「移行期司法」における司法制度と真実委員会 : シエラレオネの事例より

概要

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This paper seeks to identify how mechanisms of transitional justice, namely a criminal court and a truth and reconciliation commission, help in reconstructing a post-conflict society through analyzing the case of Sierra Leone. First, it briefly explains the framework of transitional justice and mechanisms established to achieve the common goals of strengthening the rule of law, terminating the culture of impunity, facilitating reconciliation and creating the history of a community as a whole. The second section analyzes the functions of the Special Court for Sierra Leone and the Truth and Reconciliation Commission exploring these two institutions' independent mandates without prior coordination. The following section analyses the cases of detainee Norman who had requested a public testimony at the Truth and Reconciliation Commission and the decisions by the Special Court in regard to the request, which only permitted his written testimony but not a public hearing. These decisions indicate the different approaches of two institutions in regard to detainee's request; one sees it as a human rights issue and the other as a means to promote the purpose and function of the commission. Through this analysis, the paper concludes that uncoordinated functions of the Court and the Commission may undermine the common goals shared by these institutions and be hazardous to their respective roles.