By Joe Hindovei Pemagbi
The appellate of the Special Court for Sierra Leone (SCSL) will issue a landmark verdict on the appeal of former Liberian President Charles Taylor in The Hague today September 26, 2013. Charles Taylor was tried and convicted on 11 counts of aiding and abetting war crimes, crimes against humanity, rape and other serious violations of international humanitarian law, committed by Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC) rebel forces from November 30, 1996 to January 18, 2002 during the course of Sierra Leone’s civil war. Judgment was pronounced by the trial chamber of the Court on April 26,2012 and he was sentenced to 50 years imprisonment on May 30, 2012.It was clear that the defense team was not going to take the verdict lying down. An appeal by the defense on forty-two grounds followed on July 19, 2012 while the prosecution also challenged the sentence on four grounds. More than a year on, it is judgment time again- however, this time, it is final judgment.
Taylor remains the first former President to be convicted by an international criminal tribunal for the crimes committed during Sierra Leone’s civil war that started in 1991 and officially ended in 2002.Six years after the Taylor trial began on June 4, 2007, the interest and demand for justice continues to invigorate human rights activities, policy makers and victims of the gruesome crimes. The trial has largely been transparent and has been followed by the general public through direct radio broadcasts and, howbeit slightly delayed, television images of court sessions broadcast from The Hague. The trial was moved to The Hague due to concerns that holding the trial in Sierra Leone might jeopardize security in the West African sub-region, which might in turn have a negative impact on the work of the Special Court. In Liberia and Sierra Leone, special efforts were made by the Special Court in partnership with various media outlets to reach out to victims as well as residents of the Mano River Union and West Africa throughout the process.
Among the issues raised by prosecutors in their appeal brief was the trial chambers’ failure to find Taylor guilty on the ordering and instigation of crimes. Prosecutors also appealed the 50 year jail term to which the trial chamber sentenced Taylor. They had originally requested a jail term of 80 years.
Enormous resources have gone into the operations of the court to send a strong message to leaders, especially from the African continent, and citizens across the world that the long arm of justice will find and reach those who have committed heinous crimes, no matter how long it takes. The commencement of the Hussein Habre case after years of reluctance by Senegal’s governments to bring him to book for alleged crimes is an opportunity that the courts must not miss. African leaders who cling on to power at all costs, often subjecting their citizens to unimaginable cruelty and abuse in order to do so, must rethink and redirect their focus to people-centered leadership.
Immediately before and even during the operations of the SCSL which, coincidentally, functioned concurrently with the Truth and Reconciliation Commission (TRC), rumors and suspicions rose about the motive and rationale behind its establishment. All major stakeholders – national and international - were at pains to explain to victims about the deterrent value of the hybrid court and remained optimistic about the legacy that the court would leave. Other than a physical structure which could decay in the coming years for lack of maintenance, the jury is still out on the legacy of the court. The expectation was that as obsolete as some of the provisions in the laws of Sierra Leone may be, some of them remained relevant to the trial of those who bear the greatest responsibility for the mayhem that was unleashed in Sierra Leone.
As Sierra Leoneans and Liberians, both near and far, move on with their lives over a decade after the war officially ended, Taylor’s alleged role in Sierra Leone’s civil strife that left millions displaced, thousands killed, maimed or demoralized will be waiting patiently for the final decision of the Special Court for Sierra Leone’s appellate to help them bring a closure to their pain and suffering.
For victims of the war, they felt short-changed by a system as the millions of dollars went into the operations of the court while they live in abject poverty.
On Thursday, Taylor’s role in the Sierra Leone war –– will receive a final judgment from the appellate of the Special Court for Sierra Leone. As many Sierra Leonean and Liberian survivors heal over a decade after the end of this war, they long for closure so that they can continue with their lives. Hopefully, this judgment can give it to them.
Joe Hindovei Pemagbi is Country Officer and Head of Office of the Open Society Initiative for West Africa’s (OSIWA) Sierra Leone Office.
© Politico 26/09/13
