The transcripts of the trial of Charles Taylor, former President of Liberia. More…

Thank you, Your Honour.

Amended Indictment. The Prosecutor for the Special Court for Sierra Leone under Article 15 of the Statute of the Special Court for Sierra Leone, the Statute charges:

Charles Ghankay Taylor aka Dankpannah Charles Ghankay Taylor aka Dankpannah Charles Ghankay Macarthur Taylor with crimes against humanity, violation of Article 3 common to the Geneva Conventions and Additional Protocol II and other serious violations of International Humanitarian Law in violation of Article 2, 3 and 4 of the Statute as set forth below.

Charles Ghankay Taylor aka Dankpannah Charles Ghankay Taylor aka Dankpannah Charles Ghankay Macarthur Taylor was born on 27th or 28th January 1948 at Arthington in the Republic of Liberia.

From the late 1980s the accused was the leader or head of the National Patriotic Front of Liberia (NPFL), an organised armed group. From the 2nd of August 1997 until about 11th of August 2003, the accused was the president of the Republic of Liberia.

Paragraphs 1 through 3 are incorporated by reference in charges below.

Charges:

By his acts or omissions in relation to the below described events, the accused, pursuant to Article 6.1 and/or alternatively Article 6.3 of the Statute is individually criminally responsible for the crimes alleged below:

Terrorising the civilian population.

Count 1: acts of terrorism, a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II punishable under Article 3.d of the Statute.

Particulars .

Members of Revolutionary United Front (RUF), Armed Forces Revolutionary Council (AFRC), AFRC/RUF junta or alliance and/or Liberian fighters, including members and ex-members of the NPFL (Liberian fighters) assisted and encouraged, by acting in concert with, under the direction and/or control of, and/or subordinate to the accused burned civilian property and committed the crimes set forth below in paragraphs 6 through 31, and charged in count 2 through 11 as part of a campaign to terrorise the civilian population of the Republic of Sierra Leone.

Burning.

Between about 30 November 1996 and about 18 January 2002, members of RUF, AFRC, AFRC/RUF junta or alliance and/or Liberian fighters assisted and encouraged by acting in concert with under the direction and/or control and/or subordinate to the accused engaged in widespread destruction of civilian property by burning, including the following:

Kono District.

Between about 1st February 1998 and about 31st December 1998 in various locations, including Koidu, Tumbodu or Tombodu, Sewafe or Njaima Sewafe, Wendedu and Bumpeh;

Freetown and Western Area.

Between about 21 December 1998 and about 28 February 1999 in locations throughout Freetown, including Kissy and eastern Freetown and the Fourah Bay, Upgun, State House, Calaba Town, Kingtom and Pademba Road areas of the city and Hastings, Goderich, Kent, Grafton, Wellington, Tumbo, Waterloo and Benguema in the Western area.

Unlawful killings.

Count 2: murder, a crime against humanity, punishable under Article 2.a of the Statute.

In addition, or in the alternative :

Count 3: Violence to life, health and physical or mental well-being of persons, in particular murder, a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.a of the Statute.

Particulars .

Between about 30 November 1996 and about 18 January 2002 members of RUF, AFRC, AFRC/RUF junta or alliance and/or Liberian fighters assisted and encouraged, by acting in concert with, under the direction and/or control of, and/or subordinate to the accused throughout Sierra Leone unlawfully killed an unknown number of civilians, including the following:

Kenema District.

Between about 25 May 1997 and about 31 March 1998, in various locations, including Kenema Town and the Tongo Field area;

Kono District.

Between about 1 February 1998 and about 31 January 2000, in various locations, including Koidu, Tombodu or Tumbodu, Koidu Geiya, Koidu Buma, Yengema, Paema or Peyima, Bomboa fuidu, Bumpeh, Nimikoro or Njaima Nimikoro and Mortema;

Kailahun District.

Between about 1 February 1998 and about 30 June 1998, in various locations, including Kailahun Town;

Freetown and Western Area.

Between about 21 December 1998 and 28 February 1999 in locations throughout Freetown, including the State House, Kissy, Fourah Bay, Upgun, Calaba Town, Allen Town and Tower Hill areas of the city, and Hastings, Wellington, Tumbo, Waterloo and Benguema in the Western area.

Sexual violence.

Count 4: Rape, a crime against humanity, punishable under Article 2.g of the Statute; and.

Count 5: Sexual slavery and any other form of sexual violence, a crime against humanity, punishable under Article 2.g of the Statute.

In addition, or in the alternative ;

Count 6: Outrages upon personal dignity, a violation of Article 3 common to Geneva Conventions and of Additional Protocol II, punishable under 3.e of the Statute.

Particulars .

Between 30 November 1996 and about 18 January 2002, members of RUF, AFRC, AFRC/RUF junta or alliance, and/or Liberian fighters assisted and encouraged, by acting in concert with, under the direction and/or control of, and/or subordinate to the accused committed widespread acts of sexual violence against civilian women and girls, including the following:

Kono District.

Between about 1 February 1998 and about 31 December 1998, raped an unknown number of women and girls in various locations, including Koidu, Tombodu or Tumbodu, Wondedu and AFRC and/or RUF camps such as "Superman Ground", "Guinea Highway" and "PC Ground"; abducted an unknown number of women and girls from various locations within the district or brought them from locations outside the district and used them as sex slaves;

Kailahun District.

Between about 30 November 1996 and about 18 January 2002, raped an unknown number of women and girls in locations throughout Kailahun District; abducted many victims from other areas of the Republic of Sierra Leone, brought them to locations throughout the district and used them as sex slaves;

Freetown and Western Area.

