Sierra Leone Court Questions on Blacked Out Purported Dissent and on Restitution

By Matthew Russell Lee

UNITED NATIONS, October 9 -- After the UN Security Council heard a briefing Tuesday about the Special Court for Sierra Leone, Inner City Press asked the Court's President, Registrar and Prosecutor why no forfeiture of Charles Taylor's assets had even been sought, and how the purported dissent of Alternate Judge El Hadji Malick Sow was being handled. Video here, from Minute 57:38.

   Back on April 26, 2012 after the Taylor judgment was read out by Presiding Judge Richard Lussick, Alternate Judge Malick Sow began to declaim what he called a dissent, stating in part that there has been "no... deliberations."

   But the microphone was turned off, the spectators' view then blocked.

   Inner City Press asked the panel on Tuesday if some formal inquiry would be made into what he had alleged.

   The Court's President, Justice Shireen Avis Fisher, told Inner City Press that since she is "sitting on the case, so there is no way I can speak to them" - the issues raised by Alternate Judge Malick Sow or why no forfeiture was sought.

   The Court's Registrar Binta Mansaray told Inner City Press, "I can speak in a limited fashion. As far as Taylor funds are concerned, efforts have been made to track those funds. In terms of the dissent by the alternate judge, I won't comment, because that is going to be a part of the defense appeal. But I would like to put on record, there is a right to dissent, if they have the right of dissent or concurring."

   Inner City Press thanked the Registrar, but followed up about Alternate Judge Malick Sow's statement that the judges on the case had not engaged in any, or any substantial, deliberations.

    The Court's prosecutor Brenda Hollis began to answer. Secretary General Ban Ki-moon's spokesman Martin Nesirky said, "I think it's been made clear, it is a continuing case, I think you understand that given your own legal training."

   When Prosecutor Hollis answered Inner City Press' restitution question, she said "on forfeiture, it was my office that looked carefully at it, in our court and in the other international ad hoc courts, you have to tie the asset or property back to what was taken, or the proceeds, we were unable to make that evidentiary link... There is a UN panel of experts on asset freeze since 2000, they have been unable with all the powers the UN has to trace those assets. There are some reparations scheme you don't have to make that link. With us, you had to make that link."

  Regarding the transcript or transcripts of what Alternate Judge Malick Sow said, Prosecutor Hollis argued, "you have the word no then the symbol for a missing word, and we don't know what it is."

  But is that any way to run a court, or the reading of a judgment like that of Charles Taylor? When might Alternate Judge Malick Sow take questions on this? Watch this site.

Alleged Sex Crimes of Dead UN Liberia Staffer Raised in Council, U.S. Awaits Results

By Matthew Russell Lee
www.innercitypress.com/usun1liberia090909.html

UNITED NATIONS, September 9 -- The American civilian employee of the UN Mission in Liberia accused of child sexual abuse until his recent and still mysterious death, Dale Fosnight, was belatedly a topic of discussion in and around the UN Security Council on September 9. Inner City Press asked U.S. Ambassador Susan Rice, the Council's president for the month, for her views of the accusations against her country's national, and then asked the UN's head of Mission Ellen Loj for an update on the case.

She said the body was flown to Accra, Ghana for an autopsy, accompanied by the Liberian National Police, whose investigation remains ongoing. She denied, however, that she or anyone she knows in the UN had heard of similar allegations against Mr. Fosnight in Sierra Leone, as has been reported in the local press. Inner City Press asked Ambassador Rice, as transcribed by the UN Mission:

Inner City press: one other thing on Liberia. There is this case where an American civilian employee of UNMIL (inaudible) was under investigation for child sexual abuse while employed by UNMIL -- (inaudible) -- is that something that, I guess, as the U.S. with your interest in peacekeeping, are you aware of that case? And what do you think the U.N. should do to make sure -- (inaudible) --

Ambassador Rice: Well, Ambassador Loj did refer to that in her briefing to the Council. Obviously, the U.S. is gravely concerned about any allegations of sexual violence or abuse. And we take them very seriously. We understand that the government of Liberia and UNMIL are currently investigating those allegations and we await their findings.

