Source: FrontPageAfrica
07/19/2010 - Human Rights Watch
Human Rights Watch is calling upon the government of Liberia and the International Community to take prompt steps to ensure that prosecution for serious past crimes committed in Liberia are conducted pursuant to the Liberian Truth and Reconciliation Commission (TRC) recommendation for the establishment of an Extraordinary Criminal Court for Liberia (ECCL).
In a recent Memorandum of Analysis on the TRC Report specifically on the Commission’s recommendation for prosecution, Human Rights Watch
Human Rights Watch says the violence blighted the lives of tens of thousands of civilians, displaced almost half of the population, and virtually destroyed the country’s infrastructure.
says it fully supports the TRC recommendation for a hybrid international – national accountability mechanism to hold perpetrators of past crimes in Liberia to account and that such proceedings are carried out in accordance with international standards. “Prosecutions for serious crimes in violation of international law-including war crimes and crimes against humanity- are crucial to ensuring redress for the countless victims of Liberia’s brutal armed conflicts” the human rights watch dog said.
The Organization in its analysis also reminded of how Liberian citizens were subjected to horrific abuses, including summary execution and numerous large-scale massacres, widespread and systematic rape and other forms of sexual violence, mutilation and torture, and large-scale forced conscription and use of child combatants. The violence blighted the lives of tens of thousands of civilians, displaced almost half of the population, and virtually destroyed the country’s infrastructure. “Prosecutions are vital to building respect for the rule of law, especially in a society like Liberia that has been devastated by conflict, thus making justice an important component to establishing sustainable peace” the group says.
In summary, Human Rights Watch believes that while the TRC recommendation has many elements that can contribute to fair and effective trails including; international and national judges working together to try cases with a majority of internationally-appointed judges serving on each judicial panel; a combination of international and Liberian staff working in the prosecutor’s office; a committee to witness protection, and plans to conduct outreach to local communities about trials, at the same time, the proposal for prosecution contain several weaknesses including, the recommendation that certain individuals who cooperated with the TRC not be prosecuted; not focusing on individuals bearing the greatest responsibility; the prosecutor is not appointed by international actors; and international crimes and modes of individual criminal liability are not explicitly provided for etc.
Consequently, the Organization has made several recommendations to ensuring an effective internationally acceptable ICCL inclusive of; a Mandate to prosecute persons most responsible for alleged crimes including military or political; that judges be required to have practical experience trying criminal cases; that fair trial standards be drawn more directly from the statutes of international and hybrid courts and the International Convention on Civil and Political Rights (ICCPR) in order to fully adhere to international standards and that trials in absentia be explicitly prohibited amongst others.
