CharlesTaylorTrial.org (The Hague)

Liberia: Prosecutors Question Charles Taylor On His Decision To Grant Liberian Citizenship To Sierra Leonean Rebels

Prosecutors today questioned former Liberian president Charles Taylor on his decision to grant Liberian citizenship to Sierra Leonean rebel forces who relocated to Liberia in December 1999 after falling out with the Sierra Leonean rebel group's hierarchy.

Mr.  Taylor has long stated in his direct-examination that when Sierra Leone's notorious rebel commander Sam Bockarie became a hinderance to the peace process in the country and eventually fell out with Revolutionary United Front (RUF) leader Foday Sankoh, West African leaders took a decision to get Mr. Bockarie out of Sierra Leone and have him relocated to Liberia. As Mr. Bockarie departed Sierra Leone for Liberia, hundreds of his loyal rebel fighters followed him to Liberia. Prosecution witnesses have testified that Mr. Bockarie relocated to Liberia on the invitation of Mr. Taylor. The former Liberian leader has denied these assertions. Mr. Taylor has stated that upon arrival in Liberia, Mr. Bockarie and his rebel followers were all granted Liberian citizenship before Mr. Bockarie's followers were recruited into Liberia's Anti-Terrorist Unit (ATU).

During his cross-examination today, prosecution counsel Mr. Nicholas Koumjian asked Mr. Taylor under what authority he had granted Liberian citizenship to Mr. Bockarie.

"Under the constitution of Liberia and long standing practice," Mr. Taylor responded.

When the Liberian constitution was presented to Mr. Taylor, the former president referred the court to Chapter 4, Article 27, sub-sections (b) and (c) and explained that "the constitution does not spell out exactly but statutes are enacted." The former president read sub-sections (b) and (c) of the above Article of the Constitution which provide that:

b) In order to preserve, foster and maintain the positive Liberian culture, values and character, only persons who are Negroes or of Negro descent shall qualify by birth or by naturalization to be citizens of Liberia.

c) The Legislature shall, adhering to the above standard, prescribe such other qualification criteria for and the procedures by which naturalization may be obtained.

Mr. Taylor told the court that "based on those provisions and the legal advise that i received and based on long standing practice from President Tubman, I had the right to grant citizenship."

Mr. Koumjian refered Mr. Taylor to a document titled An Act to Establish Citizenship and Naturalization Law of 1973 and amended in 1974.

Mr. Taylor immediately raised concerns about the document, saying "I don't know when this document was published. Laws are amended but at the time i was president and the legal advise that was given to me was this particular practice and so i'll want to look at the Title 3 of the Liberian Code of Laws of 1956.

Justice Julia Sebutinde intervened to say that the 1973 Act (as amended in 1974) makes clear that Title 3 had been repealed and was replaced by Title 4.

Reading from Article 21 of the 1973 Act (as amended in 1974), Mr. Koumjian explained that sub-sections (a) and (b) make clear that a person becomes qualified for naturalization as a Liberian citizen if he has maintained continued lawful residence in the country for at least two years, and that the person has resided in the country from the day of filing the petition to the day the citizenship is granted.

"I am not a lawyer. I was president. I was given legal advise by my lawyers. So it's unfair for me to answer questions on these legal documents when i am not a lawyer," Mr. Taylor responded.

Mr. Taylor further explained that exceptional circumstances gave the president the power to grant citenzenship to certain persons and that "it was within the context of peace in Sierra Leone that these exceptional circumstances arose."

Mr. Koumjian also read provisions of Liberian laws that for a person to be lawfully admitted into the country, he must have "been and still is of good moral character in accordance with the constitution of Liberia."

"Do you consider Mr. Bockarie to be of good moral character?" Mr. Koumjian asked Mr. Taylor.

"I cannot pass that judgment. Under normal circumstances, I'll say no but under exceptional circumstances, I am not in a position to make that judgment," Mr. Taylor responded.

When asked by the presiding judge Justice Richard Lussick to give a more direct answer to the question, Mr. Taylor said "I'll say he was a person of good moral background."

The former president,however, added that "I did not look at that. I did not evaluate him on that background but the circumstances on which he entered Liberia."

Mr. Koumjian further read that thepresident can waive the two years residency requirement for naturalization but the person for whom the provision is waived will still be required to "make and file a petition with his own handwriting" and sign a declaration that he does not favour anarchy and wishes to become a citizen of Liberia.

