2008, pp. 14945-14947 (PS) (Top Final was the
operation to rid bad NPFL soldi ers from Sierra Leone. Taylor ultimately withdrew his soldiers committing
crimes); John Vincent, Transcript 26 March 20 I0, pp. 38078-3 8079 (John Vincent met Dopoe Menkarzon during
Top Final, when Dopoe was sent to repatriate the NPFL soldiers who had misbehaved) ; Issa Sesay, Trans cript 5
July 20 10, p. 43649 (Top final took place in June 1992); Albert Saidu, Tran script 6 June 2008, pp. 11237 (Top
Final was the removal of NPFL Spec ial forces from Sierra Leone to Liberia); TF 1-168, Transcript 2 1 January
2009, pp. 232 11-232 13 (CS) (T FI- 168 learnt through his wife that Sankoh complained to Tay lor who recalled
the Libe rians fighting in Sierra Leone back to Liberia. This operation was called Top Final and took place in
June 1992. Ruthless NPFL soldiers were asked to leave, and those who did not want to leave were chased out of
Sierra Leone by RUF forces); Fayia Musa, Transcript 13 April 20 10, pp. 38905-389 12 (After Top 40 the
civilians sent a message to Foday Sankoh in Gbarnga telling him that he would lose their support if the killin gs
continu ed. Sankoh informed Charles Taylor of the killings. Charles Taylor instructed one of his commanders,
Dopoe Menkar zon, to enter the RUF territory and instruct Liberians who did not belong to the RUF to return in
Liberia. This forceful eviction of non-Sierra Leoneans was known as Operation Top Final and took place
between June and July 1992. Dopoe Menkarzon conducted these arrests himself assisted later by the RUF);
Martin George, Transcript 22 April 20 10, pp. 39684 -39687 (Geo rge's group arrived in Kailahun on I January
1993. He was told that RUF commanders in Kailahun , CO Mohammed and Sam Bockarie organized an attack
(called Top Final) to get rid of the NPFL troops and push them out of Sierra Leone. The witness was not in
Kailahun durin g Top Final); TF I-567 , Tran script 7 July 2008, pp. 13082-13083: Top Final was an operation
durin g which, RUF j unior commands and RUF vanguards drove away the NPFL soldiers who were killing the
Sierra Leonean civilians and junior commandos. NPFL members who did not cause troubl e stayed in the RUF.
Top Final took place in 1992; Corinne Dutka, Transcript 22 January 200 8, p. 1938 (Dutka states that the
disagreements between RUF and NPFL about the NPFL comb atants involved in the perpetration of abuses in
Sierra Leone, resulted in operati on Top 20 [sic], when the NPFL was expelled from Sierra Leone) ; See also
Exhibit D-336 , "Foo tpaths to Democracy, RUF, 1995", pp. 9707-9708 (We do not deny that the ta ct that some of
those who volunteered to jo in our cause were veterans of the Liberian civ il war but majority were of Sierra
Leonean parentage. However, this minor "alien" involvement in our just and human cause was curtailed as early
as May 1992 when it became a nightmari sh experience for our civilian population); Moses Blah, Transcript 14
May 2008, p. 9865 (Christopher Varmo h and Dopoe Menkarzon told Moses Blah that they left Sierra Leone
because there was a conflict between them and Foda y Sankoh); Foday Lansana, Transcript 20 February 2008 ,
pp. 4370-4373 (Descri bing the strugg le for power between NPF L and RUF commanders in 1992, that resulted to
serio us infighting between the NPFL fighting troops and the RUF vanguards in a series that was referred to as
Top 20", "Top 40" and "Top Final").
5 178 Prosecution Final Trial Bri ef, para. 1139; Defence Final Trial Brief paras 429-430; Yanks Smythe,
Transcript 22 February 20 10, p. 35678 (All the NPFL soldiers fighting ULIMO in Sierra Leone were
withdrawn); Foday Lansana, Transcript 20 February 2008, p. 4372 (" In May 1992 there was an instructi on from
Mr Charles Ghankay Tay lor to Anthony Menquenagbeh that all the generals of the Special Forces, the battalion
commanders, that they should evacuate all the NPFL fightin g men from Sierra Leone back to Liberia"); Charles
Ngebeh, Transcript 22 March 2010, pp. 37763-37765 (In August 1991, infightings between NPFL and RUF
members; Taylor heard rumour s that Liberians were being killed and sent General Dopoe Menkarzon to Qu iva to
investigate what was going on at the base. Subsequen tly, Taylor ordered the NPFL forces under his comma nd to
withdraw from the country within 72 hours, and to bring back all the arms that had been brought into Sierra
Leone. Ta ylor ceased providing assis tance to the RUF. From the year 1992 to 200 I, the RUF engaged in a selfreliant struggle); Fayia Musa , Transcript 13 April 20 10, pp. 38905-38912 (After Top 40 the civilians sent a
message to Foday Sankoh in Gbarn ga telling him that he would lose their support if the killings continu ed.
Sankoh informed Charles Taylor of the killings. Charles Taylor instructed one of his commanders , Dopoe
Menkarzon, to enter the RUF territory and instruct Liberians who did not belong to the RUF to return in Liberia.
This forceful eviction of non-Sierra Leoneans was known as Operation Top Final and took place between June
and July 1992. Dopoe Menkarzon conducted these arrests himself assisted later by the RUF); Isaac Mongor,
Transcript 3 April 2008 , pp. 66 15-66 18 (In 1992 there were a serious disagreement between the RUF and the
NPFL ove r the behaviour of NP FL members in Sierra Leone. By the middle of 1992 Taylor ordered the
withdrawal of all active NPFL personnel from Sierra Leone. A few NPFL members decided to stay in Sierra
Leone and join the RUF. Two men of Mongor died in this battle between the RUF and NPF L); Foday Lansana,
Transcript 20 February 2008, pp. 4374-43 78,4521 (Charles Tay lor said on a message broad cast on the radio that
he had received uncountable compl aints of infighting and poor treatment of civilians and so he was ordering the
evacuation of NPFL troops back to Liberia within 10 days . This directive was written in the log book and copi es
were made for the various commanders who were going to Pendembu, Ka ilahun , Quiva and wherever NPFL
806
/
/
18 May 20 12
.M
2385. In the Trial Chamber's view, while it is established that NPFL soldiers committed
atrocities in Sierra Leone after the invasion, the evidence fails to establish that these crimes
were committed pursuant to an agreement between Taylor and Sankoh. To the contrary, the
evidence regarding Sankoh 's meeting with Taylor in May 1992, during which Sankoh
expressed his concerns regarding crimes committed by the NPFL contradicts the
Prosecution's allegation that Taylor and Sankoh had a common purpose to terrorize the
civilian population in order to forcibly control the population and territory of Sierra Leone
and to pillage its diamonds. If Sankoh and Taylor had agreed to terrorize the civilian
population, Sankoh would not have been surprised by the atrocities committed by NPFL
troops, let alone complained to Taylor about them.
2386. The Trial Chamber also recalls the evidence that initiall y, the ideology of the RUF
was not to terrorise civilians and that, while in Camp Naama , the RUF recruits received
training including basic Geneva Convention regulations on the treatment of civilians. 5 179
Moreover, then Trial Chamber accepts the evidence of Prosecution Witness TFI-579, who
testified that prior to the invasion of Sierra Leone, he heard Sankoh telling Oliver Varney
that he did not want any looting during the invasion or any civilian to be harassed.
5 180
troops were based in Sierra Leone. Lansana was part of the group that went to Vahun on the basis of that
instructi on).
5179 TF 1-371, Transcript 24 January 2008, pp. 2203-2204 (CS) (Sankoh asked Mike Lamin to teach ideolo gy and
provid ed him with brochures on basic Geneva Convention regulati ons on how to treat civilians and respect them
durin g the conflict); TF 1-1 68, Tran script 21 January 200 9, p. 23181- 23182 (CS) (Durin g the invasion of Sierra
Leone civilians were " not treated fine. The y were not treated nicely, as oppose d to our basic ideology that we
were taught at the base. In fact, it was surprising to me to see things happen ing that way"); TF 1-1 68, Tran script
23 Janua ry 2009, pp. 2339 5-23396 (CS) (TF 1-168 received instruction to give good treatm ent to civilians in
order to make them support the revolution); Geo rge, Transcript 2 1 April 20 10, p. 39612-39614 (George testified
that Mike Lamin , a Sierra Leonean instructor, taught all the recruits how to take care of civilians during
missions). Vincent, Tran script 25 March 2010 , pp. 3799 8-37999 (the ideol ogy class taught the trainees to take
good care of civilians and to attack only military install ations); DCT-292, Transcript I June 20 10, pp. 4170 84170 9, 41714 (T he ideo logy training in Camp Naam a included : ensuring that a person who surrenders is
unharmed and handed them over to the nearest senior officer for screening; a prohibition again st rapin g: the
correct treatment of capture d civilians - soldi ers needed to gather the civilians in one place and guard them.
Another element o f the ideology was that whenever a town is captured, an y material captured, including anus,
ammunition, clothing, and food had to be kept under the supervi sion of the commander. Thes e material s then
had to be shared among the civilians and the fighters); Sam Koli ch, Transcript I November 2010, pp. 48374
(Ideol ogy trainin g includ ed advice on how to treat civilians and prisoners but not on how to terrorize them.
According to Kolleh, terrorism was not the ideology of the RUF) ; DCT -025 , Transcript 12 March 20 10, pp.
3724 8-37250 (ideological training included care of civilians, women and children); See also TF 1-371, Tran script
30 January 2008, pp. 2633-2634 (CS) (TF 1-371 never heard any direct order to indiscriminately kill civilians, or
a direct order to amput ate or mutilate civilians. It was not the policy at the formati on of the RUF in 199 I to
terrorise civilians); But see in contrast Issa Sesay, Tran script 5 Jul y 20 I0, p. 4360 I (Sesay testified that while at
Camp Naama, Sankoh critici zed Isaac Mongor for teaching the trainees that once they captured a town they
should divide the civilians into two groups and kill one of them in order to obtain the loyalty of the other group) .
