Prosecutor vs. Fofana and Kondewa (CDF Case)

Case 14: The Prosecutor vs. Fofana and Kondewa (CDF Case)

Three alleged leaders of the former Civil Defence Forces were indicted separately on 8 counts of war crimes, crimes against humanity, and other serious violations of international humanitarian law.

Sam Hinga Norman was indicted on 7 March 2003. Moinina Fofana and Allieu Kondewa were indicted on 26 June 2003.

On 28 February 2004 the Trial Chamber ordered the joint trial of Norman, Fofana and Kondewa, and on 5 March prosecutors issued a consolidated indictment.

The CDF trial began on 3 June 2004. On 14 July 2005, the Prosecution concluded its case. On 20 September, Trial Chamber I heard oral arguments on Defence Motions for Acquittal. The Court handed down decisions on those motions on 21 October.

Testimony in the Defence case began on 20 January 2006 and ended on 18 October. Final arguments from the parties were heard on 28 and 29 November 2006. On 22 February 2007 indictee Sam Hinga Norman died of natural causes while in Dakar for medical treatment and the case against him was closed.

The case of The Prosecutor vs. Moinina Fofana and Allieu is now complete. Fofana has not appealed his judgment, but is a respondent to the Prosecution appeal. He is represented by Wilfred Davidson Bola Carol. Allieu Kondewa is represented in his appeal by Yada Hashim Williams.

The Appeals Chamber delivered its Appeal Judgment on 28 May 2008.

Indictment

Consolidated indictment and a summary of the charges.

Timeline

7 March 2003
Sam Hinga Norman, Minister of Internal Affairs and former Deputy Minister of Defence, indicted.

26 June 2003
Moinana Fofana and Allieu Kondewa indicted.

28 February 2004
The Trial Chamber orders a joint trial of the three accused. On 5 March the Prosecution files a joint indictment.

3 June 2004
The Prosecution opens its case in Freetown.

14 July 2005
The Prosecution concludes its case. 75 Prosecution witnesses, including 3 experts, gave evidence during five trial sessions.

19 January 2006
The Defence opens its case. The first Defence witness was the First Accused, Sam Hinga Norman, who testified on his own behalf.

18 October 2006
Defence concludes its case after calling 44 witnesses.

28-30 November 2006
Closing arguments take place before the Judges of Trial Chamber I.

22 February 2007
Sam Hinga Norman dies in Dakar, Senegal.

21 May 2007
Trial Chamber terminates proceedings against Sam Hinga Norman.

2 August 2007
Trial Chamber Judgment. Judgment in the trial of The Prosecutor vs. Moinina Fofana and Allieu Kondewa. Fofana is found guilty on Counts 2, 4, 5 and 7. Kondewa is found guilty on Counts 2, 4, 5, 7 and 8. The Trial Chamber ruled that the Prosecution had not proved the necessary elements to convict on crimes against humanity.

9 October 2007
Sentencing Judgment. Fofana is sentenced to a term of imprisonment of 6 years and Kondewa to eight years, minus time served.

28 May 2008
Appeal Judgment. The Appeals Chamber, by a majority, overturns Kondewa's conviction on Count 8 (enlistment of child soldiers, and convictions for both Fofana and Kondewa on Count 7 (collective punishments). The majority of the Judges entered new convictions on Counts 1 and 3. The majority sustained convictions on Counts 2 and 4 and increased the sentences. Fofana is now sentenced to a total of 15 years and Kondewa has been given a 20 year sentence.

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