Prosecuting International Crimes in Africa - PULP - University of ...

140 Chapter 5
Santigie Borbor Kanu was sentenced to a single term of imprisonment of
50 years for all the counts he was found guilty of by the Trial Chamber.
In the CDF case, Moinina Fofana was convicted on four counts each
carrying a prison term. The minimum prison sentence imposed in respect
of each count was three years with the maximum being six years. The
Chamber then ordered that Fofana serve a total term in prison of six years
with the term calculated as from the 29 May 2003. Allieu Kondewa was
convicted on five counts, each carrying a term of imprisonment. The
minimum sentence imposed in respect of each count was five years with
the highest sentence being eight years. The total term of imprisonment for
Kondewa was eight years and calculated as from 29 May 2003.
The sentences passed by the SCSL Trial Chambers are certainly based
upon the factors that are employed by the Statute of the SCSL and the
Rules of Procedure and Evidence. The practices of other ad hoc
international criminal tribunals have also played a role in the sentencing
practice of the SCSL. What is not clear, though, is whether the sentences
passed by the SCSL were at all informed by those of the ICTY and the
ICTR. This is evidenced by the Chambers’ limited discussion on the
sentences passed by other ad hoc tribunals, perhaps fortifying the Brima
defence’s argument that those sentences passed by the ICTR were of
limited value to the SCSL in its determination of appropriate sentences.
5 The contribution of the Appeals Chamber in the
sentencing practice of the SCSL
The Appeals Chamber’s role in the sentencing practice of the SCSL has
been somehow limited, understandably so, because of the nature of the
rules of appellate review that guide the court. On appeal, pursuant to
article 20 of the Statute and Rule 106 of the Rules of Procedure and
Evidence (Rules), 147 only arguments relating to errors in law that
invalidate the decision of the Trial Chamber would merit consideration. 148
As regards errors of fact, the Appeals Chamber will only overturn the
decision of the Trial Chamber where no reasonable trier of fact could have
reached the same finding or where the finding is wholly erroneous. 149
With regard to procedural errors, although not expressly provided for in
article 20 of the Statute, not all procedural errors can render the
proceedings a nullity. 150
147 Rule 106 Rules of Procedure and Evidence, Special Court for Sierra Leone, 12 April
2002 (as amended 19 November 2007); Fofana Appeal judgment para 32.
148 As above.
149 Prosecutor v Kupreškić (Case IT-95-16-A), Appeal judgment para 30; Prosecutor v
Ntakirutimana (ICTR-96-10-A & ICTR-96-17-A), ICTR Appeals Chamber judgment 13
December 2004 para 12 (Ntakirutimana Appeal judgment).
150 CDF Appeal judgment paras 34-36.