5180 TF 1-579, Transcript 5 November 2008, pp. 19794 -19795.
807
18 May 201 2
2387 . The Accused testified that he supported the RUF in order to tight ULIMO and the
Sierra Leonean Government in Sierra Leone without having to tight ULIMO and the Sierra
Leonean army in Liberia.5181 The Defence suggests that this could be seen as a strategic
expansion creating a frontier buffer zone behind which the revolution in Liberia could be
518')
adequately protected." :"
Indeed, signiticant evidence was adduced showing that the
Accu sed 's main objective was to tight the Liberian insurgencygroup form ed in Sierra
Leone,51 83 along with the Sierra Leonean Government allegedly supporting them. 5184 This
common objective is not criminal per se.
Char les Ghankay Ta ylor, Transcript 14 Sept ember 2009, pp . 28692-28693; Transcript 15 September 2009 ,
pp. 28939-28940.
5182 Defence Final Trial Brief, para . 428.
5183 Exhibit P-277 (Co nfidentia l), p. 18 ("Despite President Taylor' s total involvem ent in the Sierra Leone cris is,
he had no territ ori al ambition in Sierra Leone. His main interest was material wea lth and to use the Sierra Leone
bord ers as buffer zones to forestall the efforts of dissident Lib erians United Defence Force, LUDF, which later
was transformed into United Liberian Movement for Democracy in Liberia, ULIMO"); Mohamed Kabbah,
Transcript 16 September 2008, pp . 16324-16325 (Mohamed Kabbah heard that NPFL assisted the RUF in orde r
to pu sh back the Sierra Leonean Government inland and that they would leave Sierra Leone afterward );
Augustine Mall ah, Transcript 12 November 2008, p. 20080 (ULIMO and Sierra Leonean were the enemies of
the RUF / NPFL); See also DCT -228, Transcript 19 Ma y 20 10 p. 41 250 (ULIMO was formed in Sierra Leone
and atta cked the NPFL from Sierra Leone); Moh am ed Kabbah, Transcript 16 September 2008 , pp. 16321-1 6325
(U LIMO was looking in Sierra Leone for Lib erians and Sie rra Leoneans of Mandingo ethnicit y in order to fight
NPFL); Moses Blah, Transcript 19 Ma y 2008, p. 10193 (ULI MO forces wer e mostly made up of former Doe ' s
suppo rters and ex-Liberian arm y so ldie rs); Daud a Arona Forni e, I December 2008 p. 21334 (" A group emerged
in 1991 from the Sierra Leo ne area which was fight ing against Mr Ta ylor [. . .] called ULIMO"); Hassan Bility,
13 January 200 9, p. 22468 ("ULIMO was composed of displ aced Liberians, many of whom were former Doe
supporters, form er Liberian soldiers "); Charles Ghanka y T aylor , Transcript 22 September 2009, p. 29317
(ULIMO was a group formed in Guinea and Sierra Leone comp osed primarily of former A FL soldiers und er
Doe ' s regime); Charles Ghankay Taylor, Transcript 14 January 20 10, pp. 33276-33277 (reading page 125 of the
Liberi an TRC final report volume 2: "A Mandingo faction Movement For the Redemption of Muslims -l'vlRMfounded by Alhaji Kromah and a Krahn facti on Liberia Unit ed Defence Force -LUDF- orga nise d by a UStrained Special Forces officer who was also once Doe's Mini ster of Defence and amb assad or to Sierra Leone,
Alb ert Karpeh, togeth er merg ed into the Un ited Liberati on Movem ent For Democracy - ULIM O - on Ma y 29,
1991" ); John Vince nt, Transcript 25 March 20 10, pp , 38033-3 8034 (" ULIMO forces were formed in Sierra
Leone, but they we re Liberians who were co ming back to fight aga inst the NPFL" ); DCT- 228, Transcript 19
May 2010 p. 41 236 (" ULIMO is an armed gro up that atta cked the NPFL fight ing to dethrone Mr Ta ylor");
Exhibi t P-031, " Repo rt for the Speci al Court for Sierra Leone, Charles Tayl or and the War in Sierra Leone,
Stephen Ellis, 5 December 200 6" , p. 7; Exhibit 0-026, "Submissions to the Sierra Leone Truth and
Reconciliation Commission, App endix 2, Statement by His Exce llency the President Alhaji Dr Ahmad Tejan
Kabb ah,4 August 2003 ".
5184 Va rmuyan Sherif, Transcript 10 January 2008 , pp. 965-966; Transcript 11 January 2008, pp. 1028-1 029
(Sherif was a former senio r memb er of ULIMO; He testified that ULIMO received assis tance fro m Sierra Leone
and Guinea); Co rrine Dutka, 22 Janu ary 2008 , p. 1905 (" Sierra Leone government used Liberian ULIMO rebels
to fight the Sierra Leone gov ernme nt's battle with the RUF. In exc hange for its ass istance ULIMO used Sierra
Leone as a back base for its war aga ins t the NP FL and on seve ra l occasions were j oined by Sierra Leone Army
so ld iers (SLA) who accompanied them on milit ary operations into Liberia") ; Moses Blah, Transc ript 19 May
200 8, p. 10192 (Sierra Leone Go vernment suppo rted ULIMO); Augustine Mallah , Transcript 12 November
2008 , p. 20080 (U LIMO and Sierra Leonean were the ene mies of the RUFINP FL) ; Dauda Arona Fornie. I
December 2008 p. 21334, 8 Decemb er 2008, p. 21989 ("ULIM O was fighting alongside with Sierra Leonean
Government"); TF 1-174, Transcript 28 January 200 9 p. 23811 (UL IMO operated from Sierra Leone) ; Charles
Ghankay Ta ylor , Transcript 25 November 2009 p. 32367 (Taylor received inform ation that ULIMO fighters
5181
808
18 Ma y 20 12
2388. In light of the foregoing, the Trial Chamber finds that crimes were committed by
NPFL soldiers during and after the invasion of Sierra Leone in 1991. However, in the Trial
Chamber's view, the evidence is insufficient for a finding that the Accused 's support for the
invasion of Sierra Leone was undertaken pursuant to a common purpose to terrorize the
civilian population.
Findings
2389. The Trial Chamber finds that the Prosecution failed to prove beyond reason able
doubt that in Voinjama in March 1991 , the Accused , Foday Sankoh and Dr Manneh together
with NPFL and R UF commanders held a meeting during which they planned and organised
the invasion of Sierra Leone in accordance with the strategy hatched in Libya and Burkina
Faso.
2390. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt
that the Accused supported the invasion of Sierra Leone.
2391. The Trial Chamber finds that the Prosecution has proved be yond reasonable doubt
that after the invasion, NPFL troops committed crimes against Sierra Leonean civilians.
2392. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable
doubt that the support of the Accused for the invasion of Sierra Leone was undertaken
pursuant to a common purpose to terrorize the civilian populati on of Sierra Leone.
5. Attack on Kono (November 199) to January 1993)
Submissions of the Parties
were armed by the Sierra Leonean government); John Vincent, Transcript 25 March 20 10, pp. 38033-38034
("ULIMO forces were formed in Sierra Leone, but they were Liberians who were coming back to fight against
the NP FL"); Martin George, Transcript 22 April 20 I0, pp. 39670-3967 1 (ULIMO j oined the government troops
of Momoh who gave them ammunition) ; DCT-228, Transcript 19 May 2010 , p. 4 1250 (ULIMO was formed in
Sierra Leone and attacked the NPFL from Sierra Leone); DCT-190, Transcript 25 June 20 10, p. 43467 (DCT190 testified that he was fighting against the RUF on behalf of ULIMO with the Sierra Leone governme nt);
Mohamed Kabb ah, Tr anscript 16 September 2008, p. 16324-16325 (Mohamed Kabbah heard that NPFL assisted
the RUF in order to push back the Sierra Leonean Governme nt inland and that they would leave Sierra Leone
afterward ); Dauda Arona Fornie, 8 December 2008, p. 2 1989 ("UL IMO alongside with the Sierra Leonean
Government was fighting against the RUF and the NPFL); Charles Ghankay Taylor, Transcript 25 Nove mber
2009 , p. 32367 (the purpo se was to tig ht also Sierra Leonean Governme nt which was supported ULIMO
fighters); Exhibit P-031, "Report for the Special Court for Sierra Leone, Charles Ta ylor and the War in Sierra
Leone , Stephen Ellis, 5 December 2006" , p. 7; Exhibit 0 -026, "Submis sions to the Sierra Leone Truth and
Reconciliation Comm ission"; Appendix 2, Statement by His Excellency the President Alhaj i Dr Ahmad Tej an
Kabbah, 4 August 2003 .
809
18 May 2012
2393 . The Prosecution alleges that from the very inception of the conflict in Sierra Leone ,
diam onds were looted from Sierra Leonean civilian and commercial companies in Pujehun
and Kailahun Districts and taken to the Accused. Foday Sankoh travelled from Sierra Leone
to Gbarnga taking looted diamonds to the Accu sed and the Accused rewarded Sankoh with
arms, ammunition and other supplies which Sankoh took back to Sierra Leone . 5185 The
Prosecution further submits that by mid-1992 , the Accused and Sankoh had formed a plan to
capture Kono District because it was a diamondiferous area. Sankoh subsequentl y explained
the plan to senior members of the RUF, including Sam Bockarie, Issa Sesay and Morris
Kallon . Sankoh explained to them that they should capture Kono to get more diamonds so
that they would be able to continue the war. 5186
2394. The Prosecution also submits that by late 1992, the Accused directed Sankoh to
capture the diamond mining area of Kono and supplied the arms and ammunition needed for
the mission. Sankoh brought back the looted diamonds to the Accused in exchange for arms
and ammunition to continue the RUF war effort . 5187
2395 . The Defence acknowledges that in the early years of the Sierra Leone conflict,
although the RUF was not engaged in organized mining, it nevertheless had diam onds in its
possession captured from civilians. The Defence submits that all these diamonds were
"gi ven to the RUF 's External Delegation for their sustenance in the Ivory Coast". 51 88 The
Defence contends that nothing in the Prosecution's evidence supports the assertion that the
Accused directed Sankoh to capture Kono .5189 Moreover, the Defence submits that evidence
suggesting that the acquisition of diamonds might also have underlined the JCE directly
contradicts other Prosecution evidence that Sankoh in fact discouraged diamond mining,
especially in the early years of the war. 5190
Evidence
Prosecution Witness TF 1-567
Prosecution Final Trial Brief, paras 344-345.
