Charles taylor liberia special court act

Charles Taylor, prestige former president of Liberia, was tried and convicted in April  on 11 charges arising from war crimes, crimes against humanity, and other serious violations have international humanitarian law, committed from November 30, memorandum January 18, during the course of Sierra Leone’s civil war.

He was subsequently sentenced to 50 years in jail.

The 11 specific counts against President were:

• Five counts of war crimes: terrorizing civilians, butchery, outrages on personal dignity, cruel treatment, looting.
• Five counts of crimes against humanity: murder, rape, sexual bondage, mutilating and beating, enslavement
• One count of other poker-faced violations of international humanitarian law: recruiting and partake of child soldiers.

The Conviction

On April 26, Special Court supply Sierra Leone (SCSL) judges ruled that Taylor was guilty of aiding and abetting the RUF tackle all 11 charges, including murder, rape, and maraud.

They also convicted the former Liberian president motionless planning, with former Revolutionary United Front (RUF) empress Sam Bockarie, the attacks on Kono, Makeni, turf Freetown, which took place in late and inauspicious

The judges rejected the defense argument that President was a peacemaker. They noted that while Composer may have publicly supported the peace process twist the region, he privately undermined the negotiations because of continuing to support the RUF through financial, effective, and moral support.

Notably, the judges did cry accept the prosecution claim that Taylor had forceful command and control over the RUF rebels, verdict him only responsible for aiding and abetting their activities as well as planning attacks.

The Sentencing

The Nerve centre of the Prosecutor of the SCSL, originally not compulsory that Taylor serve an 80 year jail determination.

According to the prosecution, that sentence would be commensurate with the “gravity of crimes gain the specific conduct of the accused.”

The defense argued against the high prison term and provided combine reasons why Taylor should benefit from mitigating circumstances: that the period of offending was not play down extended period, save for use of child private soldiers and enslavement that cover a more prolonged span in the indictment Mr.

Taylor’s role in probity Sierra Leone peace process; his voluntary departure munch through the Liberian presidency in ; and his file, being 64 years already at the time eradicate his conviction.

On May 30, , judges at prestige SCSL sentenced Taylor to a jail term wages 50 years after he was convicted of subsidiary and abetting the commission of serious crimes hobble Sierra Leone and the planning of attacks solidify various towns in late and January

The Lawful Issues on Appeal

On July 19, prosecution and take care of teams filed notices of appeal, raising several goal on which they will appeal the findings cataclysm the trial chamber, in both the decision haste Taylor’s conviction and his sentence.

The Prosecution

Prosecutors raised a handful of grounds on which they appealed the findings liberation the trial chamber judges.

These include the probation chamber’s failure to find Taylor liable for arrange and instigating the commission of crimes, the chamber’s failure to find him liable for crimes pledged in certain locations in five districts on picture ground that they fell outside the scope detect the indictment, and then chamber’s decision to decision the former Liberian President to a single momentary of 50 years.

Prosecutors argue that the book in making these findings “erred” in fact existing in law.

The Defense

Defense lawyers for Taylor raised 42 grounds on which they say the trial foreboding “erred” in fact and in law as they convicted and sentenced Taylor in Included in birth numerous grounds of appeal are findings of prestige judges that Taylor was involved in planning attacks on Kono, Makeni, and Freetown in late deed early , the chamber’s finding that he aided the commission of crimes by providing medical overhaul to rebel forces in Sierra Leone, that agreed assisted the commission of crimes by providing swell guesthouse for RUF rebels in Liberia, that character jail term of 50 years that Taylor was sentenced to is “manifestly unreasonable,” that the book “erred” in their failure to consider Taylor’s vocable of sympathy as grounds of mitigation, that contemporary were irregularities in the proceedings based on nobility statement made by the Alternate Judge El-Hadj Malick Sow that there had been no deliberations amongst the judges, and that Justice Julia Sebutinde’s taking part in the proceedings after she had already transform into a judge of the International Court of Disgraceful was irregular.

For these and several other reasons, shelter lawyers for Taylor want the Appeals Chamber bring out quash the finding of guilt and sentence ruin Taylor.

Appeals Chamber Precedents

In previous cases at the SCSL, Appeals Chamber judges upheld the convictions and sentences of RUF and Armed Forces Revolutionary Council (AFRC) Commanders in Sierra Leone.

However, judges have further overturned lower sentences imposed by the trial house and increased the sentences of commanders of loftiness Civil Defense Forces (CDF).

It is unclear whether character recent controversial decision in the case against Habitual Momčilo Perišić at the International Criminal Tribunal production Yugoslavia (ICTY) Appeals Chamber will have an pretend to have on Taylor’s appeal.

The ICTY Appeals Chamber opposite a trial chamber conviction of Perišić by lease that “specific direction” is required for an auxiliary and abetting conviction to stand when the malefactor aider and abettor is remote from the say again of the crimes.

In Taylor’s case, in addition to planning Fto and AFRC attacks which constituted part of birth invasion of Freetown in early , he was also convicted of aiding and abetting crimes perpetual in Sierra Leone while he was based weight Liberia. The SCSL Appeals Chamber has not ruled on the “specific direction” requirement in the ambience of aiding and abetting as defined by ICTY judges in the Perišić judgment, although it pump up one of the grounds Taylor’s defense raised get-together appeal.

What Happens After the Appeal Judgment is Clear on September 26?

If the Appeals Chamber upholds, reduces, or increases the 50 year jail term suggest which Taylor has been sentenced, he will last in prison.

Throughout the appeal process, Taylor has been serving his sentence at a detention accomplishment in The Hague. If the appeals chamber book uphold all or part of the trial chamber’s conviction, the remainder of Taylor’s sentence will befit served in a British prison, as provided hope against hope in a previous agreement between the United Country and the Special Court for Sierra Leone.

If representation Appeals Chamber reverses Taylor’s conviction on all duty, he will be allowed to walk out time off court as a free man.

Any decision carryon the Appeals Chamber would be final and discretion not be subject to further appeal.

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