"Did Mr. Bockarie sign a declaration?" Mr. Koumjian asked Mr. Taylor.

"I don't know. I had an advise from the Ministry of Justice that I had the authority to do this. I had to assume that they filed a declaration of intention," the former president responded.

Asked further whether Mr. Bockarie took an "oath of allegiance" as required by law, Mr. Taylor said that "I'll assume that he did so with the appropriate agencies of government."

In proving their case that Mr. Taylor occupied a position of superior authority over RUF rebels, prosecutors have led evidence on the relationship that existed between the former Liberian president and RUF commander Mr. Bockarie. Prosecution witnesses have testified that Mr. Bockarie consulted Mr. Taylor before undertaking any major operation in Sierra Leone and that based on the former president's advice, Mr. Bockarie sent rebel forces to attack the diamond mines in Sierra Leone as well as the country's capital Freetown in 1998 and 1999 respectively. Witnesses have further testified that when Mr. Bockarie fell out with the RUF leadership in December 1999, Mr. Taylor invited him to Liberia because he had better use for him. According to witness' testimonies, Mr. Taylor sent Mr. Bockarie to attack Ivory Coast and when the rebel commander attempted to return to Liberia after his assignment in Ivory Coast, he was executed by Liberian forces on Mr. Taylor's orders. Mr. Taylor has dismissed these claims as "lies."

Also in cross-examination today, prosecutors sought to present several documents to impeach Mr. Taylor's credibility as a witness. This action was taken pursuant to the Trial Chamber's decision issued yesterday which granted the prosecution's request to submit "new documents"  but only to impeach Mr. Taylor's credibility. The judges added that every document will be dealt with on a "case-by-case" basis. The judgment further ordered that any "new document" that goes to point at the guilt of the accused must be disclosed to the defense before it can be used. When the prosecutoin attempted to use certain documents today in order to impeach Mr. Taylor's credibility, the former president's defense counsel raised objections after objections, arguing that the said documents pointed to the guilt of Mr. Taylor and must therefore be disclosed to the defense before they can be used. On almost all of the objections, the judges ruled in favor of the defense, stopping the prosecution from using said documents. The documents included records from the Liberian Bank for Development and Investment (LBDI) suggesting that Mr. Taylor had money stored in the bank, newspaper report on Mr. Taylor's 1997 wedding with names of his close associates who served as his Best Men and Grooms Men, as well as new literature which pointed to the use of child soldiers by Mr. Taylor's National Patriotic Front of Liberia (NPFL). These documents, the judges agreed with the defense, were "probative to the guilt of the accused." The documents were eventually withdrawn by the prosecution.

Earlier in the day, Mr. Taylor's defense counsel raised concerns that the prosecution were conducting Mr. Taylor's cross-examination like a "relay" wherein lead prosecutor Ms. Brenda Hollis will conduct the cross-examination on particular days while Mr. Koumjian will step in on other days. Mr. Koumjian explained that Ms. Hollis had stayed in the office to put together the documents that were to be disclosed to the defense.

Mr. Taylor is on trial for his alleged role in supporting RUF rebels who waged an 11-years rebel war in Sierra Leone. Crimes committed by the rebels ranged from amputation of civilian limbs, to rape, recruitment of child soldiers and murder. Mr. Taylor is accused of involvement in a joint criminal enterprise with the RUF rebels. He has denied all the allegations against him.

Mr. Taylor's testimony continues tomorrow.


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Comments 1 to 5 of 12 Post a comment

  • handj2be
    Dec 3 2009, 08:18

    Ladies and gentlemen, this is it!!! The prosecutors are putting the puzzles together, they are nailing your former bandit president of Liberia. The Liberians used to sing, "you killed my father, you killed my mother, i will vote for you". Taylor's rebels forces, while raping women and their young daughters, used to sing," Charles Taylor's moral is his eyes, it can not get cold". Those of you wicked Liberians, were is the moral now? most of you failed to realized that God does not like wickedness. I just want to assure those of you Charles Taylor's supporters that your boss is at the point of no " RETURN". His days were numbered, the time has come for him to pay for his evil deeds committed against the innocent people of Liberia and Sierra Leone. I also believe 1000% that only Charles Taylor's rebels,the metally retarded, insane, and the sick-minded person will disagree with this comment.