Between about 21 December 1998 and about 28 of February 1999, raped an unknown number of women and girls throughout Freetown and the Western Area, and abducted an unknown number of women and girls and used them as sex slaves.

Physical violence.

Count 7: Violence to life, health and physical or mental well-being of persons, in particular, cruel treatment, a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.a of the Statute.

In addition, or in the alternative :

Count 8. Other inhumane acts, a crime against humanity, punishable under Article 2.i of the Statute.

Particulars .

Between about 30 November 1996 and about 18 January 2002, members of RUF, AFRC, AFRC/RUF junta or alliance, and/or Liberian fighters assisted and encouraged, by acting in concert with, under the direction and/or control of, and/or subordinate to the accused, committed widespread acts of physical violence against civilians, including the following:

Kono District.

Between about 1 February 1998 and about 31 December 1998, mutilated and beat an unknown number of civilians in various locations, including Tombodu or Tumbodu, Kaima or Kayima and Wondedu. The mutilations included cutting off limbs and other body parts and carving "AFRC" and "RUF" on the body of civilians;

Kailahun District.

Between about 30 November 1996 and about 18 January 2002, beat an unknown number of civilians in locations throughout the district;

Freetown and Western Area.

Between about 21 December 1998 and about 28 February 1999, mutilated and beat an unknown number of civilians in various areas of Freetown, including the Northern and Eastern areas of the city, the Kissy area around the State House, Fourah Bay, Upgun, and Kissy mental hospital, and Hastings, Wellington, Tumbo, Waterloo and Benguema in the Western Area. The mutilations included cutting off limbs.

Child soldiers.

Count 9: Conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities , another serious violation of International Humanitarian Law, punishable under Article 4.c of the Statute.

Particulars .

Between 30 November 1996 and about 18 January 2002 throughout the Republic of Sierra Leone, members of RUF, AFRC, AFRC/RUF junta or alliance, and/or Liberian fighters assisted and encouraged, by acting in concert with, under the direction and/or control of and/or subordinate to the accused, routinely conscripted , enlisted and/or used boys and girls under the age of 15 to participate in active hostilities . Many of these children were first abducted then trained in AFRC and/or RUF camps in various locations throughout the country, and thereafter used as fighters.

Abductions and forced labour.

Count 10: Enslavement , a crime against humanity, punishable under Article 2.c of the Statute.

Particulars .

Between about 30 November 1996 and about 18 January 2002, members of RUF, AFRC, AFRC/RUF junta or alliance, and/or Liberian fighters, assisted and encouraged, by acting in concert with, under the direction and/or control of, and/or subordinate to the accused, engaged in widespread and large-scale abductions of civilians and use of civilians as forced labour, including the following:

Kenema District.

Between about 1 July 1997 and about 28 February 1998, used an unknown number of civilians living in the district as forced labour in various locations such as the Tongo Field area;

Kono District.

Between about 1 February 1998 and 18 January 2002, abducted an unknown number of civilians and took them to various locations outside the district, or to locations within the district such as AFRC and/or RUF camps, Tombodu or Tumbodu, Koidu and Wondedu, and used them as forced labour;

Kailahun District.

Between about 30 November 1996 and about 18 January 2002, brought abducted civilian men, women and children to various locations within the district and used them and residents of the district as forced labour;

Freetown and Western Area.

Between about 21 December 1998 and about 28 February 1999, abducted an unknown number of civilians, including a large number of children, from locations throughout Freetown and the Western Area and used them as forced labour.

Looting.

Count 11: Pillage, a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.f of the Statute.

Particulars .

Between about 30 November 1996 and about 18 January 2002, members of the of RUF, AFRC, AFRC/RUF junta or alliance, and/or Liberian fighters assisted and encouraged, by acting in concert with, under the direction and/or control of, and/or subordinate to the accused, engaged in widespread unlawful taking of civilian property, including the following:

Kono District.

Between about 1 February 1998 and about 31 December 1998 in various locations, including Koidu, Tombodu or Tumbodu and Bumpe;

Bombali District.

Between about 1 February 1998 and 30 April 1998, in various locations, including Masiaka and Makeni;

Freetown and Western Area.

Between about 21 December 1998 and about 28 February 1999 throughout Freetown and the Western Area.

Paragraphs 4 through 31 are incorporated by reference in individual criminal responsibility below.

Individual criminal responsibility .

The Accused by his acts or omissions is individually criminally responsible pursuant to Article 6.1 of the Statute for the crimes referred to in Article 2, 3 and 4 of the Statute, as alleged in this Amended Indictment, which crimes the Accused planned, instigated, ordered, committed, or in whose planning, preparation or execution the Accused otherwise aided and abetted, or which crimes amounted to or were involved within a common plan, design or purpose in which the Accused participated or were reasonably foreseeable consequence of such common plan, design or purpose.

In addition, or alternatively , pursuant to Article 6.3 of the Statute, the Accused while holding positions of superior responsibility and exercising command and control over the subordinate members of the RUF, AFRC, AFRC/RUF junta or alliance and or Liberian fighters, is individually criminally responsible for the crimes referred to in Articles 2, 3 and 4 of the Statute as alleged in this Amended Indictment. The Accused is responsible for the criminal acts of his subordinates in that he knew or had reason to know that the subordinate was about to commit such acts or had done so and the Accused failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Dated 16 March 2006, Freetown Sierra Leone, by the Prosecutor, Desmond de Silva.

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