Taylor’s Cross-Examination Continues

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

THE HAGUE, Netherlands– Last week saw more developments in the trial of former Liberian President, Charles Taylor.  Defense attorneys for Charles Taylor were able to receive a favorable order from the judges for the court. Additionally prosecutors were able to get another admission from Taylor, while also receiving more denials to their allegations.

The judges ordered that the prosecution disclose to the defense all new documents they intend to use in their cross-examination of Charles Taylor. The presiding judge, Justice Richard Lussick said that, “the prosecution’s piecemeal disclosure of individual documents was unacceptable.” The order came in response to the prosecution’s request to use “new evidence” in the form of documents to impeach Taylor’s credibility as a witness in his own defense. The court, in it’s decision, ordered that the documents would be dealt with on a case-by-case basis. The court further said that all documents which have probative value to the guilt of Taylor must be disclosed to his defense before they could be used by the prosecution for cross-examining Taylor.

In the prosecution’s continuation of their cross-examination of Taylor, they questioned Taylor about the source of the wealth and assets he had accrued during his time in office.  In response to the question, Taylor explained he received contributions of one million dollars from Taiwan, and 500,000 dollars from Libya during 1996-1997, that went toward his presidential campaign. When asked why the Taiwanese government would give him such an amount, Taylor said it was likely for public relations reasons. He said they developed an interest in him out of concern that China would block their interest in Liberia.  When asked to explain Libya’s contribution, he did not have any answer.

Prosecutors followed these questions with inquires about how he currently supports himself financially.  His response was that he has friends, along with other individuals who “help him put food on the table.” He denied the prosecution’s suggestions that he was involved in various forms of business, or that he had bank accounts opened in different places under different names. The prosecution also asked him how he supported himself financially while he was exiled in Nigeria. Taylor explained, “When I left Liberia, I was fully supported by the Nigerian government. Every month, the Nigerian government gave me subsistence.” When the prosecution provided documents from the Nigerian Ministry of Foreign Affairs that discredited Taylor’s claim he received money from Nigeria, he simply dismissed the document. The prosecution’s inquires into Taylor’s finances stem from their belief that the wealth and assets he accumulated during his time as President came from his arrangement with Sierra Leonean rebels that consisted of an exchange of diamonds for arms and ammunitions eventually used to commit atrocities such as rape and murder in Sierra Leone.

For more information please see:

Charles Taylor Trial – Charles Taylor Received Money From Taiwan and Libya For His Presidential Campaign, He says – 1 December 2009

Charles Taylor Trial – Judges Order Prosecutors To Disclose To The Defense All New Documents They Intend To Use In Cross-Examination of Charles Taylor – 3 December 2009

Impunity Watch – Taylor Concedes, But Not Too Much – 1 December 2009

Solomon Islands Must Reform Laws Providing Haven for Foreign Criminals

By Eileen Gould
Impunity Watch Reporter, Oceania

HONIARA, Solomon Islands – Amnesty International reported that the Solomon Islands must overhaul its laws in order to ensure that is not a safe haven for foreign criminals.

In the first paper of the No Safe Haven Series covering a Pacific country, Amnesty issued a report on the Solomon Islands, entitled “End Impunity Through Universal Jurisdiction”.

In this paper, the human rights organization assesses whether the Solomon Islands, as a member of the international community, has met its obligations to define crimes under international law within their national law.

The report also addresses the country’s ability to provide effective criminal and civil jurisdiction over those crimes and to cooperate with other nations in extradition processes.

Amnesty found that the Solomons’ national law lacks definitions of the most atrocious crimes, including war crimes, torture, crimes against humanity, extrajudicial killings or enforced disappearances.

Because of its failure to define those crimes, there is concern that the Solomon Islands is a “safe haven” from prosecution in its courts for foreigners who are responsible for heinous crimes committed abroad against other foreigners.

