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Office of the Attorney General and Ministry of Justice
Special Court Task Force

Planning Mission
7-18 January 2002

Briefing Paper on

The Transfer of Evidence to the Special Court

Guidelines and recommendations of the
Task Force to the Planning Mission
for the Special Court

Transfer of Evidence to the Special Court
a) Preliminary steps
1) Appoint Evidence Liaison Officers, one principal and one deputy
2) Review current evidence and evidence log
3) Gather all evidence in one secure place, completing usual evidence transfer requirements at this time
4) Re-examine or examine evidence, if necessary
5) Ensure evidence properly packaged in evidence bag and labelled
6) Ensure the evidence bag is labelled with the following information:
    * Date and location of collection of evidence (if known)
    * Name of officer who collected the evidence (if known)
    * Date of packaging of evidence
    * Description of evidence
    * SLP case file number (if any)
7) Enter information on evidence bag into Evidence Log

b) Procedure for transfer of evidence
** This procedure should be carried out by an Evidence Liaison Officer, together with a witness if possible **
1) Special Court examination of evidence (if necessary)
    * Ensure proper precautions for preservation of evidence taken
2) Fill in Evidence Transfer Form (ETF)
    * Two copies, one for the Special Court and one for the SLP
3) Enter information on ETF into Evidence Log
    * Evidence Log to be a bound book, entries to be made in ink, with mistakes crossed out and initialled
4) Label evidence bag with ETF Reference Number and page of entry in Evidence Log
5) In addition to the information listed in (a)(6) above, ensure the evidence bag is also labelled with the following information:
    * Date and time of transfer to Special Court investigator
    * Name of transferee from Special Court
    * Special Court case number (if any)

c) Information on Evidence Transfer Form
** See attached for the possible format for an Evidence Transfer Form **
1) Date, time and location of transfer
2) Name, official title and contact information of transferor (Evidence Liaison Officer)
3) Name, official title and contact information of transferee (Special Court investigator)
4) Name, official title and contact information of additional witnesses (if applicable)
5) Name of suspect (if applicable)
6) SLP case file number (if applicable)
7) Special Court case file number (if applicable)
8) Evidence Transfer Form Number
9) Description of evidence
10) Declaration of transferor that evidence is being transferred into the custody of the Special Court, signed and dated by transferor
11) Declaration of transferee that evidence is being accepted into the custody of the Special Court, signed and dated by transferee

 d) Requests for Transfer of Information
1) All requests for transfer of information, whether from the SLP or the Special Court, should go through the Evidence Liaison Officer, who will complete the necessary transfer arrangements
2) Notations of transfers should be made on Evidence Transfer Form and in the Evidence Log at the time of each transfer, to ensure the chain of custody is recorded and complete.
    * Requests by Special Court for Evidence
        - SLP transfers evidence to Evidence Liaison Officer as outlined above or on request of Special Court to Evidence Liaison Officer, who completes usual transfer of evidence requirements and enters information on evidence bag into Evidence Log as above
        - Evidence Liaison Officer transfers evidence to Special Court investigator, at which time Evidence Liaison Officer Completes ETF form and enters information into Evidence Log as above

    * Requests by SLP/Law Officers for Evidence
        - SLP/Law Officers request Evidence Liaison Officer for specific evidence in the custody of Special Court
        - Evidence Liaison Officer requests Special Court for transfer of evidence
        - Special Court transfers evidence to Evidence Liaison Officer, who makes notation on ETF form and in Evidence Log as above
        - Evidence Liaison transfers evidence to SLP/Law Officers, at which time Evidence Liaison Officer makes notation on ETF form and in Evidence Log as above

SIERRA LEONE POLICE -- EVIDENCE TRANSFER FORM
This form is to be filled out by an Evidence Liaison Officer only
ETF Number:

Details of Transfer
Date:     Time:
Location:

Details of Transferor
Name:      Title:
Contact details:

Details of Transferee
Name:      Title:
Contact details:

Details of Additional Witnesses (if any)
Name:      Title:
Contact details:

Name of suspect (if applicable):
Special Court case file number (if applicable):
SLP case file number (if applicable):

Description of Evidence
Type of evidence:
Detailed description of items included in evidence:
 

I, _______________________, hereby declare that the evidence described above is transferred into the custody of the Special Court

________________   ____________________________________
     (Date)       (Signature)

I, _______________________, hereby declare that the evidence described above is accepted into the custody of the Special Court

________________   ____________________________________
     (Date)       (Signature)

(On reverse side of Evidence Transfer Form)

SIERRA LEONE POLICE --
EVIDENCE MOVEMENT REGISTER

Released by                    Purpose of release                 Received by                            Notes
(Name, Signature, Date)                                               (Name, Signature, Date)
 

This report was prepared by the Office of the Attorney General and Ministry of Justice of Sierra Leone for the Special Court Task Force with the technical cooperation of No Peace Without Justice.

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