Prosecution Final Trial Brief, paras 86-88, 92.
5 187 Prosecution Final Trial Brief paras 92, 347-348.
5188 Defence Final Trial Brie f, paras 459-460, 792-793, 1204-1206.
5 189 Defence Response to Prosecution Final Trial Brief, para. 74.
5J'}O Defence Final Trial Brief para. 777. See also Defence Final Trial Brief, paras 792-793, 1208.
5185
5186
Case No.: SCSL-03-01-T
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18May2012
38903
2396. Witness TFI-567 testified that he accompanied Sankoh on two occasions to Taylor's
mansion in Gbarnga, Liberia, in 1991 and 1992, crossing the Sierra Leonean- Liberian border
and the NPFL checkpoints without any problem. During his first trip to Liberia in 1991,
Witness TF 1-567 did not see Taylor personally but was informed by Sankoh that Taylor
provided him with arms and ammunitions. TF 1-567 and Sankoh came back from Gbarnga
with a truck loaded with arms and ammunition.5 19 1
2397. TFI-567 testified that during his second trip with Sankoh to Gbarnga , in 1992,
Taylor provided the RUF with a truck loaded with food and other supplies. TFI-567 and
Sankoh escorted the truck to Bomi Hills, where they met RUF soldiers Philip Palmer, Pa
Moriba, Smiling P, and Sam Bockarie (a.k.a. Mosquito), as well as their commander, the
NPFL commander One Man One. There, Sankoh, One Man One and Philip Palmer held a
meeting during which they agreed that the RUF soldiers should go back to fight in Kailahun
district, which had been captured by Governmental forces.5 192
2398. After this meeting, TFI-567 and Sankoh returned to Gbarnga where Sankoh met
Taylor again. During the meeting, Sankoh and Taylor agreed to attack Kono as a priority
because Kono was a diamond mining area. In order to attack Kono, Taylor provided arms,
ammunition and food to Sankoh , which were loaded onto a truck from Taylor's mansion.
While they were at Taylor's mansion , TFI-567 saw Charles Taylor for the first time.
Witness TFI-567, Sankoh and Bockarie drove the truck back to Pendembu , Sierra Leone .5 193
2399. Three days after their return to Pendembu, Sankoh called a meeting that was
attended, among others , by Issa Sesay and Morris Kallon , during which Sankoh told the
RUF soldiers that they should capture Kono in order to get diamonds to buy more arms and
ammunition. Sankoh appointed Bockarie as commander of the attack on Kono. 5 194 Witness
TFI-567 testified that the fighters who went with Bockarie to attack Kono were composed
of both genders and ranged in age from fourteen upwards . Bockarie and his troops captured
Gandorhun and advanced on Koidu Town. Despite Bockarie's advice not to do so, Sankoh
moved to Koidu accompanied by Witness TFI-567. While there, Witness TFI-567
TF 1-567, Tran script 2 July
TF 1-567, Transcript 2 July
5193 TFI-567, Transcript 2 July
5194 TFI-567, Transcript 2 July
5191
5192
2008 , pp.
2008, pp.
2008, pp.
2008, pp.
12839-12844 .
12844-12851.
12852-12856 .
12857-12858 .
811
18May2012
personally saw , on two occasions, Bockarie giving Sankoh plenty of diamonds captured
f rom ClVl
. '1'tans duri
unng th e attac k s. 5195
2400. By late 1992 Sankoh left Koidu Town, leaving Witness TF 1-567 there to supervise
the distribution of rice and other materials to the RUF soldiers. Witness TF 1-567 heard from
Bockarie that Sankoh had been summoned by Taylor to Gbarnga. Sankoh sent a message to
Bockarie that Taylor had provided more arms and ammunition but that ULIMO had blocked
the road back to Sierra Leone, between Voinjama and Kailahun. Bockarie told Sankoh not to
worry, that he would get some men to go and clear the way to Kailahun. 5196 When Sankoh
finally arrived in Kailahun, he asked Bockarie to come and meet him. Witness TFl-567
joined Bockarie on his journey to Kailahun, during which they captured civilians along the
wa y to carry items that the RUF had looted from civilians.519? When Witness TFl-567 and
Bockarie arrived in Kailahun, Sankoh called a meeting. During this meeting, Sankoh said
that he had given some of the diamonds looted from Kono to Taylor, who in exchange
provided him with more arms and ammunition including RPGs, GPMGs and AK rounds.
These weapons were later distributed to the front lines. 5198
Prosecution Witness Perry Kamara
2401. Witness Perry Kamara, an RUF recruit, testified that in 1992, ULIMO attacked the
RUF troops forcing them to retreat to Pujehun and to cross the border with Liberia. Kamara
was among the RUF soldiers who crossed the border to take refuge in Kakata, Liberia.5199
Kamara testified that in early November 1992, during the parade, Isaac Musa, one of
Taylor's commanders, explained that Taylor had requested him to regroup all the RUF
soldiers of Kakata and the surrounding villages in order to allow Foday Sankoh to collect
them and bring them to Sierra Leone for "a very big mission" .5200 While Isaac Musa was
conveying this message, Sankoh, Taylor, his commanders and bodyguards arrived at the
parade in a convoy.5201 Foday Sankoh requested the fighters to return to Sierra Leone and
5195TF I-567, Tran script 2 July 2008 , pp. 12858-12863. (T FI -567 testified that he saw Bockarie giving Sank oh a
parcel of some IS bigger diam onds and some 5 sizeable diam onds on the first occasion and plenty on the
second).
51% TF I-567, Tra nscript 2 July 2008 , pp. 12863-12 865 (CS).
5197 T F I_567, Tran script 2 July 2008, pp. 12865-1 2866.
5198 TF I-567, Tran script 2 July 2008, pp. 12866-12867.
5199 Perry Kamara , Transcript 4 February 2008 , pp. 3033-3034.
5200 Perry Kamara, Transcript 4 February 2008, p. 3034 .
520 1Perry Kamara, Transcript 4 Febru ary 2008, p. 3034.
Case No.: SCS L-0 3-0 1-T
18 May 20 12
/1)
III
38Q05
explained that Taylor gave him trucks , arms and ammunitions.5202 Two hours later, trucks
carrying arms and ammunitions covered with bags arrived. The RUF fighters then boarded
the trucks and moved to Taylor's headquarters in Gbarnga. 5203 Kamara travelled with RUF
members including Commander Rashid Mansaray and some Liberians . In the first instance,
some men went to Libya, some to Pujehun District in Sierra Leone, and another group,
which Kamara moved with, went to Kakata. The first group, to which Kamara belonged,
moved to Kailahun and then was based in Pendembu.t''"
2402. Kamara further testified that in late 1992, Sankoh summoned a meeting in which he
told RUF soldiers that he had just returned from Liberia with ammunition and that during
this trip, Charles Taylor told him to use the ammunition to attack Kono in order to acquire
diamonds and money to buy more ammunition. Mohamed Tarawalli was appointed to lead
the attack on Kono. During the attack, the RUF captured diamonds , which were used to
purchase more weapons. Kamara testified that he personally saw diamonds in a big bottle
and US Dollars that Mohamed Tarawalli brought from Kono after the attack. 5205
Prosecution Witness TFI -168
2403. Witness TFI-168 was among the RUF soldiers in Pujehun District under the control
of One Man One after the invasion of Sierra Leone. He testified that when the NPFL and
RUF troops captured Pujehun District, diamonds were taken. The NPFLIRUF forces
captured the mining company MMC, killed its manager and captured its diamonds.
However, Sankoh did not want his soldiers to conduct rmrung operations since he
considered that such operations could make soldiers forget about war.5206
2404. TFl -168 testified that in 1992, Sankoh informed him that he had taken the diamonds
captured during the attack of Pujehun to his brother, Charles Taylor, in Gbarnga. On crossexamination TF 1-168 stated that he did not know if Sankoh was telling him the truth. 5207
Perry Karnara, Transcript 4 February 2008, p. 3035 .
Perry Kamara, Transcript 4 February 200 8, p. 3035 .
5204 Perry Kamara, Transcript 4 February 2008, p. 303 6.
5] 05 Perry Karnara, Transcript 4 Februa ry 2008 pp . 3045-3046.
5206 TF I- 168, Transcript 21 January 2009, pp . 231 80-23181 (CS); Transcript 26 January 2009 , pp . 23482-23483
(CS) .
5] 07 TFI-168, Transcript 21 January 2009, pp . 23180-23181 (CS) ; Tr anscript 26 January 2009, pp. 23482-23483
(CS) .
5202
5]03
8 13
Cas e No.: SCSL-03-01-T
18 May 2012
3~q06
2405. TFI-168 further testified that around August 1991, the RUF was pushed back to
Liberia by ULIMO. 5208 Subsequently, TFl-168 moved to Bomi Hills where he stayed until
the NP RC Coup in April 1992. 5209 In late April 1992, TF 1-168 travelled to Gbarnga.Y'" The
witness stated that during a meeting in Gbarnga around May/June 1992, Sankoh told his
senior officers including TF 1-168 , Ra shid Mansaray, Noah Kanneh and Pa Kallon that
Taylor was reducing his support to Sankoh's RUF without any reason. TF1-l 68 considered
that the fact that Sankoh was not bringing in precious minerals like diamonds tor Ta ylor
anymore was probably the explanation. Y' I In June 1992, after dis cussion with Taylor about
crimes committed by NPFL soldiers in Sierra Leone, Sankoh left Liberia, taking with him
arms and ammunition he obtained from Taylor. 52 12
2406. TF 1-168 further stat ed that in October 1992, Sankoh returned to Gbarnga and told
the RUF troops remaining in Gbarnga that his plan was to advance toward Kono District.
However, he told the troops en route from Kailahun to wait until he was also on the ground
in order to launch the attack. Sankoh used NPFL radios to conv ey messages to the RUF
troops while he was mobile.52 13
2407. TFI-168 testified that shortly aft er he left Gbarnga, he was arrested and detained on
Sankoh's order for insubordination. Around October/No vember 1992, during TFI-168 's
det ention, the RUF troops led by Sam Bockarie captured Kono, but lost it in late January
1993. 52 14
2408. TFI-168 testified that the RUF wanted to capture Kono District because it was one
of the two roads to Freetown but also because Kono was a diamondiferous area.5215
However, TF 1-168 considered that between 1991 and 1996 diamonds did not reall y play any
maj or role in the war because no organised mining was taking place. TF 1-168 stated that it
TF 1-168, Tran script 2 1 January 2009, pp . 23 180-23 186 (CS).
