No Immunity for Charles Taylor, Says Special Court For Sierra Leone

Human Rights First urges Nigeria to bring Taylor to justice

NEW YORK, May 31, 2004 - Nigeria must respond to the Special Court for Sierra Leone's rejection of former Liberian President Charles Taylor's claim of immunity, and promptly surrender Taylor to the Court, says Human Rights First.

Today, the Appeals Chamber of the Special Court for Sierra Leone upheld the indictment and warrant for Charles Taylor's arrest, denying a challenge to their validity by Taylor's lawyers on the basis of a claim of head of state immunity.

The Court's President, Judge Emmanuel Ayoola stated, "We hold that the official position of the Applicant [Charles Taylor] as an incumbent Head of State at the time when these criminal proceedings were initiated against him is not a bar to his prosecution by this Court." Taylor "was and is subject to criminal proceedings before the Special Court for Sierra Leone."

Taylor was indicted by the Special Court for Sierra Leone in March 2003 on charges of crimes against humanity and war crimes, but remains at large under Nigerian protection. He has resided in the eastern Nigerian town of Calabar for most of the period since he resigned as president and departed Liberia in August 2003.

"Following today's decision, there is no excuse for Nigeria to continue harboring Charles Taylor," said Fiona McKay, director of Human Rights First's International Justice Program. "His indictment for gross criminal acts stands, and he should face trial without delay."

Nigeria's failure to hand over Taylor to the Special Court for Sierra Leone defies resolutions of the U.N. Security Council urging all states to cooperate with the Court. Nigeria has obligations under international law to cooperate in bringing to justice those accused of gross violations, and is in fact a member of the Sierra Leone Special Court's Management Committee, a body whose specific duties include encouraging state cooperation with the Court.

Nigeria additionally faces domestic opposition to its failure to bring Taylor to justice. Both the Nigerian Bar Association and Union of Journalists have condemned Nigeria's complicity in Taylor's impunity.

The United States, in turn, should publicly urge Nigeria to surrender Taylor for prosecution. It has failed to do so to date, even though it is a major financial supporter of the Special Court.

U.S. silence sends the wrong signal to Nigeria. "Taylor's presence in Nigeria is an affront to victims of the criminal violence in Sierra Leone," said McKay. "Without Taylor, the Court is unable to fulfill its mandate to try persons alleged to bear the greatest responsibility for serious crimes committed during the conflict in Sierra Leone."

The Special Court for Sierra Leone was established in 2002 on the basis of an agreement between the U.N. and Sierra Leone. The Court's duty is to prosecute those who bear the greatest responsibility for serious crimes under international law and Sierra Leonean law perpetrated since 1996 in Sierra Leone. Eleven individuals currently stand indicted by the Special Court, and nine of these indictees are currently in pre-trial detention. The Court's first trial is scheduled to begin later this week at its recently completed courthouse in Freetown, the capital of Sierra Leone.

Urge Nigeria to Bring Charles Taylor to Justice