S/PV.6163
6163rd meeting
Thursday, 16 July 2009, 10 a.m.
New York
The situation in Sierra Leone
Mr. Gouider (Libyan Arab Jamahiriya) (spoke in Arabic): I join previous speakers in expressing our appreciation to Justice Renate Winter, President of the Special Court for Sierra Leone, and to Mr. Stephen Rapp, Prosecutor of the Special Court. I also welcome the presence among us of the representative of Sierra Leone.
We thank the Special Court for Sierra Leone for its endeavours, as described today by its President and its Prosecutor, whom we thank for their briefings and for the exceptional work they, the other judges and the Court staff have done. There is no doubt that history will record their role in enriching international criminal and humanitarian law in a number of important ways.
Like those given yesterday to the Security Council Committee on Sierra Leone, today’s briefings outlined the Court’s activities, which indicate that there has been palpable progress towards fulfilling the completion strategy in keeping with the principles of due process, fairness and respect for the rights of indictees. We support measures adopted by the Court and its Management Committee, in particular those adopted so far this year. Such measures include amending the Rules of Procedure and Evidence, providing support to Court staff and updating the timeline for trials and appeals.
In the light of the briefings and the Secretary-General’s letters, we believe that in spite of that progress it is important for States in a position to do so to take concrete measures to provide financial and human-resources support for the Court. That is a matter of urgency given the Court’s current difficult financial situation.
We attach high value to the Court President’s comments on the Court’s relationship with the Sierra Leone judicial and legal system, and on its impact on that system. In discussing ad hoc courts, my country has always advocated building national judicial capacity. We reaffirm that today with a view to enabling national judicial bodies to continue the proceedings of all ad hoc courts when those courts have completed their work, with full commitment to the principles of due process and fair trials. That would guarantee respect for the principle of equality and would entrench the rule of law in the States concerned. It would also ensure State ownership of court archives, whose importance transcends the actual proceedings and involves the history of the States concerned and the process of national reconciliation. The situation has changed, and the national judiciaries of States in which such crimes have been committed and where evidence and witnesses are available are capable of professionally handling all unresolved issues, with the support and assistance of the international community.
Our concern that the Special Court for Sierra Leone complete its work in line with the completion strategy — a concern shared by the Court — places upon us the responsibility to enable the Court to decide as soon as possible on measures with respect to legacy issues, through a mechanism with defined tasks and resources.
