The Principal Defender
The Acting Principal Defender is Elizabeth Nahamya. Before joining the Special Court, Ms. Nahamya worked as a Legal Officer with the Chambers Division of the International Criminal Court for Rwanda for eight years. She worked as a Private Practitioner within the national jurisdiction of Uganda prior to joining the international arena. Ms. Nahamya has practiced with various Law Firms in her country. She has also served as a Criminal Law Lecturer at various universities outside her country.
The Defence Office
The Special Court’s creation of a “fourth pillar”, in the form of a Defence Office headed by the Principal Defender, is an innovation in the structure of International Courts. It ensures the rights of suspects and accused persons, providing a counterbalance to the Prosecution. The Office has implemented measures to attract only experienced, competent and honest counsel, so as to comply with the human rights principle that adversary trials should manifest an “equality of arms”, which is a reasonable equivalence in ability and resources of Prosecution and Defence.
While other International Tribunals have administrative bodies to deal with the Defence, none has a permanent institution within the Court entrusted with “ensuring the rights of suspects and accused”, as is set out in Rule 45 of the Special Court’s Rules of Evidence and Procedure.
The Office of the Principal Defender became effectively functional in February 2003, when its first attorneys took office. Thereafter, additional Legal Officers/Duty Counsel and Defence Advisors were installed. In March 2004, the Special Court Principal Defender was appointed.
On 10 March 2003, when five Accused were transferred into the custody of the Court, the Office, through its Duty Counsel, offered initial legal advice and legal representation to them. These tasks were subsequently undertaken with all five additional Accused indicted before the Special Court. Given his state of health, the Office also continued to represent Foday Sankoh up to the withdrawal of the indictment against him, following his death in July 2003.
A list of highly qualified, experienced counsel willing to be assigned to indigent suspects and accused persons was prepared and continues to be updated. By the end of December 2003, this list included the names of over 70 lawyers from over 15 different nationalities. The list also includes the names of over a dozen Sierra Leonean lawyers with experience in criminal law.
After the assignment of counsel to the Accused, members of the Office of the Principal Defender engage in oversight of defence teams. The Office monitors trials, and provides advice and substantive assistance to, all teams in the preparation of their cases, from research on legal issues, to arguments on matters of common interest, to vetting the provision of expert witnesses, consultants and investigators, and liaising with various governments and other entities on matters of judicial cooperation. Pursuant to Rule 45 of the Rules of Evidence and Procedure, attorneys in the Principal Defender’s Office may also appear in Court as counsel.
Throughout its existence, the Principal Defender’s Office has interacted with different units within the Registry, OTP and Chambers, on issues affecting the rights and detention conditions of the Accused. The Office also interacts on matters affecting fair trial for the Accused, including the development of the Code of Conduct for Counsel and consultations on other Practice Directives to be adopted. The Office has also represented the interests of the Defence in plenary sessions organised by the Judges of the Special Court.
The Office of the Principal Defender, additionally liaises with diplomatic communities and NGOs, keeping them abreast of developments. The Office engages in outreach activities in cooperation with the Court’s Outreach Office and listens to the Sierra Leonean people, and, to the extent possible, answering their questions. The Office has an important role in educating the community about the Defence, the presumption of innocence, the burdens and standards of proof, and the rights of the accused.