The report also notes that the nation is a safe haven for foreigners, who have committed crimes such as genocide, war crimes, torture, and extrajudicial executions abroad, from extradition to any country.  These individuals cannot be arrested and turned over to the International Criminal Court or any other international criminal court.

The Solomon Islands also lacks legislation which would allow the government to exercise universal civil jurisdiction, and therefore, victims of crimes under international law are not able to receive full reparation.  This is yet another indication of the nation’s failure to carry out its obligations to the international community.

Amnesty International will provide this report to the Solomon Islands Law Reform Commission, in hopes that the nation will consider its recommendations and fulfill its obligations under international law to fight against impunity.

For more information please see:
Radio New Zealand – Solomons advised to rewrite laws to avoid being haven for foreign criminals – 08 December 2009

Voxy – Solomon Islands: Time to End Safe Haven for Crimes Under International Law – 08 December 2009

Amnesty International – Solomon Islands: End Impunity Through Universal Jurisdiction (No Safe Haven Series No. 6) – 07 December 2009

European Convention on Human Rights to Rule on Ireland’s Abortion Ban

By David Sophrin
Impunity Watch, Reporter

STRASBOURG, France – The European Court of Human Rights (ECHR) will hear an action on Wednesday brought by three Irish women, alleging that Ireland’s abortion ban has put their health and well-being at risk.

Abortion was originally banned and the procedure criminalized in Ireland in 1861 by the Offences against the Person Act.  A 1992 Ireland Supreme Court ruling legalized abortions when there was a “real and substantial risk to the life of the mother.”  This exemption included the risk of potential suicide on the part of the woman.  There has still been no statutory language from the national government to clearly establish the correct application and scope of that court decision.  Ireland is a signatory to the ECHR.

All three women involved in this case were forced to travel to England to obtain an abortion.  According to the Irish Family Planning Association (IFPA), since 1980 138,000 women have been forced to travel abroad from Ireland to gain access to an abortion.  This has resulted in “extreme…physical, financial and emotional hardship” on the women affected.  IFPA noted that the Irish abortion ban goes “against the majority of [Irish] citizens…[are] broadly in favor of liberalising the law.”

The Ireland Attorney General, Paul Gallagher, is heading the legal team that will represent the official state position in front of the ECHR.  He is expected to argue that Ireland is “entitled to rely on the ‘margin of appreciation doctrine'”.  Traditionally, this doctrine has allowed individual member states to have a degree of discretion in interpreting the ECHR’s law differently than other states.  Additionally, since domestic alternatives to the issue at hand have not been exhausted, the ECHR lacks jurisdiction.

The Irish women who brought the case are supported by the IFPA.  Their argument centers on a claim that the Irish abortion ban violates numerous provisions of ECHR, including Article 2 (right to Life), Article 3 (prohibition of Torture), Article 8 (Right to Respect for Family and Private Life) and Article 14 (Prohibition of Discrimination).

If their claim is successful it would create minimum degree of access for women, not just in Ireland but all signatory nations, to an abortion that has the purpose of protecting the woman’s health and well-being.

For more information, please see:

IRISH EXAMINER – Criticism ahead of abortion ban fight – 8 December 2009

TAIWAN NEWS – European Court of Human Rights puts pro-life Ireland in hot seat – 8 December 2009

INDEPENDENT – State defends ban on abortion as women take case to Europe – 7 December 2009

THE GUARDIAN – Women challenge Irish abortion ban in court – 7 December 2009

Iranian Police Clash With Student Protesters

By Bobby Rajabi
Impunity Watch Reporter, Middle East

TEHRAN, Iran – On December 7 thousands of Iranian’s took to the streets and rallied against the government at universities throughout the country. The protests took place on Iran’s Student Day and were an effort coordinated by a number of opposition websites. The protests, which were focused on the controversial June presidential election, set off altercations between students and police around campuses. Protesters hurled rocks and set fires. Police officers and plain clothes Basij militia members were with tear gas, chains, truncheons and stun guns.