.
- TFI-1 68, Transcript
2 1 January 2009, pp. 23 184-23 19 1(CS) .
52 10 TFI-168, Transcript 2 1 Janua ry 2009, pp. 23 191-23 193(CS).
52 11 TFI -168, Transcript 23 January 2009, pp. 23443-23444 (CS).
5212 TF I- 168, Transcript 21 January 2009, pp. 232 14-23215 (CS).
52 13 TF I- 168, Tran script 21 January 2009, p. 23215 (CS).
5214 TF I-168, Transcript 21 January 2009, pp. 23222-23224 (CS).
52 15 TF I- 168, Transcript 2 1 Janua ry 2009, p. 23224(C S).
5208
5"09
Case No.: SCS L-03-0 1-T
<J~
18 May 20 12
was Sankoh who, confronted with the lack of support of his allies, decided to use diamonds
as a way of financing the purchase of weapons for the RUF struggle.
52 16
Prosecution Witness TFl-367
2409. Witness TFl-367, an RUF Vanguard, arrived in Koindu in the Kailahun District two
days after the NPFL invaded Sierra Leone. Witness TF 1-367 spent 3 months there, after
which he was sent by Sankoh to Gbamga where he was appointed ground commander of
Sankoh's house in Gbamga. 52 17
2410 . TFl-367 stated that while he was ground commander in Gbamga he accompanied
Sankoh on several occasions on trips from Gbamga, Liberia to Sierra Leone, during which
Sankoh brought the arms, ammunitions and condiments provided by Taylor to RUF troops
in Sierra Leone.52 l 8
2411. TFl-367 stated that in 1992, the RUF captured Koidu Town , Kono District, and
managed to keep control over it tor approximately 3 months before being pushed back by
ULIMO. The RUF re-captured Koidu Town in 1995 after TF 1-367 was appointed as
commander of this area. 52 19
2412 . In a prior statement to the Prosecution read by Defence Counsel during TFl-367's
cross-examination, TF 1-367 had said that during all this period, RUF was not mining but
seized diamonds and other precious minerals from civilians which were taken to Charles
Taylor in Gbamga. This was confirmed by the witness , TFl-367 himself escorted Sankoh
from Sierra Leone to Taylor's residence in Gbamga on a couple of occasions. The witness
confinned that he did not see the actual handover of diamonds from Sankoh to Taylor, but
he stayed with Taylor's bodyguards while Sankoh and Taylor entered a room together in
private. 5220
TFI-168 , Transcript 26 January 2009 , pp. 23483-23484 (CS).
TFI-367, Transcript 20 August 2008 pp. 14099-14102.
51 18 TFI-367, Transcript 20 August 2008 pp. 14103-14105.
51 19 TF 1-367, Transcript 20 August 2008 pp. 14108-14110 .
5110 TFI-367, Transcript 1 September 2008, pp. 15057-15059 .
51 16
51 17
'15/
18 May 2012
2413. In this prior statement, TFl-367 stated that he attended a meeting during which
Sankoh told Bockarie and 1ssa Sesay to continue to bring diamonds to Charles Taylor during
his absence. 522 1
2414. Witness TFl-371 , an RUF officer, testified that before 1996, the RUF did not
conduct mining operations in the areas they conquered. TF 1-371 heard from Sankoh that
even when the RUF conquered Kono district in 1992/1993, they merely washed the gravel
that the miners had already extracted to get diamonds without really mining. TF 1-371 stated,
however, that the NPFL commander of Bomi County, Oliver Vamey, conducted mining
operations at Zimmi border in 1991 when the RUF initially invaded Sierra Leone. 5222
Prosecution Witness Dauda Aruna Fomie
2415. Witness Dauda Aruna Fornie, an RUF radio operator, testified that during the 1992
rainy season , ULIMO captured Bomi Hills, forcing the RUF to retreat to the Liberian
border. Fomie was assigned by Sankoh to Kakata, Liberia. While he was there, Fomie heard
from Bockarie that Sankoh wanted the RUF soldiers present in the area to gather at the MP
headquarters in Kakata. Two days later, Sankoh came in a convoy with Charles Taylor. The
convoy was carrying various weapons including twin barrels. Sankoh alighted and spoke to
the RUF soldiers briefly, informing them that trucks would come to collect them to bring
them back to Sierra Leone. Fomie did not see Taylor because the door and the windows of
the vehicle remained closed, but Bockarie told Fomie that Taylor was in the vehicle. Fomie
testified that later a big three wiper [sic] Toyota truck was sent and brought around 70 RUF
soldiers to Kailahun, Sierra Leone passing through Gbamga. 5223
Prosecution Witness Foday Lansana
2416. Witness Foday Lansana, a senior RUF radio operator, testified that in 1992, after the
National Provisional Ruling Council (NPRC) overthrew the legitimate government of Sierra
Leone led by Joseph Saidu Momoh, the NPRC called for a ceasefire with the RUF which
511 1 TFI-367.
Transcript I September 2008, p. 15058.
5m TFI -371, Transcript 31 January 2008, p. 2769 (CS) .
5123 Dauda Aruna Fornie, Transcript 1 December 2008 , pp . 213 60-21371; Transcript 8 December 200 8, pp.
21993-21999 ; Transcript II December 2008 . pp . 22257-222 58.
816
Case No.: SCSL -03-01-T
~
18 May 2012
was observ ed for a whil e. Later, however, the ceasefire was broken by the Guinean and
Nigerian contingents of the NPRC. During the attacks, the RUF captured a large quantity of
arms and ammunition. 5224
24 17. Foday Lansana testified that after the attack , Sankoh contacted Taylor over the radio
and informed him that he had captured heavy artillery. Sankoh told Taylor that he could not
use the artillery because he had no ammunition and that he would need light weapons.
Taylor told Sankoh to come to Gbarnga with the artillery in his posse ssion to exchange it for
light weapons and ammunitions. Lansana stated that he was the radio operator for this
con versation and that , as such, he heard the entire conversation. 5225
2418. Foday Lan sana further testifi ed that , as a result of the conversation, Sankoh left
Pendembu for Gbarnga. Around mid-1992, Sankoh returned to Pendembu with a large
quantity of arms and ammunition. Upon Mr Sankoh's return , Mohamed Tarawalli , Sam
Bockarie, Issa Sesay and Morris Kallon were instructed to go to Koidu , Kono District in
order to attack government troops and conquer the area because it was a diamond rich
mining area. Lansana did not participate directl y in the operation but was aware of the
evolution of the operation when transmitting the radio reports sent by Mohamed Tarawalli to
Sankoh. Lansana testified that the operation went smoothly but that the RUF was chased out
of Koidu into Pendembu at the end of 1992. 5226
Prosecution Witne ss AlbeIt Saidu
24 19. Witness Albert Saidu testified that Captain Ben, whom he knew becaus e they had
been captured together in Bunumbu and taken for training,5227 came from Kono with
diamonds sewn into his trousers in the belt area. 5228 Captain Ben showed the witness the
place where the diamonds were sewn and told the witness that he was taking the diamonds
to Foday Sankoh. 5229 Saidu testified that Captain Ben took the diamonds to Sankoh, and that
he "felt" that Sankoh then took the diamonds to Charles Taylor. 523o The witness clari fied
Foday Lansana, Transcript 20 February 2008, pp. 4392-43 93.
5225 Foday Lansana, Transcript 20 February 2008, pp. 4393-4395.
5221 Albert Saidu, Tran scrip t 4 June 2008, p. 10907.
5228 Albert Saidu, Transcript 4 June 2008 , p. 10912.
5229 Albert Saidu, Trans cript 4 June 2008, pp. 10912-10913.
5230 Albert Saidu, Transcript 4 June 2008, p. 10914.
5224
8 17 /
18 May 2012
36910
that he felt that way because "that's where he used to go to bring ammunition for us to
fight". 5231 Captain Ben also told the witness about his travels to Liberia, and said that they
used to bring back arms and ammunitions from Liberia for the revolution. 5232
Prosecution Witness TF1-338
2420. Witness TF1-338 testified that Sankoh used to go to Taylor's mansion in Gbamga
and return to Kailahun in Sierra Leone with arms and ammunition. TF1-338 himself
travelled twice as a security accompanying Foday Sankoh to Taylor's mansion in Gbamga.
5233
Prosecution Witness Stephen Ellis
2421. Expert witness Stephen Ellis testified that at the beginning, the Sierra Leonean
conflict was primarily about political and social matters. However, in the late 1990s the
control of diamonds became a key factor in the hostilities because participants were able to
use the profits from diamonds to fuel the continuation of the war. 5234 According to Ellis,
there were reports of RUF rebels smuggling diamonds from Sierra Leone to Liberia as early
as 1991. The expert witness noted that the Sierra Leone TRC identified three phases of the
Sierra Leonean war that is 1991-1994, 1994-1997, and the period after 1997. According to
the witness, it was only during the latter period that the diamond trade expanded. 523 5
The Accused
2422. The Accused testified that from August 1991 until May 1992 he provided small
amounts of arms and ammunition to Foday Sankoh and the RUF with the strategic purpose
of having the RUF fight ULIMO in Sierra Leone, so he would not have to fight them in
Liberia. ULIMO had been armed by the Sierra Leonean Government. 5236 The Accused stated
that he only provided the RUF with ammunition and not big weapons; the NPFL did not
have a strategic partnership with the RUF to enable the RUF to gain military power in Sierra
Leone. The Accused explained that he deliberately under-supported Sankoh. As a result, in
5231
5232
5233
5234
5235
5236
Albert Saidu, Transcript 4 June 2008, p. 10914.
Albert Saidu, Transcript 4 June 2008, p. 10914.
TFI-338, Transcript 2 September 2008, pp. 15107-15108, 15200-15201 (PS).
Stephen Ellis, Transcript 16 January 2008, pp. 1438-1440.
Stephen Ellis, Transcript 16 January 2008, pp. 1470-1471.
