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Special Court for Sierra Leone Outreach and Public Affairs Office PRESS RELEASE Freetown, Sierra Leone 26 September 2013 |
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Appeals Chamber Upholds Charles Taylor’s Conviction, 50 Year Sentence
On 26 April 2012, the Trial Chamber found Mr. Taylor guilty of aiding and
abetting crimes committed by RUF and AFRC rebel forces against Sierra Leones
civilian population over a five-year period, and of planning, with RUF
Battlefield Commander Sam Bockarie, crimes committed by rebel forces during the
January 1999 attack on Freetown. The Defence and the Prosecution had each
appealed both judgement and sentence. The Appeals Chamber, consisting of Justice George Gelaga King (presiding),
Justice Emmanuel Ayoola, Justice Renate Winter, Justice Jon Kamanda, Justice
Shireen Avis Fisher and Alternate Judge Justice Philip Waki, found that the
Trial Chamber had properly applied the standard of proof of beyond a reasonable
doubt. The Judges also dismissed Defence challenges to findings of fact, saying
that the findings were reasonable in light of the Trial Chamber’s careful and
cautious approach to the evaluation of the evidence. The Judges said the Trial
Chamber had relied on a combination of direct, circumstantial and hearsay
evidence in reaching its findings, and that none of its findings were based on
uncorroborated hearsay evidence. The Trial Chamber also found that Mr. Taylor had supplied the rebels with
arms and ammunition, military personnel, sustained operational support,
encouragement and moral support, knowing that their strategy was to commit
crimes against the civilian population. The Appeals Chamber concurred, saying
that Mr. Taylor had a substantial effect on the rebels’ capacity to implement
its operational strategy and to carry out attacks on civilians. The Defence had argued that the Trial Chamber erred in finding the mens rea (intent)
of aiding and abetting by applying a “knowledge” standard rather than a
“purpose” standard. The Appeals Chamber rejected this argument, holding that
under customary international law, knowingly participating in the commission of
crimes establishes individual criminal responsibility. The Defence had also
argued that the conviction was legally erroneous because Mr. Taylor had not
assisted the individual soldiers who committed the crimes. The Appeals Chamber
did not agree, finding that the crimes were committed in furtherance of the RUF/AFRC
operational strategy, and that the Trial Chamber had properly found that Mr.
Taylor aided and abetted the planning, preparation and execution of that
strategy and thus the crimes. Justice King added that the Appeals Chamber was “not persuaded” by the recent
ICTY Appeals Chamber’s Perišić judgement, which concluded that “specific
direction” is an element of aiding and abetting liability under customary
international law. Justice King noted that the ICTY’s jurisprudence did The Appeals Chamber affirmed Mr. Taylor’s conviction for planning the crimes
committed during the January 1999 attack on Freetown. The Appeals Chamber
recalled that Mr. Taylor instructed Sam Bockarie to make Freetown “fearful” and
to use terror tactics against the city’s civilian population. Mr. Taylor thus
demonstrated his intention that crimes would be committed in Freetown. The Prosecution had argued that, based on the evidence before the Court, the
Trial Chamber should have found that Mr. Taylor had ordered or instigated crimes
committed by RUF and AFRC rebel forces. The Appeals Chamber found, however, that
ordering and instigating were “inadequate characterisations of culpable acts and
conduct” found by the Trial Chamber, and held that aiding and abetting “fully
captures Taylor’s numerous ‘interventions’ over a sustained period of five years.”
The Appeals Chamber agreed with the Prosecution, however, that the Trial Chamber
erred in concluding that aiding and abetting liability generally warrants a
lesser sentence. The Appeals Chamber held that a sentence must be based on the
convicted person’s actual conduct and the totality of the gravity of that
conduct. The Appeals Chamber concluded that the 50-year sentence imposed on Mr. Taylor
was fair and reasonable in light of the totality of the circumstances. Justices Shireen Avis Fisher read out a concurring opinion on behalf of
herself and Justice Renate Winter. She stated that “the confirmed findings
overwhelmingly establish that Mr. Taylor, over a five year period, individually,
and knowingly, and secretly, and substantially assisted the perpetration of
horrific crimes against countless civilians in return for diamonds and power,
while publicly pretending that he was working for peace.” Justice Fisher noted
that eight independent judges had established Mr. Taylor’s guilt beyond a
reasonable doubt, and stressed the importance of judicial independence. She
stated that to suggest that judges do not act “independently ‘without fear or
favour, affection or ill-will’…wrongfully casts a cloud on the integrity of
judges in international criminal courts generally and the rule of law which we
are sworn to uphold.” The Appeals Chamber concluded that the 50-year sentence imposed on Mr. Taylor
was fair and reasonable in light of the totality of the circumstances. The Special Court is an independent tribunal established jointly by the United Nations and the Government of Sierra Leone. It is mandated to bring to justice those who bear the greatest responsibility for atrocities committed in Sierra Leone after 30 November 1996.
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