Summary Judgment – Prosecutor V. Charles G. Taylor
The former Liberian President, Charles Ghankay Taylor, was tried and convicted by the Special Court for Sierra Leone (SCSL), for his role in the conflict in Sierra Leone. He was accused of assisting, directing and controlling two of the main rebel groups—the Revolutionary United Front (RUF) and the Armed Forces Revolutionary United Front (AFRC) involved in the war in Sierra Leone. He was also accused of planning, ordering and instigating attacks against civilians during the Sierra Leone conflict. The Sierra Leone conflict lasted from March 1991 to January 2002, but Charles Taylor was charged for crimes committed from 30 November 1996 to 18 January 2002. He was charged with eleven counts of war crimes, crimes against humanity, and other serious violations of international humanitarian law. The specific counts were:
- Terrorism
- Murder
- Violence to life, health and physical or mental wellbeing of persons, in particular murder.
- Rape
- Sexual slavery
- Outrages upon personal dignity
- Violence to life, health and physical or mental well-being of persons in particular cruel treatment
- Other inhuman acts
- Conscripting or enlisting child soldiers into the armed forces or using them in hostilities
- Enslavement
- Pillage
The Prosecution opened its case against Taylor in June 2007 but the trial itself started in January 2008 and ended in March 2011. Ninety-four (94) witnesses testified for the Prosecution while 21 witnesses testified for Taylor. Of the 94 Prosecution witnesses, 56 were crime base witnesses—mainly victims of the conflict in Sierra Leone who testified about the crimes that were committed by rebel forces, 34 were insider/linkage witnesses—mainly former Sierra Leonean and Liberian rebels who linked Taylor to the rebel groups and the crimes committed in Sierra Leone, and 4 were expert witnesses.
The Judges delivered their final judgments on 26 April 2012 and 30 May 2012. Taylor was sentenced to a jail term of 50 years. Taylor has said he will appeal the judgment against him.
FINDINGS OF THE TRIAL CHAMBER ON CRIMES COMMITTED
The Trial Chamber found that the offences listed in the indictment(counts 1-11) were committed in Sierra Leone during the indictment period, that Taylor is guilty of aiding and abetting the commission of all crimes listed in the 11-count indictment, and that he is guilty of planning attacks on three specific towns in Sierra Leone—Kono, Makeni, and Freetown–inlate December1998 and early January 1999. However, the judges held that Taylor was not in command and control of the RUF/AFRC, he was not involved in a joint criminal enterprise with the rebel forces, and he was not found to have ordered and instigated the commission of crimes in Sierra Leone.
Count 1: Terrorism. The Trial Chamber held that there was widespread destruction of civilian property in Kono district, Freetown, and the Western Area by burning from 30 November 1996 to 18 January 2002. The judges found that the RUF, AFRC, and Liberian fighters terrorized the civilian population of Sierra Leone through public executions and amputations, beheading people, displaying their hands and intestines at checkpoints, raping women and girls in public, and widespread burning of civilians alive in their homes, all in a bid to instill terror in the civilian population.
Counts 2 and 3: Murder and violence to life health and physical or mental well-being of persons, in particular murder. The Trial Chamber found that there were unlawful killings of civilians in Kenema District, Kono District, Kailahun District, Freetown, and the Western Area between 30 November1996 and 18 January2002.
Count 4: Rape. The Trial Chamber found that there were widespread acts of rape against women and girls in Kono district, Freetown, and the Western Area between 1 February 1998 and 28 February1999.
Count 5: Sexual Slavery. The Trial Chamber found that there were widespread acts of sexual slavery against civilian women and girls in Kono District, Kailahun District, Freetown, and the Western Area between 30 November 1996 and 18 January 2002.
Count 6: Outrages upon personal dignity. The Trial Chamber found that there were widespread acts of outrages upon the personal dignity of women and girls by undressing them in public and many were raped and sexually abused in the full view of the public in Kono District, Freetown, and in the Western Area between 1 February1998 and 28 February 1999.
Counts 7 and 8: Violence to life, health and physical or mental well-being of persons, in particular cruel treatment; and Other in human acts. The Trial Chamber found that there were widespread acts of physical violence against civilians such as forcing them to endure cruel treatment including words carved into their bodies, and amputations of limbs in Kono District, Freetown, and the Western Area between 1 February1998 and 28 February 1999.