Charles Ghankay Taylor, Transcript 14 September 2009, pp. 28692-28693; Transcript 15 September 2009,
18 May 2012
3g9ft
May 1992 Foday Sankoh wrote a letter expressing his disappointment, to which the Accused
responded that he did the best he could do . After May 1992, the links between Sankoh and
the Accused were severed and the Accused stopped providing arms and ammunition. 523?
2423. The Accused also denied having discussed with Foday Sankoh the capture of Kono
as alleged by the Witness TFI_567. 5238 The Accused recalled that there was no link between
the NPFL and RUF after May 1992.5239 The Accused denied receiving diamonds or anything
from Foday Sankoh, Sam Bockarie or Issa Sesay.5240 The Accused further denied that his
motivation for stopping the provision of materiel to Sankoh was because he expected to
. diramon d s. 524\
receive
2424. The Accused testified that he routinely visited Kakata. However, he did not recall
any instances when the RUF was repelled by ULIMO and had to retreat to Kakata. In any
event, there were no RUF soldiers in Liberia around November 1992 since the NPFL had
split with the RUF at that time .5242 He also denied Perry Kamara's testimony that he, Taylor,
gave a message to Musa to collect all the RUF in Kakata and take them to Sierra Leone for a
·
. . 5243
b ig mIsSIOn.
Defence Witness Issa Sesay
2425.
Witness Issa Sesay testified that after April 1992, when the NPFL left Sierra Leone,
NPFL troops took their arms and ammunition with them. As a consequence the RUF was
short of weapons. In order to get arms and ammunition, the RUF set ambushes and traded
with Guineans. This continued from 1992 until the RUF joined the AFRC in 1997. 5244
2426. Issa Sesay further stated that Charles Taylor did not provide any weapons to RUF
after he withdrew his troops in April 1992. There was no communication between Sankoh
pp. 28939-28946.
Charles Ghankay Taylor, Tran script 14 September 2009, pp. 28694-28699, Tran script 15 September 2009,
pp. 28947-28953 .
5238 Charles Ghankay Taylor, Transcript 14 September 2009 , pp. 28694-28699.
5239 Charles Ghankay Taylor, Transcript 14 September 2009, pp. 28706-28707.
524 1 Charles Ghankay Tayl or, Transcript 15 September 2009, pp. 28944-28946.
5244 Issa Sesay, Transcript 26 July 2010, pp. 44621-44623 ; Transcript 17 August 2010, pp. 46463-46464.
5237
819
Case No .: SCSL-03-01 -T
18 May201 2
and Taylor during this time. Sesay would have known if this were the case since he was
based in Kailahun from 1991 to 1997.5245
2427. Issa Sesay denied that the RUF sent to Taylor the artillery it had captured, as
recounted by Foday Lansana. Sesay testified that the artillery captured was used by the
RUF. 5246 Sesay submitted that he was in a better position to know since he was on the front
lines while Foday Lansana was not. 5247
Defence Witness Sam Kolleh
2428. Witness Sam Kolleh, an RUF Vanguard, testified that around August/September
1991, the government troops and ULIMa attacked the RUF troops, forcing them to retreat
to the border between Sierra Leone and Liberia and to take refuge in the bush, where they
created "jungles". 5248
2429. Kolleh stated that, while he was in the bush, Sankoh assigned him to be a transporter.
As such, Kolleh transported letters from the different RUF Jungles to Sankoh's headquarters
in Zogoda. 5249 On three occasions between 1994 and 1995, Sankoh also asked Kolleh to
transport diamonds to Issa Sesay. Kolleh testified that the diamonds were captured during
ambushes. After Kolleh took the diamonds to Kailahun to Issa Sesay, Kolleh and Sesay
moved to the Guinean border where they gave the diamonds to members of the External
Delegation Fayia Musa, Deen-Jalloh and Philip Palmer. Kolleh never transported any
diamonds to Liberia, and he did not know whether the RUF provided Taylor with
diamonds. 525o
Defence Witness Martin George
2430. Witness Martin George testified that in late 1992 or early 1993, Sankoh ordered Sam
Bockarie to launch an attack on Kono to capture the diamond mining area from Momoh's
soldiers because it was the government stronghold and a place which could support the
5245
5246
5247
5248
5249
5250
Issa Sesay, Transcript 26 July 2010, pp. 44623-44624.
Issa Sesay, Transcript 12 August 2010, p.46115-46116.
Issa Sesay, Transcript 12 August 2010, p. 46117.
Sam Kolleh, Transcript 1 November 2010, pp. 48376-48380.
Sam Kolleh, Transcript 1 November 2010, pp. 48390-48394,48398-48401.
Sam Kolleh, Transcript 1 November 2010, pp. 48394-48398,484324.
820
/
~
18 May 2012
RUF. 525 1 George stated that when the Kono attack was successful, the RUF began looking
for diamonds. They did not dig mines but rather instructed civilians to wash gravel to find
diamonds. When diamonds were found, the mining commander gave them to Foday Sankoh,
who was also in Kono. The witness was not there himself and did not know what Foday
Sankoh did with the diamonds. 5252
Defence Witness Fayia Musa
2431 . Witness Fayia Musa, an RUF officer, testified that after Operation Top Final and the
withdrawal of the NPFL from Sierra Leone, the position of the RUF in terms of weapons
was bad. 5253 After Top Final , Sankoh never returned to Liberia; he was disappointed by
Charles Taylor, who had promised to provide him support but failed to do so. Sankoh made
it clear that from that point the RUF should rely on its own resources to run the
campaign.5254
2432 . Fayia Musa testified that, in late 1992 and early 1993, things were becoming really
difficult for the RUF . The RUF forces had been pushed into the Kissi Teng chiefdom while
the rest of the country had been recaptured by government troops. The RUF was
surrounded.5255 Fayia Musa stated that Sam Bockarie used his military creativity and a trick
called 'Poro sound' in order to make the government soldiers believe that they were
surrounded and being attacked by a large number of RUF soldiers. The ploy worked and the
government soldiers retreated to Pendembu, leaving behind guns and ammunition.Y'"
2433 . The RUF used these weapons to conquer more territory. In December 1992, the RUF
captured Kono .
However, the RUF was only able to stay in Kono until January 1993
because of looting and because the government forces pushed hard to kick the RUF out ,
suspecting that if the RUF stayed long enough they would engage in mining. 5257
2434. Fayia Musa stated that between 1991 and March 1996 the RUF did not engage in
diamond mining. Indeed, from the first day the RUF captured Kono , Sankoh prohibited the
Martin Georg e, Tran script 22 April 20 10, pp. 39696-3969 8.
5252 Martin Georg e. Tran script 22 April 20 10, pp. 39698-39700.
5253 Fayia Musa , Trans cript 14 April 2010, pp. 38913-38915 .
5254 Fayia Musa, Transcript 14 April 20 10, p. 38915.
5255 Fayia Musa , Transcript 14 April 20 10, p. 38924.
5256 Fayia Musa, Transcript 14 April 2010, p. 38925.
525 7 Fayia Musa, Tran script 14 April 20 10, pp. 38925-38926 .
525 1
18 May 20 12
3SQf4
mining. Nevertheless, the government forces did not let the RUF stay in Kono long enough
to engage in mining. However, Fayia Musa testified that diamonds abandoned by the miners
of Kono were captured by the RUF. 5258 Fayia stated that the diamonds captured during the
attack on Kono were taken to Sankoh in Kailahun, where he kept them until he left to start
the peace process in Abidjan. The diamonds were then given to Ms. Isatu Kallon, an RUF
procurement officer. 5259
Defence Witness Charles Ngebeh
2435. Witness Charles Ngebeh, an RUF recruit, testified that in 1992 Captain Strasser and
his NPRC forces overthrew the APC government. Strasser announced that he would not
negotiate with the RUF and that he would push them out of the country. 5260 Shortly after
this announcement, Sam Bockarie attacked Gandorhun. During the attack, the RUF captured
a lot of ammunition, as well as two grenade launchers. 5261 Ngebeh also stated that in June or
July 1992, on his way to attack Kono, Sam Bockarie's troops captured a war tank with
ammunition from the NPRC that enabled the RUF to capture Kono. Ngebeh denied that the
RUF received any materials from Liberia and testified that the struggle was entirely selfreliant. 5262
Defence Witness OCT-025
2436. Witness DCT-025, an RUF soldier in charge of stores of supplies and weaponry,5263
testified that Foday Sankoh did not leave Sierra Leone in 1992. At times Sankoh went to
Pendembu or Mobai, but he always returned to Kailahun afterwards. Witness DCT-025
never heard of Sankoh going to Gbarnga to see Taylor during this period and bringing back
food, arms and ammunition. Similarly, Witness DCT-025 was not aware of the RUF mining
for diamonds and had not seen Sankoh with diamonds during this period. 5264
Prosecution Exhibit P-018
5258
5259
5260
526\
5262
5263
5264
Fayia Musa, Transcript 14 April 2010, pp. 38927,38938.
Fayia Musa, Transcript 14 April 2010, p. 38928.
Charles Ngebeh, Transcript 22 March 2010, pp. 37780-3778l.
Charles Ngebeh, Transcript 22 March 2010, pp. 37781 - 37782.
Charles Ngebeh, Transcript 22 March 2010, p. 37785.
DCT-025, Transcript 18 March 2010, pp. 37536-37538.
DCT-025, Transcript 16 March 2010, pp. 37299-37300; Transcript 18 March 2010, pp. 37532-37538.
822
/
-~/.
:
18 May 2012
2437. Exhibit P-018 is the Report of the Panel of Experts establi shed pursu ant to Security
Council Resoluti on 1306 . Paragraph 67 of the Report states as follo ws:
The Revolu tionary United Front initiated the war in 1991. Until 1995, RUF diamond
mini ng and digging was probably done on a spo radic and individual basis. By 1995,
however, the RUF and its patrons were clearly taki ng a much grea ter interes t in the
diamond fi elds of Kono D istrict, and had to be removed force fully at that time by the
private military co mpa ny, Executive O utco mes . From then on, the RUF interest in
diamonds became more focused, espe cially with the 1997 impriso nme nt of Foday Sanko h
in Nigeri a. During his imprisonment and subsequently, the diamond areas of Kono and
Tongo Field became a primary military focu s of the RUF , and diam ond mining became a
. fu d . .