Inner City Press asked Ellen Loj for an update on the case. She said "the investigation has been continued... after he passed away, unfortunately. I don't have the investigation done by OIOS yet. I have no knowledge and have not heard anyone in the UN [aware of] similar activities in Sierra Leone, but I'm sure it's part of the LNP [Liberia National Police] investigation."

When she said that the body had been transferred to Accra for autopsy, Inner City Press asked why. Ms. Loj said that until a year ago, Liberia had not capacity. Now they have a former UNMIL staffer, she said, employed by the World Bank.

So again: why was the autopsy not done in Liberia? Loj said she hadn't seen the results of that, either, adding that even she she has she might not speak to the press. The U.S. says they are awaiting the findings. But will the U.S., which speaks of zero tolerance and of transparency, make the findings public? Watch this site.

Footnote: In light of the U.S. statements about the end of impunity and those who have supported war criminals, Inner City Press asked:

Inner City Press: On Liberia, was there any discussion and what does the U.S. think of the truth and reconciliation commission? They were saying that Ellen Johnson Sirleaf should not be involved in public life for 30 years for having supported Charles Taylor. What's the UN, what is the Council's position, and what is the U.S.'s position on that?

Ambassador Rice: Well, the Council didn't discuss that in depth. I think we all recognize that President Johnson Sirleaf is the legitimately elected president of Liberia. The Council expressed strong support, members did in the broadest terms of the government of Liberia's efforts to improve the security situation, strengthen the security sector, enhance the rule of law and implement its poverty reduction and development strategy.

Repurcussions for having supported Charles Taylor, anyone?

And see, www.innercitypress.com/usun1liberia090909.html

At UN, Rapp Raps on Taylor Trial, Dodges on Johnson Sirleaf and Obama War Crimes Post

By Matthew Russell Lee
www.innercitypress.com/un1rapp071609.html

UNITED NATIONS, July 16 -- Already nominated to become President Obama's Ambassador at Large for War Crimes, Iowan Stephen Rapp came to the UN on July 16 to cautiously discuss the Charles Taylor trial ongoing at the Special Court for Sierra Leone in The Hague. In a nine-minute stakeout interview which only Inner City Press attended -- call it an exclusive -- Rapp and the Court's President Renate Winter took five questions and answer three and a half. Video here.

Inner City Press asked about the 227 witnesses that Taylor has called for his defense. Will the prosecution be trying to whittle the list down? Renate Winter said that will be up to the presiding judge. Rapp noted that in the case of the interim leader of the RUF, the defense named 330 possible witnesses and ended up calling 59.

Inner City Press asked about the missing and perhaps dead indictee Johnny Paul Koroma. Rapp said that either an internationalized court could be set up within the judicial system of Sierra Leone -- but then amnesty might apply -- or that the case could be transferred to other countries which would have jurisdiction. He said that discussion have begun with two such countries, which he would not name.

Since the recent press coverage of the trial has revolved around the skulls Taylor acknowledges authorizing his forces to display at roadblocks, Inner City Press asked what probative value if any this might have, and if Rapp thinks the media is focused on the wrong things at the trial. Rapp said he will not comment on anything under judicial consideration, but that skulls could constitute a "gruesome display of human remains" and have some probative value.

As it has asked Ban Ki-moon's spokesperson, the UN envoy to West African Said Djinnet and Congo envoy Alan Doss, Inner City Press asked Rapp to comment on the Liberian Truth and Reconciliation Commission's recommendation that President Ellen Johnson Sirleaf be barred from public life for thirty years, in part for providing financial support to Charles Taylor. Rapp said "what happened in Liberia... is up to Liberians," and noted that Liberia's parliament must consider the TRC's recommendations.

Now that Rapp has been nominated for his new U.S. job, Inner City Press asked Renate Winter what provisions are being made to replace him. She said there will not be a day with out a prosecutor. Rapp added that if he is confirmed by the U.S. Senate, he will begin arranging for a transition, seeing how much notice he should provide.

Rapp is a lawyer's lawyer, but whether his soft spoken style is best suited for the Obama Administration's Ambassador at Large for War Crimes, as the Administration considers joining the International Criminal Court, remains to be seen. The fact that only one reporter waited to question him even after the nomination speaks either to lameness within the UN press corps, or to a perceived lack of news value. Rapp knows the system, and could well advise a more public face of the fight against impunity.