Count 9: Conscripting or enlisting child soldiers into the armed forces or using them in hostilities. The Chamber found that the RUF/AFRC conscripted and enlisted children under the age of15 into their armed groups and used them actively in conflict to perform acts such as amputating limbs of civilians, serving as mine guards and bodyguards, and manning check points between 30 November1996 and 18 January 2002, in Tonkolili District, Kenema District, Kailahun District, Freetown, and in the Western Area.
Count 11: Pillage. The Trial Chamber found that there was unlawful taking of civilian property in a widespread manner in Kono District, Kailahun District, Freetown, and the Western Area between 30 November 1996 and 18 January 2002.
According to the judges, Taylor was guilty of aiding and abetting the commission of all of the crimes listed and explained above.
FINDINGS OF THE TRIAL CHAMBER ON MODES OF LIABILITY
GUILTY BY:
Aiding and Abetting
An accused person is said to be criminally responsible for aiding and abetting when he assists in the planning, preparation or execution of the crime. The necessary mental element here is that the accused had knowledge that his acts would help the preparation of a crime.
The Trial Chamber found that Taylor had the required knowledge and he continued to provide support to the RUF and AFRC forces during the period that crimes were being committed in Sierra Leone.
According to the Judges, Taylor provided various forms of assistance to the RUF/AFRC. These are as follows:
v Arms and ammunition: The Trial Chamber held that Taylor gave arms and ammunition to the RUF/AFRC between 1997 and 2001. The use of such arms and ammunition had an immense effect on the perpetration of crimes by the RUF and AFRC.
v Military personnel: The Trial Chamber held that Taylor provided military personnel to the RUF/AFRC who were actively involved in attacks in Bombali district, Kono and Kenema districts, and the invasion of Freetown in late 1998 to early 1999. The assistance given by the said military personnel had an immense effect on the perpetration of crimes by the RUF/AFRC.
v Operational support: The Trial Chamber held that Taylor provided operational support to the RUF/AFRC by providing them with satellite phones and radio communication for use during the conflict. Taylor also provided financial support, a guesthouse used by the RUF to facilitate the transfer of arms and money in Liberia, and other forms of support. This support greatly assisted the commission of various crimes.
v Encouragement and moral support: The Trial Chamber held that Taylor gave encouragement and moral support in the form of advice and instructions to the RUF/AFRC, which had a great effect on the commission of crimes by the RUF/AFRC.
Planning:
The Trial Chamber held that Taylor is criminally responsible for planning the crimes committed by the RUF, AFRC, and the Liberian fighters in the attacks on Kono and Makeni, and the invasion of and retreat from Freetown between December 1998 and January 1999.
NOT GUILTY BY:
Joint Criminal Enterprise:
Joint criminal enterprise arises where the accused participated in a common plan, design or purpose that caused the alleged crimes or were the reasonably foreseeable result of such common plan, design or purpose. The Trial Chamber held that the prosecution failed to prove its case in this respect and therefore found that Taylor was not involved in said joint criminal enterprise with the RUF/AFRC.
Command Responsibility:
A person who holds a position of superior responsibility, command or control over subordinate members of an armed force or group bears responsibility for any crime committed by such subordinates if he had knowledge or ought to know that such crime was to be committed and failed to prevent its commission or to punish those responsible. The Trial Chamber held that the prosecution failed to prove that Taylor bore such command and control over the RUF/AFRC in Sierra Leone.
Ordering:
The Trial Chamber found that even though Taylor held a position of authority amongst the RUF and AFRC, the instructions and guidance he gave were said to be generally of an advisory nature. Therefore, the judges held that he is not guilty of ordering the commission of crimes in Sierra Leone.
Instigating:
The Trial Chamber found that even though Taylor was found to have aided and abetted the commission of the crimes in counts 1-11 of the indictment, it could not be proven that he instigated the commission of those crimes.
SENTENCE:
Taylor was sentenced to 50years imprisonment. He will get credit for the 6 years that he has served while in detention. He is therefore expected to serve a jail term of 44 years.
NEXT STEPS:
APPEALS:
Taylor has indicated that he will appeal the findings of the Trial Chamber against him. The appeal will be heard by a Chamber of 5 judges. The Appeals Chamber judges could agree or disagree with the findings of the Trial Chamber judges or could uphold, reduce or increase the sentence that has ` already been imposed on Taylor. Any decision of the Appeals Chamber will be final.
PREPARED BY: HUMAN RIGHTS CLINIC, FOURAH BAY COLLEGE AND CENTER FOR ACCOUNTABILITY AND RULE OF LAW SUPPORTED BY THE OPEN SOCIETY JUSTICE INITIATIVE (OSJI).