. 5265
major n -raism g exe rcise,
2438. Exhibit P-065 is a letter from RUF leader Foday Sankoh to Charles Taylor, dated 5
May 1992. In the letter Foday Sankoh thanked Charles Taylor for his offer of boxes of AK47 ammunition and ten boxes of RPG rocket s but states that what was offered was not
enough to carr y out "Operation Capture Daru". In the letter, Sankoh asked Taylor to increase
the amount to 20 boxe s ofA K-47 ammunition and 12 RPG rockets plus some Beretta round s
and states that this would sustain the RUF "while awaiting the long term supply that you
have promi sed US" .5266
2439 . Exhibit P-497 is Volume Two of the Report of the Sierra Leone Truth and
Reconciliation Commission. Paragraph 130 of Volume Two of the Report states:
The RUF was responsible for the first sustained assa ult on Koi du Town, Kono District, from October 1992
until February 1993. This assa ult result ed in a spa te of violations agai nst local resid ents including the kill ing of
Chiefs , government offi cia ls, businesspersons and memb ers of the Lebanese co mm unity.5267
2440. Exhibit P-498 is Volume Three of the Report of the Sierra Leone Truth and
Reconciliation Commission. Paragraph 49 of Volume Three of the Report states:
The Commission's research dem onstrates that the RUF co uld not have earned all the money
attributed to it in offic ial report s from contlic t diamonds alone. Except for a brief period in
1992 when the RU F occ upied Koidu, the headquarters of the diamond-rich Kono District, it
Exhibit p-o 18, " Report of the Panel of experts es tablished pursuant to Security Co uncil Resolution 1306" , p.
16 (para. 67).
5266 Exhibit P-065 , " Letter from Foday Sankoh to Char les Taylor" , 5 May 1992 .
5267 Exhibit P-497, "Report of the Sierra Leone Truth and Reconcil iation Commission-V olum e Two" , para. 130.
5265
Case No. : SCSL-03-01-T
18 May 20 12
38016
did not have access to the major diamond-producing areas of the country until 1995, when
it occupied Koidu again for four months before being driven out by Executive Outcomes.
RUF's diamond pickings in those areas could not have constituted the colossal amounts
reflected in the literature. Figure I shows that, except in 1986, Belgian imports of diamonds
from Liberia have always outstripped those from Sierra Leone. Yet Liberia is not reputed to
have substantial diamond deposits and does not have gemstone-quality diamonds. The
conclusion to be drawn from the above tables and Figure I is that diamond smuggling
within the axis of Guinea, Sierra Leone, Liberia and Cote d'Ivoire has been going on for
more than 30 years, with Liberia being the principal conduit. This would suggest that those
involved in diamond smuggling had developed networks and contacts in Liberia, which
facilitated their smuggling and export of diamonds from within the region. Even in 1990,
before the war in Sierra Leone started, Liberia exported more than 5 million carats of
diamonds. 5268
Defence Exhibit 0-1230
2441. Exhibit 0-1230 is a photo of a long-range artillery gun which was given to the
NPFL by Foday Sankoh. It came from Sierra Leone in late 1991 or early 1992.5269 Taylor
testified that this gun was donated to him by the RUF. The picture was taken during its
delivery. 5270
Deliberations
2442. It is undisputed that after June 1991 the Accused provided the RUF with arms and
ammunition.Y" However, while the Defence submits that the cooperation between NPFL
and RUF stopped entirely after the withdrawal of NPFL forces from Sierra Leone around
May/June 1992,5272 the Prosecution contends that even after the withdrawal the Accused
continued to provide the RUF with materiel in exchange for diamonds. The Prosecution
submits that by mid-1992 the lull in the supply of diamonds from the RUF to the Accused
corresponded to the diminution of materiel from the Accused to the RUF. 5273
2443. In this context the Prosecution, relying on the testimony of Witness TFI-567, alleges
that during a meeting in Obarnga in November 1992, the Accused and Sankoh formed a plan
Exhibit P-498, "Report of the Sierra Leone Truth and Reconciliation Commission-Volume Three," para. 49.
Exhibit D-123G, Photograph-DP 7 "Marked and signed by Charles Ghankay Taylor."
5270 Charles Ghankay Taylor, Transcript 22 July 2009, pp. 24999-25003.
5271 See Prosecution Final Trial Brief, para. 88; Defence Final Trial Brief, paras 428, 815; See also Charles
Ghankay Taylor, Transcript 20 July 2009, p. 24811; Transcript 14 September 2009, pp. 28692-28693; Transcript
15 September 2009, pp. 28939-28940.
5272 Defence Final Trial Brief paras 428, 430.
5273 Prosecution Final Trial Brief para. 348.
5268
5269
18 May 2012
to attack Kono in order to get diamonds. 5274 The Trial Chamber notes that the Prosecution
also alleges that the Accused directed Foday Sankoh to capture Kono District. 5275
2444. The Trial Chamber will first assess the evidence regarding an alleged provision of
diamonds in exchange of arms and ammunition, before turning to the evidence regarding the
Accused's alleged involvement and support in the attack on Kono in late 1992.
Provision ofdiamonds in exchange ofarms and ammunition in 1991-1992
2445. Evidence from both Prosecution and Defence witnesses shows that during the
invasion of Sierra Leone, RUF soldiers captured diamonds from civilians and companies.Y'"
Witness TFl-367 testified that he accompanied Foday Sankoh on several trips from
Gbarnga, Liberia, to Sierra Leone, in which Sankoh brought arms, ammunition, and
condiments provided by Taylor to RUF troops in Sierra Leone. 5277 In a prior statement to the
Prosecutor, affirmed in his testimony under cross-examination, Witness TFl-367 said that
diamonds seized from civilians were taken by Sankoh to Taylor in Gbarnga and that the
witness himself escorted Sankoh on a couple of these tripS.5278
2446. With regard to Witness TFl-367's general credibility, the Trial Chamber notes that
he provided generally clear and comprehensive evidence. The Trial Chamber does not
consider the witness's apparent confusion as to the date he became mining commander in
5279
Kon0
to be detrimental to his overall credibility. Under cross-examination, TFl-367's
Prosecution Final Trial Brief para. 86.
Prosecution Final Trial Brief para. 348.
5276 TFl-168, Transcript 21 January 2009 (CS), pp. 23180-23181 (testified that when the NPFL and RUF troops
captured Pujehun District diamonds were captured. Thus the NPFL / RUF forces captured the mining company
MMC, killed its manager and captured its diamonds); TFl-367, Transcript 1 September 2008 p. 15042 (In 1992
the RUF obtained their diamonds from the houses of civilians); TFl-567, Transcript 2 July 2008 pp. 1286112862 (TFl-567 saw Mosquito giving diamonds to Sankoh. Mosquito explained that his troops got these
diamonds when they attacked the town and when they searched civilians we took these diamonds from them);
Sam Kolleh, 1 November 2010, p. 48434 (Kolleh testified that the diamonds he gave to Issa Sesay for the
External Delegation came from ambushes when the war was advancing).
5277 TFl-367, Transcript 20 August 2008, pp. 14103-14105.
5278 TFl-367, Transcript 1 September 2008, pp. 15057-15059.
5279 Throughout his testimony, the witness gave evidence suggesting he had become mining commander at
various dates between the end of 1997 and December 1998. See TFl-367, Transcript 20 August 2008, pp.
14158-14161: in examination-in-chief, TFl-367 testified that he was appointed "at the end of '97 to the
beginning of '98" at a time when ECOMOG was in control of Koidu Town. The Trial Chamber recalls that
ECOMOG regained control in around April 1998 [Military Operations: Operation Fitti-Fatta] and that it was
retaken by the troops commanded by Issa Sesay in December 1998 [Military Operations: Freetown,
Implementation of the Plan]; TFl-367, Transcript 21 August 2008, pp. 14297-14298: the witness testified to
being appointed at the end of 1998, "because when [Johnny Paul Koroma] was molested Charles Taylor received
the information so he called upon him to go to Monrovia", The Trial Chamber recalls that the incident to which
5274
5275
825~
18 May 2012
testimony remained consistent although the Defence raised a number of inconsistencies with
his prior statements. In that regard, the witness openly admitted that large parts of his first
statement to the Prosecution were untrue 5280 but the Trial Chamber accepts his explanation
that he was motivated to lie by fear of arrest by the Special Court.528I The Trial Chamber
finds the remaining inconsistencies to be generally minor5282 and is largely satisfied by the
explanations TFI-367 provided, particularly in view of the consistency with which the
witness maintained his in-Court testimony. The Trial Chamber therefore finds TF 1-367 to be
generally credible and will consider further issues relating to his credibility in context as
they may arise.
2447. While TFI-367 was the only witness who testified that he was with Sankoh when
Sankoh took diamonds to the Accused during this period, the Trial Chamber notes that his
evidence is corroborated by Witnesses TF 1-168 and TF 1-567, both of whom testified that
Sankoh told them that diamonds were brought to the Accused. 5283 Witness TFI-168 stated
that he was unable to tell if Sankoh was telling the truth. 5284 Witness TFI-567 testified that
he saw Bockarie give Sankoh plenty of diamonds captured from civilians 5285 and that at a
meeting called by Sankoh, Sankoh said that he had given some of the diamonds looted from
Kono to the Accused in exchange for arms and ammunition. 5286
2448. On the basis of this evidence, the Trial Chamber concludes that Sankoh gave
diamonds to the Accused. The Trial Chamber notes, however, that the evidence does not
he was referring, the confiscation of diamonds from Johnny Paul Koroma, took place around March 1998
[Diamonds: Alleged Delivery of Diamonds to the Accused]; TFI-367, Transcript I September 2008, pp. 1504115043: he agreed to a date of December 1998 proposed by Defence Counsel; TFI-367, Transcript 28 August
2008, pp. 14905-14906: The witness denied a prior statement placing his appointment in December 1998, saying
he did not recall the month.
5280 The witness was cross-examined on his first prior statement at TF 1-367, Transcript 28 August 2008, pp.
14879-14926. See in particular TFI-367, Transcript 28 August 2008, pp. 14879-14884, 14926.
