By Joseph Lamin Kamara
The first convicted war criminal eligible for Conditional Early Release by the Residual Special Courts for Sierra Leone (RSCSL) Thursday begged for acceptance back into society.
Moinina Fofana was sentenced to 15 years in jail as part of the trial of the people who bear the greatest responsibility for serious violations of international laws and Sierra Leonean law during the country`s civil war. He was flown in to the country early in the day, after his appeal for early release was approved last year.
Fofana was the Director of War for the Civil Defence Forces (CDF). He was arrested in May 2003 and later convicted by the UN-backed Special Court for Sierra Leone (SCSL), the predecessor of the Residual Court.
At least 50, 000 people were killed and over two million displaced. Hundreds if not thousands had one or both of their limbs amputated by rouge members of the army and rebel forces during the course of the 11-year unrest.
A total of 22 people were indicted, including former Liberian warlord-turned President, Charles Taylor. They faced charges of war crimes and crimes against humanity, including murder, rape, forced labour, and pillage.
Fofana was found guilty for charges including murder, cruel treatment and pillage, which are violations of Article 3 common to the Geneva Conventions and of Additional Protocol II. He was also convicted for murder and inhumane acts, which are crimes against humanity.
Conditions for release
Fofana becomes the first war crimes convict to be accorded Conditional Early Release, according to the Special Court in a statement on its website.
“I pity the war victims,” he said at a special press briefing at the Court`s building on Thursday, thanking the government and people of Sierra Leone for giving him the opportunity to return home.
“I’m happy to be back in my country... I want them [Sierra Leoneans] to accept me as their brother,” added the war criminal who worked as a fisherman before his involvement in the civil conflict.
Fofana should officially complete his sentence in May 2018.
He has served almost 12 years of the 15 years at the Mpanga Prison in Rwanda, representing two-thirds of the total term and making him eligible for consideration for early release. In August 2014, RSCSL President Justice Philip Nyamu Waki granted an application by the former CDF director.
Thursday`s occasion was meant to explain to the public the conditions under which he was being released to his home country. These include him serving the remainder of his sentence in his hometown, in this case Bo, in the south of the country.
Fofana will not be in a prison cell; he will live with his family. However, his movement will somehow be restricted and he will be under strict monitoring by the local police and the community.
Binta Mansaray, Registrar of the Residual Court, said the conditions of Fofana`s release had already been pronounced to him at the initial stage of his conviction and that the court was satisfied with his conduct in prison, leading to this decision
“His behaviour has been good in prison,” Mansaray said.
According to the court`s registrar, Fofana was brought back home because he had agreed that, among other things, he would still be a prisoner, but would only now serve his sentence back home. His community, which includes the civil society, will be part of the monitoring. Even the Paramount Chief of Fofana’s community had agreed to observe and report on him, Mansaray said, adding that if the Monitoring Authority was not satisfied with his conduct, he knew he would be returned to Rwanda.
According to a prepared statement handed out to journalists, Fofana himself acknowledged that during his remainder sentence he must abide by a number of conditions, including regular reporting to a Monitoring Authority which includes the local police in Bo. He is also forbidden to reveal the identity of witnesses who testified against him during his trial, and neither he nor his supporters may intimidate or interfere with witnesses who testified before the Special Court.
Risk of Ebola
Fofana was arrested alongside Allieu Kondewa and Sam Hinga Norman for similar crimes. But Norman, who was founder and head of the Kamajor group, died in detention even before the trials commenced.
The court’s Trial Chamber initially convicted Fofana for six years in prison but the Appeals Chamber ruled that the Trial Chamber had erred in its finding that Fofana’s “fighting on the side of the government was a mitigating circumstance in his sentencing.” His sentence was then increased to 15 years.
Sierra Leone is currently battling with an outbreak of the Ebola virus which has claimed over 3000 lives among over 24, 000 cases in West Africa. Bo district has recorded 314 cases of the disease, but since mid January there has been no reported case there.
The risk of contracting the disease was explained to Fofana and his option to remain in Rwanda. But he chose his home.
© Politico 13/03/15
