Pro-War & Economic Crimes Court Groups Petition Legislature to Repeal Act Granting Immunity to Perpetrators of War Crimes, Atrocities During Liberian Civil War

MONROVIA — Pro war and economic crimes court groups including the ‘Campaigners for Justice – Citizens of Liberia’ and the ‘Global Justice Forum’ on Tuesday presented two petitions to the Legislature calling for the repealing of some of the laws that grant immunity to people who participated in the Liberian civil crisis from 1979 to 2003.

In one of the petitions, the group called on the Legislature to repeal the “Act to Grant Immunity from Both Civil and Criminal Proceedings Against all Persons within the Jurisdiction of Liberia from Acts and or Crimes Committed During the Civil Wars from December 1989 to August 2003.”

The act was passed on August 7, 2003 and printed and published into handbills on August 8, 2003 during the brief period then Vice President Moses Blah replaced his boss, former President Charles Taylor after Taylor vacated the seat to pave the way for peace during the heat of the second civil war.

In the petition, the groups said, to fully implement the Truth and Reconciliation Commission (TRC) recommendations, there is a need to nullify laws passed by participants of the wars to protect themselves.

According to the group, the composition of said government was by promotional representation of ex-warlords or ex-rebels of the various warring factions from December 1989 to August 1997.

The group said: “The calls for the implementation of the Truth and Reconciliation Commission’s Report to bring closure and set deterrent measures for atrocities that took place between 1979 to 2003 cannot be over emphasized and as such we need our Legislature to act and bring closure to this,” the group said.
“The future of the country is at stake. Therefore, we are requesting the Legislature to nullify said Act that was passed by participants of the wars to give protections to themselves.”
Amend Article 97 of Liberia’s Constitution.

In the second petition, the groups called for the amendment of Article 97 (a) and (b) of the Liberian Constitution, which gives protection to members of the People’s Redemption Council (PRC) who staged a bloody coup d’état, and overthrew the government of President William R. Tolbert.
For this to happen, the group have recommended that Article 97 a & b be put out for Referendum for nullification.
The PRC killed the President and following a ‘kangaroo’ investigation, found 13 top officials including cabinet ministers and legislators guilty of corruption and sentenced them to death by firing squad.

Article 97
A. No executive, legislative, judicial or administrative action taken by the People’s Redemption Council or by any persons, whether military or civilian, in the name of that Council pursuant to any proceedings whatsoever; and accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act.
B. No court or other tribunal shall entertain any action whatsoever instituted against the Government of Liberia, whether before or after the coming into force of this Constitution or against any person or persons who assisted in any manner whatsoever in bringing about the change of Government of Liberia on the 12th day of April, 1980, in respect of any or commission relating to or consequent upon:
C. The overthrow of the government in power in Liberia before the establishment of the People’s Redemption Council;
i. The suspension of the Constitution of Liberia of July 26, 1847;
ii. The establishment, functioning and other organs established by the People’s Redemption Council;
iii. The imposition of any penalties, including the death penalty, or the confiscation of any property by or under the authority of the People’s Redemption Council under a decree made by that Council in pursuance of but not limited to the measures undertaken by the Council to punish persons guilty of crimes and malpractices to the detriment of the Liberian nation, the people, the economy, or the public interest; and
iv. The establishment of this Constitution.

The Group’s Arguments
According to the groups, the Constitution of Liberia was at no time suspended before or during the execution of the April 12, 1980 bloody military Coup d’état, and as such, “every action: executive, legislative, judicial and administrative as covered or protected under Article 97 a & b were gross violations of Constitution of Liberia in force at the time.”
The group noted that the Implementation of the Truth and Reconciliation Commission’s report will bring closure and set deterrent measures for atrocities that took place between 1979 to 2003; and as such “we need our Legislature to act and bring closure to this. The future of the country is at stake.”