The office of the War and Economic Crimes Courts (WECC) for Liberia has hit back at a selected group of civil society organizations under the banner of the "Coalition for the Establishment of WECC in Liberia and Human Rights Community of Liberia," for condemning President Joseph Boakai's appointment of Cllr. Jonathan T. Massaquoi as Executive Director of the WECC.
In a release, the WECC's office contended that its Executive Director is not conflicted by any stretch of the imagination and he has demonstrated over his fifteen years of legal practice to not only be outstanding but very ethical and professional and has not appeared before any grievance and ethics committee as being alleged by the group.
The group in a release widely circulated agreed that Cllr. Massaquoi is unqualified to head the WECC's office primarily because he provided legal representation for Madam Agnes Reeves Taylor, who was on trial in the United Kingdom for alleged war crimes during Liberia's civil war, and a war crimes indictee from Sierra Leone. Gebril Massaquoi in a Finnish Court, as well as instituting multiple lawsuits against human rights defenders and institutions, who are the lead campaigners for the establishment of the war crimes court.
The WECC's office further argued that Human Rights Advocates, who should be moral guarantors of the Constitution of Liberia in the protection of the fundamental rights of all citizens, including the right to equal opportunity for work and employment, and not only Accra Peace Accord of 2003, petitioning the Government of Liberia, to openly violate Article 21 (i), only because of self-appointing and appeasement and not on the merit of any moral and ethical breach.
The group added that the non-interference with the lawyer-client relationship, and absolute immunity from any sanctions or interference in the performance of legal services as a counselor or advocate, is not unique to Liberia but constitutes a fundament pillow of international crime law.
"The Office of War & Economic Crimes Court submits that the legal profession is the only profession/vocation that is constitutionally protected and, as such, no government can sanction or reprimand any lawyer for performing his/her constitutional duty," the office release noted.
Moreover, the release adds, "Criminal defendants have a right to a lawyer of his/her choice in a criminal case, thus creating a lawyer-client relationship in which no government agency or court of law can deprive a lawyer from holding public office. Simply put, LAWYERS ARE NOT PARTY TO A CASE!
The release argued that condemning President Boakai's appointee to the WECC has the propensity to side-track strives being made by the Country to break away from the culture of impunity, and instituting justice and accountability, which will bring closure to our belligerent past, adding, "thus setting our Country on the trajectory to the adherence of the rule of law, these very few individuals have set up themselves as side track by manifesting unsolicited ignorance of how a criminal justice system both locally and internationally works to include the role of lawyers."
Providing precedent. cases, the release said, under both the Liberian criminal justice system and the international criminal justice system allude to fundamental principles; adding, "We shall take recourse to the International Criminal Court, (ICC), and the United States of America. On February 12, 2021, Mr. Karim Ahmad Khan was elected the Chief Prosecutor of the International Criminal Court (ICC)."
The release further argued that before his election, Mr. Khan between 2006 and 2007 served as the lead defense counsel to former President, Charles Ghankay Taylor, and Mrs. Fatou Sankoh, wife of Foday Sankoh before the UN-backed Special Court for Sierra Leone (SCSL). Second, the current Associate Justice of the Federal Supreme Court of the United States of America, "Her Honor Ketanji Brown Jackson was a defense counsel for inmates at Guantanamo Bay charged with terrorism and other heinous crimes by the United States of America, and successfully representing those defendants legal interest; today she sits on the Supreme Court of the United States of America," According to the release.
They said, that to accept the faulty logic of these very few individuals and select groups of civil society organizations, Massaquoi's representation of the legal interest of persons allegedly accused of war crimes in Liberia makes him unqualified and compromised to serve as Executive Director of the Office of the War and Economic Crimes Court could equally mean that the Chief Prosecutor of the International Crime Court, Mr. Karim Ahmad Khan, and Justice Ketanji Brown Jackson are equally unqualified to occupy their current office---what a lazy and poor school of reasoning! These lawyers were performing their duties as defense attorneys.
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"Associate Justice Ketanji Brown Jackson during her confirmation on March 21, 2022, responding to this very question stated, 'Under the ethics rules that apply to lawyers, an attorney (lawyer) has a duty to represent her client's interest, refraining from contradicting her client's legal arguments and/or undermining her client's interest by publicly declaring the lawyer's disagreement with the legal position, or alleged behavior of her client...' -- what a succinct way to put it."
Meanwhile, the Office welcomes U.S. Congressman Chris Smith (R-NJ), Chair of the House Global Human Rights Subcommittee kind words on acknowledging President Boakia's timely appointment of Massaquoi as the Executive Director.
Smith says, "We can assure our partners both locally and internationally that the people of Liberia who suffered brutal human rights violations and economic crimes for many years shall get the justice they so deserve."
He added, "Office remains open to engaging with civil society organizations that are sincerely and genuinely involved in the advocacy of accountability and the rule of law in Liberia."