5281 TFI-367, Transcript 28 August 2008, pp. 14879-14884. See also TFI-367, Transcript 21 August 2008, p.
14276: the witness explained that after Issa Sesay et al had been arrested, there were rumours that anybody who
had been in the RUF would be arrested.
5282 See for example TFI-367, Transcript I September 2008, pp. 15025-15029 regarding whether, as recorded in
his prior statement, TFI-367 travelled to Monrovia with Bockarie two or three times or, as he testified, TF 1-367
went to Liberia two or three times but to Monrovia only once.
5283 TFI-567, Transcript 2 July 2008, pp. 12866-12867; TF 1-168, Transcript 21 January 2009, (CS), pp. 2318023181.
5284 TFI-168, Transcript 26 January 2009, pp. 23482-23483 (CS).
5285 TFI-567, Transcript 2 July 2008, pp. 12858-12863 (TFI-567 testified that he saw Bockarie giving Sankoh a
parcel of some 15 bigger diamonds and some 5 sizeable diamonds on the first occasion and plenty on the
second).
5286 TF 1-567, Transcript 2 July 2008, pp. 12866-12867.
826~
18 May 2012
conclusively establish that these diamonds were given to the Accused in payment for arms
and ammunition. In his letter to Taylor, dated 5 May 1992, Foday Sankoh did not mention
any kind of payment - including diamonds- in exchange for the support he was seeking from
the Accused.5287 The Trial Chamber recalls also that significant eviden ce has been adduced
showing that the Accused 's main reason to support the R UF during the early years of the
Sierra Leonean war was his desire to avoid fighting ULIMO in Liberia.5288 Moreover,
Witness TFI-168 testified that between 1991 and 1996 diamonds did not playa major role
in the Sierra Leonean war. 5289
2449. In the Trial Chamber's view the evidence adduced, and in parti cular the alternative
explanation for the Accused 's support to the RUF, in the interest of fighting ULIMO,
suggests that during the early years of the invasi on the pro vision of materiel by the Accused
to the RUF was not necessaril y in exchange for diamonds, although the deli very of
diamonds to the Accused may have been one consideration among oth ers.
The Accused 's alleged involvement and suppo rt in the attack ofKono in late 1992.
2450. Witness TFI-567's testimony that at a meeting Sankoh and Taylor agreed to attack
Kono because Kono was a diamond mining area 529U is corroborated in part by Perry Kamara.
The Trial Chamber recalls its findings that both TF 1-567 and Kamara are generally credible
witnesses.V"' Kam ara testified that in early November 1992, during a parade in Kakata,
Exhi bit P-065 , letter from Foday Sankoh to Charles Ta ylor dated 5 May 1992.
5288 Charles Ghankay Taylor, Transcript 14 Sept emb er 2009 , pp. 286 92-2 8693; Transcri pt 15 September 2009 ,
pp. 2893 9-28 940 (Taylor testified that fro m August 1991 until May 1992 he pro vided sma ll amounts of arm s and
anun unition to Fod ay Sankoh and the RUF in orde r to fight ULIMO and the Sierra Leonean Government in
Sierr a Leone to avoid having to fight ULIMO and the Sierra Leonean army in Liberi a); Exhibit P-277
(Co nfi dential), p. 18 ("Despite Pres ident Ta ylor' S total invo lvement in the Sierra Leone crisis, he had no
territ orial ambition in Sierra Leone. His main interest was material wealth and to use the Sie rra Leone borders as
bu ffer zones to forestall the effo rts of dissident Liberi ans United Defen ce Force, LUDF , which later was
transformed into United Liberian Movement for Dem ocracy in Liberia, ULIMO"); Mohamed Kabbah ,
Tra nscript 16 September 2008, pp. 16324-1 63 25 (Kabba h heard that NPFL ass isted the RUF in order to push
back the Sierra Leone an Govern ment inland and that they wo uld leave Sierra Leone afterward ); Dauda Aruna
Forni e, I December 2008 , p. 2 1334 (" A group emerge d in 1991 from the Sierra Leone area which was fight ing
aga inst Mr Ta ylor [.. .] called ULIMO") ; DCT- 228, T ranscript 19 May 20 I0, p. 41 250 (UL IMO was form ed in
Sierra Leone and attac ked the NP FL from Sierra Leone); Hasan Bili ty, 13 January 2009 , p. 22468 (" ULIMO was
compos ed of displ aced Liber ians, man y of wh om were forme r Doe suppo rte rs, forme r Liberian soldi ers");
Char les Ghankay Taylor, T ransc ript 22 Sept emb er 2009, p. 293 17 (ULIMO was a group form ed in Guinea and
Sierra Leone compose d prim arily of formers AF L so ld iers und er Doe's regim e) ; DCT- 228, T ranscript 19 May
20 10 p. 41236 ("ULIMO is an armed group that atta cked he NP FL fighting to dethrone Mr Ta ylor" ).
5289 TF 1-168, Transcript 26 Ja nuary 2009, pp. 23483-23484 (CS).
5290 TFI-567, Transcript 2 July 2008, pp. 12852-12856.
529 1 Cred ibility Assessment , TF 1-567, paras 313-317; Cred ibility Assessment, Perry Kam ara, paras 227-236.
5287
827
Case No. : SCSL-03-0 1-T
18 Ma y 20 12
3SQ;;' D
Liberia, he saw Sankoh , Taylor, his commanders and bodyguards arriving in a convoy.5292
Sankoh said that Taylor had given him trucks , arms and ammunition 5293and after bringing
back these materials to Sierra Leone, Sankoh called a meeting of RUF soldiers at which he
said that Charles Taylor had told him to attack Kono in order to acquire diamonds and
money to buy more ammunition. Witness TF1-567 testified that Bockarie was appointed to
lead the attack on Kono, while Kamara testified that Mohamed Tarawalli was appointed to
lead the attack,5294 but apart from this detail, the witnesses corroborate each other on the fact
that around November 1992, in Gbamga, Taylor provided Sankoh with arms and
ammunitions to attack Kono.
2451. Witness TF1-567's account is further corroborated by Dauda Aruna Fornie who
testified that while he was in Kakata, Sankoh told the RUF soldiers that trucks loaded with
ammunitions would come to collect them to bring them back to Sierra Leone . While Kamara
saw Taylor, Fornie testified that he did not see Taylor because the door and the windows of
the vehicle remained closed , but he said Bockarie informed him that Taylor was inside the
vehicle.5295
2452. Foday Lansana also corroborates the account of these witnesses in his testimony that
Sankoh returned from Gbarnga to Pendembu with a large quantity of arms and ammunition
and that upon his return, Mohamed Tarawalli, Sam Bockarie, Issa Sesay and Morris Kallon
were instructed to go to Koidu, Kono District in order to attack government troops and
conquer the area because it was a diamond rich mining area. 5296 While Lansana placed this
event in mid-1992 his account corresponds in all other respects to the other witnesses'
testimony and the Trial Chamber therefore accepts this evidence.
2453 . In light of the evidence, the Trial Chamber does not accept the blanket denials of the
Accused 5297 and of Issa Sesay that there were no links between the NPFL and RUF after
May 1992 or the blanket denial , made also by Charles Ngebeh, 5298 that no materiel was sent
Perry Kamara , Transcript 4 February 2008, p. 3034.
5293 Perry Kamara , Trans cript 4 February 2008, p. 3035.
5294 Perry Kamara , Transcript 4 February 2008, pp. 3045-3046.
5295 Dauda Aruna Fornie, Transcript 1 December 2008, pp. 21360-213 71; Transcript 8 December 2008, pp.
21993-21999; Transcript 11 December 2008 , pp. 22257-22258.
5297 Charles Ghankay Tay lor, Transcript 14 September 2009, pp. 28694-28699, 28706-28707; Transcript 15
September 2009, pp. 28939-28940.
5298 Charles Ngebeh, Transcript 22 March 2010, p. 37785.
5292
82~
18 May 20 12
to the RUF after this time. Moreover, the Trial Chamber does not find credible the
Accused's denial of having received diamonds from Sankoh . Defence witness Sam Kolleh
testified that he did not know whether the RUF provided Taylor with diamonds. Defence
Witness Martin George testified that diamonds found after the successful attack on Kono
were given to Sankoh, and he said he did not know what Sankoh did with the diamonds. 5299
Fayia Musa's testimony that diamonds from Kono were given by Sankoh to Isatu Kallon
does not in the Trial Chamber' s view negate the possibility that diamonds were also given
by Sankoh to the Accused. In the Trial Chamber's view, the testimony of these Defence
witnesses does not raise any doubt that the Accused was involved in the attack of Kono by
providing arms and amm unitions to Sankoh .
2454. Finally, regarding the Accused's involvement in the decision to attack Kono, the
Trial Chamber notes that Witness TFI-567 testified that Sankoh and Taylor had agreed or
"arranged" to capture Kono 530o while Perry Kamara testified that Taylor told Sankoh to
capture Kono. 530 1 The Trial Chamber recalls that none of the witnesses was present durin g
Sankoh ' s meetin g with Taylor. As their testimonies are unclear and inconsistent on Taylor 's
exact role in the decision to attack Kono, the Trial Chamber is unable to determin e what this
role was. The Trial Chamber further notes that Witness TFI -168 testified that around
October 1992, Sankoh went to Gbamga in order to explain to the RUF troops remaining in
Gbamga that his plan was to advance towards Kono District. 5302 This testimony of Witnes s
TF 1-168 therefore suggests that the plan to attack Kono was made before Sankoh' s trip to
Gbamga.
Ma rtin George, Transcript 22 April 2010, pp. 39698-39700.
TF 1-567, Transcript 2 Jul y 2008 p. 12854 (" We ll he told him that he and his brother had arra nge d tha t this
was the time that they we re to capture Kono, because Kono was a d iamond minin g area and that they should try
and ca pture there. Later Charles Taylor gave the arm s and am munition. Q. And what type of arms and
amm uni tion -- JUD GE LUSS ICK : Well I am sorry to interrupt, but it is j us t that I don't und erstand that last
answer. Th e answer was "We ll, he told him that he and his brother ..... It looks as though there is a third per son
in there so mewhere. MS HO LLIS: T hank you, your Hono ur, I will clarify that: Q. Mr Witness , you said that
Fo day Sanko h went to his bro ther Charles T aylor and "... he told him that he and his bro ther had arra nge d th at
was the time that they were to ca pture Kono" . Now whe n you say , "... he told him that he and his broth er had
arra nged .." ., who told whom ? A.