  • Liberians united for action (LUFA)
    Dec 4 2009, 01:43

    The conduct of Liberian politics gives the President a freehand to conduct foreign policy and exercise executive prerogatives on matters of granting citizenship. The constitution of liberia states that only people of negroe descent may be acitizen. It was the intention of the framers of the constitution to relax the acquisition of citizenship for Africans. When it comes o Sierra Leoneans gaining Liberian citzenship, Liberians are not usually bothered or officious. After all Sierra Leoneans are seen as brothers and sisters of Liberians. Try asking President Sirleaf whether Prof. Al hassan Conteh took an oath before he gained Liberian citizenship not to mention before he was appointed Liberia”s Ambassador to the Federal republic of Nigeria. There are many Sierra leoneans in high places in Liberia today who simply integrated into the Liberian society riding on tribal linkages and became Liberians. Sme of them are holding dual citizenship. Liberian do not mind. More importantly, The case at bar is not about how Taylor ruled Liberia. I dont see why the prosecution raised the issue of granting citizenship to Sam Bockarie to undesrcore that Taylor violated the Liberian law by the gesture..Under the circumstance that ECOWAS had asked Taylor to persuade Bockarie and others to leave Sierra Leone so that the peace process in that country would succeed, it was wise for Taylor to do everything to persuade Bockarie and indeed make him comfortable in Liberia -especially if he did not return to Sierra Leone, where he was seen as atrouble maker. The prosecution must establish that President Taylor was the superior repondeant to RUF. The prosecution should prove that even though Isa Sesay was the leader of RUF, actual power resided in Bockarie while he was in Liberia. The prosecution should prove that the RUF did not have a command structure excluding President Taylor, and indeed the RUF commanders did not have a sense of direction, they were mere bufoon who needed Taylor to direct them in the revolutionary course. If other leaders of the world are juidged by the same reason that because Taylor allegedly supported the RUF he bears the gretest responsibility for their crimes, many other leaders including Museveni for supporting Rwandan rebels, Kabbah for supporting LURD in Liberia, Guinea’s conte for supporting ULIMO in the war against Taylor, Goerge Bush for supporting LURD against Taylor, Campoare for supporting the force nuevelle in Cote d”Ivoire, Kharma of Botswana for supporting the MDC in Zimbabwe against Mugabe, etc will be in the dock today.

  • Judgement09
    Dec 4 2009, 13:40

    Hey LUFA folks because I don't your name but please stop embarrassing my beloved country Liberia. There is a constitution in Liberia and the President is elected to obey the constitution. It's insulting that Taylor as a president is claiming ignorance of the very constitution he pledged to defend. You guys that are supporting this criminal call Taylor should be praying for mercy and stop all this nonsense that is being published on this website. Taylor is a disgrace to our country and mankind. He and his bandits unleached untold suffering on his own people and our belove neighbors. There is no justification for such madness. It's hard to admit but Most of us (Liberians) lack principle and sound judgment. How can you justify people hailing a murderer by saying I will vote for you despite you kill my parents? It's only the lunatic will say such thing. From your posting,it's evident that you are once more displaying your blind loyalty in cause of defending our country. Taylor committed these acts against the people of Sierra Leaon and Liberia and he has to pay the price for it. So stop all your nonsense and stop making Liberians look like fools in the eyes of intelligent people. I'm a Liberian from Grand Kru county, just in case you want to question my nationality.

  • Liberians united for action (LUFA)
    Dec 5 2009, 04:28

    First of all iam not going to ague with you. I already know your stand point. We have been siting for 6 six years to see evidence to convit mr taylor, nothing! total nonsense. What we are talking about is knowledge off. We know our system is repeatable., you know that.Don't act as is you dont know about sierra leoneans in our belove country since 1985. We can say they form part of our problem by arming and supporting liberians. Wait for the court rulling... You may be liberian by birth but not by heart. You as a LPC man, Did this happen to your own people in that south eastern region.Why are you blaming taylor for the choping of hands in sierra leone. sierra leoneans are ignorant people who dont know right from wrong? Even if taylor supported ruf, While liberians are not known for these crimes.sierra leone don't want the world to know that they are brutal people.. They should leave the mann alone!

  • Aki
    Dec 6 2009, 03:25

    The court's name should be changed to. " NOW THAT WE DO NOT HAVE EVIDENCE AGAINST MR. TAYLOR IN SIERRA LEONE LEONE LET'S TRY HIM FOR LIBERIA"

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