And see, www.innercitypress.com/un1rapp071609.html

Amid Liberian Calls to Bar Johnson Sirleaf, UN Says Nothing Except TRC Not At Risk

Byline: Matthew Russell Lee of Inner City Press at UN
www.innercitypress.com/trc1sirleaf070809.html

UNITED NATIONS, July 8 -- The UN system has praised both the Liberia truth and reconciliation commission and Liberian president Ellen Johnson Sirleaf. Now the commission has recommended that Johnson Sirleaf be barred from public office for thirty years, in part because she supported indicted war criminal Charles Taylor, including financially.

Inner City Press on July 7 asked UN Secretary General Ban Ki-moon's Spokesperson Michele Montas if Mr. Ban or the UN Mission in Liberia have any response to the recommendation, given both the UN's central role in Liberia and Sierra Leone and previous statements about Ms. Johnson Sirleaf. It is up to the Liberians," Ms. Montas said, "not for the UN to decide." Video here, from Minute 16:56.

From the UN's transcript:

Inner City Press: The Liberian Truth and Reconciliation Commission has recommended that President [Ellen] Johnson-Sirleaf be barred from public office for 30 years for having supported Charles Taylor, including economically. Does the… given the central role in Liberia and Sierra Leone, what does the UN think of this recommendation?

Spokesperson Montas: This is a report of the Truth and Reconciliation Commission of Liberia, and the UN mission in Liberia (UNMIL) has received the draft of the Commission’s report. It will be up to the Liberians to determine how they want to take forward the reconciliation process. It is not for the UN to decide; it is for the Liberians to decide.

Inner City Press: What about the issue… because I have seen a lot of UN statements very laudatory of President Johnson-Sirleaf. She has acknowledged apparently giving $10,000 to Charles Taylor rebels at the time. Does that change the UN’s opinion at all?

Spokesperson Montas: I will not comment on this.

But the UN, particularly the UN Development Program, has supported Johnson Sirleaf including in her campaigns. Given reports that she gave $10,000 to Taylor's forces, which recruited child soldiers and cut off limps, shouldn't the UN have something to say now?

Inner City Press asked UN envoy to West African Said Djinnet, was briefing the Security Council on Tuesday morning, what he thought of the recommendation. Mr. Djinit declined to comment, noting that there is a UN Mission in Liberia, UNMIL. Inner City Press then asked Djinnit directly about what Inner City Press has quoted an African Ambassador as saying, that the UN offered Djinnit as a possible replacement for Rodolphe Adada in Darfur. Djinnit laughed and pointed at his ear.

On July 8, Inner City Press asked Ms Montas if the UN will be responding to the call by the Liberian Human Rights Campaign that UNMIL provided protection to the members of the Truth and Reconciliation Commission.

Ms. Montas wasn't sure; later in the day, UN Police Advisor Andrew Hughes answered Inner City Press by saying he wasn't the right person to ask. Said Djinnit thanked Inner City Press for not asking in public about the possible Darfur post. (Separately, a concerned diplomat told Inner City Press that "the West" likes Djinnet.) And then the following arrived:

Subj: Liberia and TRC Commissioners
From: unspokesperson-donotreply [at] un.org
To: Inner City Press
Sent: 7/8/2009 3:27:25 P.M. Eastern Standard Time

Regarding your question at today's Noon Briefing regarding Liberia and the TRC Commissioners: UNMIL already supports the Liberia National Police, (LNP) in the police's primary responsibility for ensuring day-to-day civil security in Liberia.Currently, there is no credible evidence of threats to any member(s) of the Truth and Reconciliation Commission (TRC). If any such threat was made, UNMIL, in support of the LNP, would be available to assist in the protection of TRC Commissioners. To date, no requests for additional security support have been made by the TRC Commissioners.

But still not comment by the UN about the recommendation of the TRC Commissioners. Some rule of law...

