Special Court for Sierra Leone Rejects
Taylor Bid for Immunity

Washington, DC – On Monday, May 31, 2004, the Appeals Chamber of the Special Court for Sierra Leone rejected former Liberian President Charles Taylor’s claim of sovereign immunity from prosecution by the international war crimes tribunal. Taylor has been accused by the court, which was created jointly by the the United Nations and Sierra Leone, of crimes against humanity in connection with atrocities he directed during Sierra Leone’s civil war. The appeals chamber ruled that Taylor’s position as Head of State when proceedings were initiated was not a bar to prosecution by the court. While Taylor has been granted asylum in Nigeria it is reported that he is still active in Liberian politics, which would be in violation of the terms of his asylum.

Heather B. Hamilton, Vice President for Programs of Citizens for Global Solutions, welcomed the Special Court’s decision. “The people terrorized by Charles Taylor’s armies deserve justice.” She continued, “It’s time for Nigeria to respond to the requests made by other West African countries, Taylor’s victims and the Nigerian public to transfer Taylor to the Special Court for trial.”

Mr. Taylor has been in exile in Nigeria since August 2003. In May 2004, the Presidents of Guinea and Ivory Coast called for Taylor’s transfer to the Special Court, saying moves to end conflict in the region are threatened by his impunity for alleged war crimes.

Taylor’s lawyers had claimed that, as a sitting head of state at the time of his indictment in March 2003, he enjoyed immunity from prosecution under customary international law. The Appeals Chamber rejected this argument, stating that, “the principle now seems established that the sovereign equality of states does not prevent a Head of State from being prosecuted before an international criminal tribunal or court.”

Said Hamilton, “Charles Taylor is accused of 17 counts of mass rape, use of child soldiers, forced labor, widespread killings, mutilations and other crimes against humanity. This decision strongly rejects the old adage that you kill one person, they call you a murderer, but if you kill a thousand, they call you a leader. The time is past when mass murderers can take refuge behind Head of State immunity.”

The Special Court is expected to begin its first trials this Thursday, June 3, and will aim to conclude its three year mandate by the end of the year. It is vital for the Court to have Charles Taylor in custody and ready for trial before the mandate ends.

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