Monday March 29, 2004
The original order to freeze the assets of Sam Hinga Norman was contained
within the arrest warrant of 7 March 2003, as follows:
“To identify and locate assets owned by the Accused located within
the territory of any State and adopt provisional measures to freeze
such assets without prejudice to the rights of third parties.”
The Prosecutor asked the Registrar to act on this on 16 February 2004. The
Registrar then wrote a letter to the Attorney-General and all banks in
Sierra Leone requesting accounts in the name of Sam Hinga Norman be frozen.
On 16 March, defence counsel drew to the attention of the Registrar that
his client could not obtain any money whatosever.
The Registrar responded immediately, requesting a financial plan from the
defence counsel for a workable solution for Mr Hinga Norman to obtain money
for his family.
The Registrar is still waiting to receive the financial proposal.
THE SPECIAL COURT AGREEMENT, 2002, (RATIFICATION) ACT, 2002:
PART V?ORDERS OF SPECIAL COURT
Orders of Special Court
20. For the purposes of execution, an order of the Special Court shall
have the same force or effect as if it had been issued by a Judge,
Magistrate or Justice of the Peace of a Sierra Leone court.
Execution of orders
21. (1) Any person executing an order of the Special Court shall comply
with any direction specified in that order.
(2) Notwithstanding any other law, every natural person, corporation, or
other body created by or under Sierra Leone law shall comply with any
direction specified in an order of the Special Court.
(3) Without prejudice to the generality of subsection (1), any person
executing an order of the Special Court shall deliver forthwith any books,
documents, photographs, tangible objects or other physical objects seized
during the execution of that order into the custody of the Special Court.
(4) If a person to whom an order of the Special Court is directed is
unable to execute that order, he shall report forthwith the inability to
the Special Court and give the reasons therefor.
Forfeiture orders of Special Court
22. (1) When a forfeiture order issued by the Special Court is executed
and property, proceeds or assets are delivered to the State, the Minister
of Internal Affairs shall?
(a) if a use is specified in the forfeiture order, use the property,
proceeds or assets according to that use; or
(b) if no use is specified in the order, either?
(i) use the property, proceeds or assets for a purpose aimed at addressing
the consequences of the armed conflict in Sierra Leone between 1991 and
2002; or
(ii) sell such property, proceeds or assets as may be sold and deposit the
amount realised together with any money forfeited under the forfeiture
order into the War Victims Fund established pursuant to the Lome Agreement.
(2) The Minister of Internal Affairs shall make such regulations as are
necessary to give effect to subsection (1).
Peter C. Andersen
Deputy Chief of Press and Public Affairs,
Special Court for Sierra Leone
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