Well he was trying to talk to us that he and his bro ther , he and Charles
Taylor, have arranged that Charles Taylor was to help with anus and amm unition to go and capture Ko no
because Kono had diamonds. Q . Just to be abso lutely clear, when you say, "He and Charles Taylor", who is the
"he"? A. Foday Sanko h") .
5.101 Perry Kamara, Transcript 4 Fe brua ry 2008 p. 3046 ("T he RUF leadership summoned a meeting and that was
Foday Sankoh. He sa id he j ust returning back from Mr Taylor and now he said he is there to organise us so that
we will use this ammunition to attack Kono so that we will be able to get diam onds and mon ey that will help us
to get more ammun ition . T hat was what he said Taylor told him . So he sent Moham ed Ta rawalli on that
particular mission. Luc kily for Moh amed Tarawalli he succeeded") .
5299
5300
829
Case No .: SCSL-03-0 1-T
/
18 May 20 12
2455 . The Trial Chamber considers that it has insufficient evidence to determine when and
where the decision was made to attack Kono . It can only be concluded on the basis of the
evidence adduced that the Accused and Sankoh discussed the decision to attack Kono, not
that Taylor ordered it or planned it with Sankoh.
2456. Finally, turning to the motivation behind the Kono attack , the Trial Chamber heard
substantial evidence establishing that the presence of diamonds was indisputably one
motivation behind the attack. 5303 However this was not the only motivation. For example,
Witness TFl-168 testified that the RUF wanted to capture Kono District because it was a
diamondiferous area but also because it was a strategic road to Freetown.5304 Furthermore,
the evidence on record shows that while in control of Kono, the RUF did not try to start
mining operations. 5305 Expert witness Stephen Ellis testified that it was only during the later
1990s that diamonds became a key factor in the hostilities. In the Trial Chamber's view, this
failure to start mining operations suggests that the acquisition of diamonds was not the
primary purpose of the attack on Kono, although it notes the evidence that diamonds were
seized from civilians when Kono was captured.5306
Findings
2457 . The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt
that, around November 1992, the Accused provided Sankoh with arms and ammunition for
an attack on Kono.
2458 . The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt
that during this time the Accused received diamonds from Sankoh.
2459. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable
doubt that in 1992 the Accused and Sankoh formed a common plan to capture Kono, or that
the Accused directed Sankoh to capture Kono, because it was a diamondiferous area.
TFl-168, Tran script 21 January 2009 , p. 23215 (CS).
See for example TFl-5 67, Transcript 2 July 2008, pp. 12852-12856.
5304 TFl-168, Transcript 2 1 January 2009, p. 23224 (CS).
5305 See for example TFl-1 68, Transcript 21 January 2009, pp. 23180-23181 (CS) ; Transcript 26 January 2009,
pp. 23482-23483 (CS); TFl-3 67, Transcript 1 Septemb er 2008 pp. 15057-15059 .
5306 See for example TFl-367, Transcript 1 September 2008 pp. 15057-15059.
5302
5303
18 May 20 12
6. Alleged RUF Assistance to Fight ULIMO in Liberia
Submissions of the Parties
2460. The Prosecution alleges that throughout the conflicts in Liberia and Sierra Leone,
Taylor made free use of his proxy force, the RUF. Specifically, the Prosecution submits that
in 1993, at Taylor's direction, Sankoh sent RUF personnel under the command of Morris
Kallon to Liberia to tight with Taylor's NPFL against ULIMO. Kallon was tasked to open
the way to Gbarnga and get materiel from Taylor. The attempt was unsuccessful and Kallon
returned to Sierra Leone from Liberia in about 1994 via Guinea, without arms or
ammunition. 5307
2461. The Defence concedes to a mutual pact between Taylor and Sankoh to neutralise
ULIMO. 5308 It submits however that this cooperation stopped after Operation Top Final and
the withdrawal ofNPFL forces from Sierra Leone. 5309
Evidence
Prosecution Witness Perry Kamara
2462. Witness Perry Kamara, an RUF radio operator.r '" testified that in 1993 the RUF
supply route was blocked by ULIMO. Taylor asked Sankoh to send a group in order to fight
ULIMO there. Accordingly, Mr Kallon led a group to Liberia and attacked ULIMO
positions in order to enable the RUF to access supply routes to Taylor's headquarters. 5311
2463. Witness TFl-567, an RUF member,5312 testified that in 1993, ULIMO captured the
areas of Kailahun, Foya, and Voinjarna, blocking the routes of the RUF to Liberia. Witness
TFl-567 testified that during a meeting Sankoh explained that Charles Taylor suggested to
Prosecution Final Trial Brief, para. 384.
Defence Final Trial Brief, para. 779.
5309 Defence Final Trial Brief, paras 343, 431, 778,1237-1239. See also Defence Response to the Prosecution
Final Trial Brief para. 84 ("Para. 384 is pre-Indictment and thus is Rule 93 evidence, which the Trial Chamber
should not accept. In any event, Morris Kallon returned to Sierra Leone without arms or ammunition, so it is
unclear how Taylor could be responsible under aiding and abetting when there was no substantial assistance
actually given").
5310 Perry Kamara, Transcript 4 February 2008, p. 3039.
5311 Perry Kamara, Transcript 6 February 2008, p. 3272.
5307
5308
831
18 May 2012
389;24
him that he should send som e soldiers from Sierra Leone in order to get more arms and
ammunition. Accordingly, Foday Sankoh selected some RUF Liberian soldiers, including
Morris Kallon , and asked them to go to Liberia. Morris Kallon and his men left but never
managed to pass through the border. The bord er was closed until 1998, cutting off the road
of communications between the RUF and NPFL.5313
Prosecution Witness Isaac Mongor
2464. Witness Isaac Mongor, an RUF Commander.V'" testified that around 1993, ULIMO
occupied Voinjama in Liberia. Sankoh called Mongor and told him that Taylor asked him to
send RUF troops in order to repel ULIMO troops from Voinjama. Mongor left for Voinjama
and fought together with NPFL troops. Together the NPFL and RUF managed to capture
Voinjama from ULIMO.5315
2465. Mongor testified that while he was fighting in Voinjama, Kallon and his men ,
together with NPFL troops, also fought ULIMO but could not dislodge them . Kallon
planned to take a bypass to go to Gbamga, but all his men were killed. Morris Kallon was
the only one who survi ved that attack. 5316
Prosecution Witness TF 1-168
2466. Witness TFI-1 68, an RUF officer,5317 testified that by January/February 1993
ULIMO had spread into Lofa County in Liberia, threatening the supply route to Gbamga.
Witness TF1-168 said that Sankoh informed him that the RUF received a message to send
RUF troops to Mendekoma going towards Voinjama, in order to help NPFL troops to stop
ULIMO from closing the route to Gbamga. Most of the Liberian vanguards volunteered to
go on that mission under the command of Morri s Kallon . Witness TF 1-168 testified that the
TF I- 567, Transcript 2 July 2008, p. 12833; Transcript 4 July 2008, pp. 12986-12988 (PS).
TFI -567 , Tran script 2 July 2008, pp. 12867-12868.
5314 See for example: Isaac Mongor, Transcript II March 2008, pp. 5749-5750 , 5760-5764; Transcript 31 March
2008, pp. 6204-620 6. 6224-6225; Transcript 3 April 2008, pp. 65 12-65 13, 6551-6556, 6613-6615.
5315 Isaac Mongor, Transcript 10 March 2008, pp. 5677-5679.
53 16 Isaac Mongor, Transcript 10 March 2008, pp. 5681-5683.
5317 TFI-168, Transcript 22 January 2009, pp. 23275-2 3282 (CS).
53 12
53 13
Case No.: SCSL-(H-OI-T
18 May 20 12
38925
mission failed and the supply route to Gbamga was completely cut off. None of the men
except Morris KaBon retumed. 5318
Prosecution Witn ess Albert Saidu
2467 . Witness Albert Saidu , an RUF adjutant from 1991 to 200 1,53 19 testified that before
April 1992, the border between Liberia and Sierra Leone was still open . However, after the
NPRC led by Strasser King overthrew Momoh's government, ULIMO intensified their
attacks and the RUF lost Kono and were pushed back to the Koindu border, cutting the
supply road between Sierra Leone and Liberia. 532o
2468. Albert Saidu testified that before the border was cut off Morris Kallon entered
Liberia with RUF soldiers to bring back ammunition, but he was still in Liberia when
ULIMO took over the border. Around 1993, Morris Kallon and his men, together with
NPFL soldiers, tried to open the border but failed to do so. Albert Saidu testified that RUF
lost fighters during the fight but that Morris Kallon managed later on to reach the RUF
territory, passing through Guinea. 5321
Prosecution Witness Jabaty Jaward
2469. Witness Jabaty Jaward, an RUF soldier based in Pendembu,5322 testified that after the
invasion of Sierra Leone, RUF arms and ammunition and food supplies were coming from
the NPFL territory in Liberia. Jaward used to see Foday Sankoh passing through Pendembu
from Gbamga in trucks loaded with arms and ammunition. 5323
2470 . Jaward stated that in 1993, ULIMO conquered the border betw een Sierra Leone and
Liberia, cutting off the RUF suppl y route from Liberia. Before the border was completely
closed in November 1993, Sankoh sent a group of fighters led by Morris Kallon across the
border to go to Gbamga tor arms and ammunition, during which time they were cut off.
5318 TFI
-168, Tr anscript 2 1 Janua ry 2009, pp . 23226 -23227 (CS).
Albert Saidu , Transcript 4 June 2008 , p. 10895.
5320 Albert Saidu, Transcript 4 June 2008, pp. 10934- I0936.
5321 Albert Saidu, Transcript 4 June 2008, pp. 10936- 10939.
5322 Jabaty Jaward, Tran script 9 July 2008, pp. 13306, 13332 ; Transcript 10 July 200 8, p. 13383.
5323 Jabaty Jaward, Tran script 9 Ju ly 2008 pp. 13261- I3263.
5319
833
Case No.: SCS L-03-0 1-T
18 May 20 12
-~

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