7 December 2006
The US Department of Justice, yesterday, took a major step against impunity for atrocities in bringing its first-ever criminal charges for torture committed outside the United States, a Human Rights Watch statement said.
The Justice Department indicted Charles "Chuckie" Taylor, Jr., son of the former Liberian president who currently in custody in Miami, for torture committed in Liberia.
A federal grand jury said the torture took place in Liberia during the period of 1997 to 2003. According to information and research by Human Rights Watch and other organizations, the Boston-born Chuckie Taylor, who is a US citizen, is linked to torture and war crimes committed in Liberia when he headed a security unit under the presidency of his father, Charles Taylor.
Chuckie Taylor has been in federal custody in Miami since March 30 when he was arrested at Miami International Airport and charged with a passport violation.
"Today's first-ever charges for torture committed abroad are a crucial step by the US government to ensure justice for this crime," said Elise Keppler, counsel with Human Rights Watch's International Justice Program. "It is especially significant for Liberian victims of Chuckie Taylor's alleged abuses. After years of civil war, Liberia's justice system is in no shape to pursue this type of case."
Federal law makes it a crime prosecutable in the United States for a US citizen to commit torture and war crimes abroad (18 USC sections 2340A and 2441), although no one has ever been prosecuted under either of these laws to date.
"We welcome the crucial step taken by the Justice Department in bringing its first-ever charges for torture committed abroad. Given Chuckie Taylor's links to serious human rights abuses in Liberia, this indictment is especially significant for victims there.
After years of civil war, serious human rights abuses in Liberia, this indictment is especially significant for victims there. After years of civil war, the Liberian justice system is in no shape to pursue this type of case," said Elise Keppler, International Justice Counsel.
Chuckie Taylor led the elite Anti-Terrorist Unit (ATU) from approximately 1997 through at least 2002 when information suggests that the unit committed torture, including various violent assaults, rape, beating people to death and burning civilians alive.
Information collected by Human Rights Watch suggests that the ATU, a pro-government military unit, also committed war crimes during Liberia's armed conflict from 1999 to 2003. In the years that Chuckie Taylor headed the unit, these war crimes included extrajudicial killing of civilians and prisoners, rape and other torture, abduction, and the recruitment of child soldiers.
His father, former Liberian President Charles Taylor, is currently facing trial by the United Nations-backed Special Court for Sierra Leone on charges of war crimes and crimes against humanity committed during the conflict in Sierra Leone, which lasted from 1991 until 2002.
"Enforcement of federal laws on torture committed abroad is long overdue," said Keppler. "The question is now whether the federal authorities are willing to apply the law against others. Particularly for the sake of victims, the indictment against Chuckie Taylor on torture should be the first of many cases of this kind."
In May, the United Nations Committee Against Torture expressed concern about the lack of prosecutions under the US federal torture statute. After being taken into US custody in March, Chuckie Taylor was charged with lying about the identity of his father on a US passport application. He pleaded guilty on September 15 to this charge and is scheduled to be sentenced for the offense on December 7.
Human Rights Watch submitted a memorandum to the Department of Justice on serious abuses in which Chuckie Taylor is implicated. The memorandum included Human Rights Watch's research and information from other human rights organizations, along with other open-source material.
Since that time, Human Rights Watch has provided additional information to the Department of Justice to underscore the need for investigation and prosecution of Chuckie Taylor on torture and war crimes under federal law (18 USC sections 2340A and 2441).
Meanwhile several international and local human rights organizations have hailed the indictment of Chuckie Taylor on the war crime charge of torture as a significant milestone in the pursuit of justice.
"The indictment today clearly indicates that there will be no hiding place and refuge for all those who in their vain quest for power, privilege and wealth immorally acquired same at the expense of the blood, sweat and tears of our citizens," said a Green Advocate press release issued late last night.
The Liberian pro-democracy and human rights group said it extended its appreciation to its international civil society partners whose consistent campaign aided with grass root information from many local Liberian activist as well as ordinary citizens help to inform the U.S. grand jury's decision.
"We continue to remind all and sundry that temporary flight is possible but justice will triumph in the long run," the release noted.
Also speaking on the indictment, the Center for Justice & Accountability (CJA) said it applauds the indictment of Charles "Chuckie" Taylor, Jr., on criminal torture charges. "This case is particularly significant because it represents the first time that the U.S. government has filed a prosecution under a criminal torture statute that has been on the books since 1994," a CJA spokesperson said.
CJA has been investigating Taylor since his arrest on passport fraud charges in March and represents an individual who was personally tortured by Chuckie Taylor. CJA client is eager to see Chuckie Taylor successfully prosecuted.
CJA Executive Director, Pamela Merchant, had this to say, "This case is also important because of the long relationship between the US and Liberia. We are encouraged to see the US gov't seeking accountability for the vicious atrocities Chuckie Taylor committed in Liberia; we hope to see similar prosecutions in the future."
CJA is a San Francisco-based non-profit organization that works to deter torture and other severe human rights abuses through impact litigation, education and outreach.
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