Gilbert Samuth Kandu-Bo, Khemalai Idrissa, Tamba Gborie, Alfred Abu Sankoh, Hassan Karim Conteh, Daniel Kobina Anderson, John Amadu Sonica Conteh, Abu Bakarr Kamara, Abdul Karim Sesay, Kula Samba, Victor L. King, and Jim Kelly Jalloh v. Sierra Leone, Communications Nos 839, 840 & 841/198, U.N. Doc. CCPR/C/64/D/839, 840 & 841/1998 (4 November 1998).
Distr. RESTRICTED*
CCPR/C/64/D/839, 840 & 841/1998
4 November 1998
Original: ENGLISH
HUMAN RIGHTS COMMITTEE
Sixty-fourth session
19 October - 6 November 1998
VIEWS
Communication N 839, 840 & 841/1998
Submitted by: Gilbert Samuth Kandu-Bo, Khemalai Idrissa, Tamba Gborie, Alfred Abu Sankoh, Hassan Karim Conteh, Daniel Kobina Anderson, John Amadu Sonica Conteh, Abu Bakarr Kamara, Abdul Karim Sesay, Kula Samba, Victor L. King, and Jim Kelly Jalloh
Alleged victims: The authors
State party: Sierra Leone
Date of communication: 13 and 14 October 1998 (initial submission)
Date of adoption of Views: 4 November 1998
On 4 November, the Human Rights Committee adopted its Views under article 5, paragraph 4, of the Optional Protocol in respect of communication No. 839, 840 & 841/1998. The text of the Views is appended to the present document.
[ANNEX]
ANNEX*
VIEWS OF THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 5, PARAGRAPH 4, OF THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
- Sixty-fourth session -
concerning
Communication No. 839, 840 & 841/1998
Submitted by: Gilbert Samuth Kandu-Bo, Khemalai Idrissa, Tamba Gborie, Alfred Abu Sankoh, Hassan Karim Conteh, Daniel Kobina Anderson, John Amadu Sonica Conteh, Abu Bakarr Kamara, Abdul Karim Sesay, Kula Samba, Victor L. King, and Jim Kelly Jalloh
Alleged victims: The authors
State party: Sierra Leone
Date of communication: 13 and 14 October 1998 (initial submission)
The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Right
Meeting on 4 November 1998,
Acting under the International Covenant on Civil and Political Rights
and its Optional Protocol,
Referring to the cases of Gilbert Samuth Kandu-Bo, Khemalai Idrissa,
Tamba Gborie, Alfred Abu Sankoh, Hassan Karim Conteh, Daniel Kobina Anderson,
John Amadu Sonica Conteh, Abu Bakarr Kamara, Abdul Karim Sesay, Kula Samba,
Victor L. King, and Jim Kelly Jalloh, whose communications were submitted to
the Human Rights Committee under the Optional Protocol on 13 and 14 October
1998,
Recalling that the Committee's Special Rapporteur for New Communications
requested the Government of Sierra Leone on 13 and 14 October 1998, under rule
86 of the Committee's rules of procedure, to stay the execution of the above
mentioned persons while their communication was under consideration by the Committee,
Deeply disturbed by the information that Gilbert Samuth Kandu-Bo, Khemalai
Idrissa, Tamba Gborie, Alfred Abu Sankoh, Hassan Karim Conteh, Daniel Kobina
Anderson, John Amadu Sonica Conteh, Abu Bakarr Kamara, Abdul Karim Sesay, Kula
Samba, Victor L. King, and Jim Kelly Jalloh were executed by firing squad outside
Freetown on 19 October 1998,
Recalling that on 23 October 1998, an urgent request to provide clarifications,
by 29 October 1998, about the circumstances surrounding the executions of the
above named persons, was sent to the State party both through its Permanent
Mission in New York and the Office of the Secretary General's Special Representative
in Freetown,
Noting that no information has been received from the State party,
1. Expresses its indignation at the failure of the State party's authorities
to comply with the Committee's request for interim measures of protection pursuant
to rule 86 of the Committee's rules of procedure; the attitude displayed by
the State party is all the more regrettable as it concerned cases involving
capital punishment of which the Committee was properly seized and was competent
to examine, and as it occurred in the context of the consideration of the first
cases submitted to the Committee since the Optional Protocol entered into force
for Sierra Leone on 23 November 1996;
2. Recalls that the State party, upon ratifying the Optional Protocol,
undertook to cooperate with the Committee under the procedure, and emphasizes
that the State party has failed to comply with its obligations, both under the
Optional Protocol and under the Covenant;
3. Deplores the State party's failure to make available, as requested
by the Committee, specific clarifications of the circumstances surrounding the
executions;
4. Decides to continue the consideration of the above mentioned communications
under the Optional Protocol;
5. Strongly urges the State party to ensure, by all means at its disposal,
that situations similar to those surrounding the executions of the above mentioned
persons do not recur; in particular, the Committee urges compliance with its
rule 86 requests in other cases of a similar nature of which the Committee is
seized;
6. Urges the State party to present without delay its initial report
under article 40 of the Covenant, which was due on 22 November 1997, for discussion
by the Committee at its 65th session in March/April 1999 and, in
any event, to submit by 15 February 1999 a report, in summary form if necessary,
relating in particular to the application at the present time of articles 6,
7 and 14 of the Covenant;
7. Requests the Secretary-General to bring this decision to the attention
to the Government of Sierra Leone.
*Made public by decision of the Human Rights Committee.