MONROVIA – The Liberia National Bar Association has made no secrets about supporting the establishment of a war and economic crimes court for Liberia. The bar through its representation at the Senate hearing Wednesday said, it was a decision made at its Kakata convention.
Cllr. Augustine Toe who represented the Bar further warned that because the position of the bar is to champion such cause, all lawyers regardless of where they find themselves are under obligation to support the BAR’s position and anything contrary will be considered a betrayal.
“At the LNBA general assembly held in Kakata, Margibi County in 2019 we decided through a resolution to champion the establishment of the war and economic crimes court. The implication is that all lawyers in the Republic of Liberia including legislators who are lawyers resolved to support the championing of the war and economic crimes court.
“This is an obligation that all lawyers must obey. This position can only be changed at another national assembly of the LNBA. Any position taken by a lawyer that is contrary to this position is a betrayal the
that undermines the implementation of the recommendations of the TRC.
“This is a diversionary path that has an intention of undermining the process by delaying the implementation of the recommendations of the TRC. To deviate is a diversionary and reversionary path that has no potential of national healing and could lead to another crisis in Liberia.”
In response to Cllr. Augustine Toe’s assertion Senator, Cllr. Varney Sherman of Grand Cape Mount County, openly disclosed his opposition to the assertion that as a lawyer he was under obligation to support the Bar’s position to champion the establishment of war and economic crimes court.
On the issue of a Transitional Justice Commission, Cllr. Toe claimed there’s no justification for such because, according to him, the TRC has done what the Transitional Justice Commission would be doing. “No justification for the establishment of a Transitional Justice commission.”
They appeared to provide their views and expert opinions on the recommendations of the Leadership as it relates to the setting up of a Transitional Justice Commission (TJC) to perform the below task, which should include, but not limited to the following:
To determine whether the TRC fully complied with its statutory mandate, such as face to face meeting between perpetrators of crimes and other offenses and their respective victims;
To determine why the TRC Recommendations have not been fully and timely implemented;
To examine the effect of the August 2003 Act of the Legislature, which granted general amnesty to all participants in the Liberian civil crisis;
To analyze credibility/legitimacy issues surrounding the Final Report of the TRC in respect of the fact that two (2) of the Commissioners did not sign the Final Report, but instead presented a dissenting report;
To examine the effect of the ratification/accession of Liberia to the Rome Statute in 2004 (after the end of the Liberian civil crisis) on the establishment of a War Crimes Court;
To consider the separation of the establishment of a War Crimes Court, which has international dimension, from the establishment of an Economic Crimes Court, which already exists within Liberia’s Judiciary and for which prosecution can take place using domestic laws;
To consider the effect of the Constitution of the Republic of Liberia and other legal implications of prosecuting war crimes at a War Crimes Court, when domestic laws and criminal courts for the same offenses exist and to also consider the Constitutional implications of appeals from decisions of the War Crimes Court, as the Constitution provides that the Supreme Court is the final arbiter of all legal proceedings and every person has absolute and unfettered right of appeal to the Supreme Court;
To review the works and recommendations of the TRC, where necessary, and make additional recommendations when necessary, such as how far back in Liberia’s history should the Transitional Justice process go; and
To plan and implement programs and activities to solicit the opinion of the majority of Liberians on the issue of retributive justice versus restorative justice (War Crimes Court, South African style Truth and Reconciliation Commission, etc.)