And see, www.innercitypress.com/trc1sirleaf070809.html

As Charles Taylor Case Winds Down, Africa-Only Focus Clouds ICC's Future

Byline: Matthew Russell Lee of Inner City Press at UN
www.innercitypress.com/un1justrapp020209.html

UNITED NATIONS, February 2 -- The prosecutor of Charles Taylor came Monday to New York to brag about this case, a full year before he expects a verdict. Charles Rapp, previously with the International Criminal Tribunal on Rwanda, said he expects a motion to dismiss but predicted it will be rejected by the judges of the Special Court for Sierra Leone.

Inner City Press asked about defense arguments that prospective defense witnesses are afraid of being put on the UN's travel ban and asset freeze lists. Rapp was dismissive of this as well, saying that those already on the lists can, upon notice, travel to testify. But what about those not on the list, who think that any open testimony in support of Taylor's defense would land them on the list? Rapp did not answer this. Video here, from Minute 10:57.

Inner City Press asked about the impact of the conviction, in Federal court in Miami, of Taylor's son for torture. Rapp said this helps give assurance that Liberia will remain "Taylor-free," as he put it. He noted that there were two witnesses in the U.S. torture trial who brought "Sierra Leone" facts to the case otherwise about torture in Liberia itself, including a Sierra Leonean rebel who had fled to Liberia.

Broader, Inner City Press asked Rapp to respond to the criticism, most recently by the African Union's Jean Ping, that international criminal justice is disproportionately targeted at Africa, and excludes, in the four examples Ping gave, Gaza, Georgia, Colombia and Iraq. Rapp first defended his court, pointing out that other than Taylor, the other defendants were tried in Africa. Then he went broader, arguing both that since more African nations than others joined the International Criminal Court, the result was to be expected, and that the ICC's first three cases were "on invitation" by the Congo, Uganda and the Central African Republic. Video here, from Minute 20:25.

But ICC prosecutor Jose Moreno Ocampo has bragged that he invited the African leaders to refer these cases to him. To respond to an African critique by saying, African nations joined, brings up the possibility of countries deciding to unjoin. Moreno Ocampo has said he is looking at Colombia, but he's also said he's impressed with Colombian justice. Now ICC indictee Bosco Ntaganda has appeared at a press confernce with Congolese officials, and appears on the verge of being integrated into the Congolese Army. Where is Moreno Ocampo? As he reportedly bungles the Congo's Lubanga case, his eyes are on Sudan.

And see, www.innercitypress.com/un1justrapp020209.html

Buyers of Blood Diamonds from Charles Taylor Won't Face Justice from UN's Sierra Leone Court

Byline: Matthew Russell Lee of Inner City Press at UN
www.innercitypress.com/un2diamonds012208.html

UNITED NATIONS, January 22 -- Charles Taylor directed slave labor to mine diamonds in Sierra Leone and kept and sold more than one thousand diamonds, his prosecutor Charles Rapp told reporters on Tuesday. Inner City Press asked, what about holding those who bought the diamonds accountable? It has been reported that throughout the 1990s, the volume of diamonds purchased from Liberia was twenty-four times that nation's known output. Just where did the purchasers think the carats were coming from?

Rapp said such prosecutions are difficult, requiring a showing of "actual knowledge and affirmative acts." He pointed to the conviction for economic but not war crimes of Guus Kouwenhoven, who was Taylor's timber-man, controlling half of the hardwood in Liberia. Rapp said that on appeal, the Dutch prosecutors can put in more evidence and will. But apparently, the Special Court for Sierra Leone will not be indicting any corporations or corporate interests. For them, impunity continues.

Rapp says he will prove that in 1998, Taylor gave an order to "take and hold" diamond fields in Sierra Leone. He said it was unimportant whether the motive to start the war was diamonds, or if their importance only because known later. He said there are documents of a transfer of 1700 diamonds to Taylor, two to three hundred of which went into buying war materiel, the rest that Taylor kept for himself. For this, he said, Taylor can be charged with pillage. It would be a "challenge," Rapp said, to "locate his resources." In fact, Taylor's legal costs are being paid.

Rapp announced that Canada had earlier in the day pledged five million dollars to the Special Court. We'll see.

And see, www.innercitypress.com/un2diamonds012208.html