The Iranian government attempted to stop any chance of protests erupting on Student Day. The night before the protests government opponents shouted “Death to the Dictator” and “God is great” from their rooftops. Government officials attempted to kill off internet access on the eve of the protests. Additionally, authorities warned journalists working for foreign media to stay in their offices for three days. On the day of the protests Iranian authorities shut down the mobile phone network in the center of Tehran to stop opposition protesters from contacting each other.

Opposition leader, and President Mahmoud Ahmadinejad’s opponent in the disputed June presidential election, Mir-Hussein Moussavi announced his support for student demonstrations. He additionally stated on his website that the religious establishment couldn’t silence students and that they were losing legitimacy in the Iranian people’s minds. Former President Akbar Hashemi Rafsanjani has also thrown his support behind the opposition, accusing Iran’s hard-line rulers of silencing constructive criticism.

Clashes erupted during the Student Day protests as thousands of individuals filled the street. According to witnesses riot police fired tear gas and Basij militiamen charged the crowd as protesters chanted. The Basij beat protesters on the head and shoulders as the crowd scattered. The protesters also chanted against Iran’s Supreme Leader, Ayatollah Ali Khamenei. Khamenei has accused the opposition of creating opportunities for Iran’s enemies.

The protests mark the first major showing showing by the opposition in more than a month.  The BBC’s Jon Leyne claims that the main objective of the opposition is to keep their movement alive. Reports are that dozens of individuals have been arrested. The protests continued throughout the day. By nightfall a number of student groups held candlelight vigils for those arrested during the day.

For more information, please see:

Al Jazeera – Iran Police ‘Clash With Protesters’ – 7 December 2009

BBC – Iran Opposition Protesters Clash With Security Forces – 7 December 2009

Guardian – Iranian Police Use Tear Gas and Batons in Clash With Protesters – 7 December 2009

New York Times – Iranian Student Protesters Clash With Police – 7 December 2009

AP – Iran Chokes Off Internet on Eve of Student Rallies – 6 December 2009

Opposition Has Called for the Return of Civilian Control in Guinea

By Jennifer M. Haralambides

CONAKRY, Guinea – A regional African bloc has called for Guinea to return to civilian control.

General Sekouba Konate, the vice president of the military junta, has assumed control of the country following the assassination attempt on their leader.

Guinea’s military leader Captian Moussa “Dadis” Camara was airlifted to Morocco on Friday for emergency surgery after an aide shot him in the head during a firefight between rival factions of the Guinea army.  Lieutenant Abubakar Diakite, the aide who allegedly shot Camara is currently on the run.

Diakite is not only suspected of trying to kill Camara, but for attempting a coup d’etat.  There have been reports that shots were heard near the barracks of the presidential guard hours after a television broadcast solicited information about Diakite’s whereabouts.

Human rights groups also blame Diakite, who had commanded the elite presidential guard, for the violent crackdown on protesters that left more than 150 people dead.  The United Nations is investigating the incident.

General Konate was rushed to Guinea’s capital from overseas to assume control immediately after the attack.

Regional blocs are against Konate’s temporary rule, and want government control to return to civilians until the January elections.  There is hope that a reshuffle prompted by the absence of Camara may create some movement in the political system in Guinea.  The country is supposed to be holding a presidential election at the end of January and the opposition adamantly wants a civilian-run transitional government until then.

The Economic Community of West African State (ECOWAS) has called on junta to relinquish power over fears that the struggle between rival commanders will destabilize the region.  ECOWAS also called for junta to set up a transitional authority and organize elections excluding all junta members.
For more information, please see:

AP – West Africa Bloc Calls for Civilian Rule in Guinea – 6 December 2009

BBC – Guinea President “Favourable” After Head Surgery – 6 December 2009

Guardian.co.uk – West African Leaders Call for Civilian Rule in Guinea – 6 December 2009

THE WALL STREET JOURNAL – African Group Urges Guinea Transition – 6 December 2009

Impunity Watch – Guinea Leader Wounded in Shooting – 4 December 2009