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DATE=09/28/00

TYPE=CORRESPONDENT REPORT

TITLE=U-N-SIERRA LEONE COURT (L ONLY) CQ

NUMBER=2-267515

BYLINE=BRECK ARDERY

DATELINE=UNITED NATIONS

CONTENT=

VOICED AT:

/// EDS: CHANGING DAY OF THE WEEK TO THURSDAY IN INTRO///

INTRO: U-N Secretary-General Kofi Annan says there should be no amnesty for war crimes committed in Sierra Leone despite the amnesty provisions in the 1999 peace agreement for Sierra Leone. VOA Correspondent Breck Ardery reports on Mr. Annan's recommendations for an international war crimes court for Sierra Leone announced today (Thursday) in New York.

TEXT: In a report to the U-N Security Council, Mr. Annan says the court should have jurisdiction over war crimes committed in Sierra Leone since November of 1996. That means crimes committed before July of 1999, when a peace agreement was reached in Lome, Togo, would be subject to prosecution in the international court, despite an amnesty provision in the Lome agreement.

Ralph Zacklin, the top U-N legal officer, says the amnesty provision in the Lome agreement was a deal between the government of Sierra Leone and the rebel Revolutionary United Front. He says the United Nations recognizes no amnesty for crimes against humanity.

Mr. Zacklin told reporters one of the most difficult decisions the Secretary-General had to make was what to do about those accused of committing war crimes while under the age of 18. There has been widespread use of child soldiers in Sierra Leone. Mr. Zacklin says a decision was made to prosecute those who are accused of committing crimes between the ages of 15 and 18, but with special trial safeguards.

///ZACKLIN ACT///

Such juveniles could be brought before the court but their trials would have to be separated from the trials of adults. The court will have to establish a special juvenile chamber. The children will be given due process protections, their identities would be protected and so forth. They would also be given psychological counseling and other forms of assistance in the process.

///END ACT///

Mr. Zacklin says that, as with other U-N tribunals, there would be no death penalty for juveniles or adults convicted by an international court in Sierra Leone.

The Secretary-General is recommending that the trial court be composed of two international judges and one from Sierra Leone.

The recommendations on how to structure the Sierra Leone war crimes court were developed after extensive consultations with the government of Sierra Leone, as well as with human rights groups and child welfare organizations.

Now, the U-N Security Council will review the Secretary-General's report and decide what changes, if any, it will make to his recommendations.(Signed)

NEB/UN/BA/LSF/FC/KBK