Following the Special Court’s landmark
conviction of Liberia’s ex-president Charles Taylor for aiding and abetting the
civil war in Sierra Leone and his subsequent sentencing for 50 years, there is
a huge debate going on about the implications of such a decision especially to
Africa in general and Sierra Leone in particular.
Given the current climate of widespread violations
of human rights by certain African leaders, most notably the Sudanese and
Zimbabwean presidents, a lot has been said about the Taylor verdict being a
strong and unambiguous message that there is an end to impunity for heads of
State who commit human rights violations. The fact that the ex-president of
Ivory Coast, Lauren Gbagbo who is accused of human rights violations, is about
to be tried further adds credence to this point. In the past, we can painfully
remember how some African leaders used terror and oppression to cling on to
power, despite clear unpopularity among their people. It is my view that the
heavy-handed sentencing of Taylor is likely to forestall or discourage future
abuse of power.
Another important implication of the Special Court’s
decision is the new judicial precedents it
has set in the area of International Criminal Law. It is clear that future trials on gross human
rights violations will make substantial references to this historic trial,
particularly with regards the legal definitions of “command responsibility” and
“aiding and abetting” among others. The decision
makes clear that even if an accused is not present at the scene of the crime this
is no defense to a charge of “aiding and abetting” under International Criminal
Law. As Judge Richard Lussick noted “While Mr. Taylor never set foot in Sierra
Leone, his heavy footprint is there”. Therefore, there is now increased
likelihood that sponsors of atrocities in other countries will now be convicted
where they are found to have “aided and abetted” human rights violations.” Considering
the thinness of case law in the area of International criminal law, Taylor’s
trial is no doubt a welcome addition.
Speaking after the announcement of the decision, the
chairman of the Amputees’ Association, Mr. Edward Conteh described the verdict
as a “relief” and added that “It is a step forward as justice has been done…”.
I suppose this is perhaps the true implication of the decision; that the
victims of Charles Taylor can now move on and get on with their lives, after
painstakingly waiting for justice for nearly 10 years, since Mr. Taylor was
indicted on June 4 2003. At certain points during the long wait for this
verdict, some of them became frustrated, others out rightly cynical and
doubtful whether the Court would subdue to Taylor’s defense team and deny them
justice one last time. As it turned out, the Court did not and fifty years for
Taylor is considered a victory for justice and his victims. The words of David
Anyeale, a Nigerian national whose limbs were hacked off by Taylor’s men in
Kissy, Eastern Freetown have captured my attention. Welcoming the decision he
wrote, “I received the news of the sentencing of Charles Taylor to 50 years
jail term with gratitude. I thank the prosecuting team for a job well done…
When Captain Goldteeth amputated my hands, poured fuel and set me on fire
beside the cemetery at shell bus stop, Kissy bye pass, Freetown, he never knew
that I will survive…”
It is stories like these that remind us of what
happened in Sierra Leone because of Taylor and why we all must receive his
sentencing with joy and spare a thought for every one of his victims. Now we can do even more justice to his
victims by not allowing his heinous crimes to hold us back and poison our minds
with bitterness and hatred. Justice has been delivered and Sierra Leoneans must
embark on the long journey of rebuilding a prosperous and loving nation from
the ashes of war.
