Agnes Reeves Taylor

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Agnes Reeves Taylor, ex-wife of former Liberian President Charles Taylor, was born on 27 September 1965 in Liberia. On 2 June 2017, she was arrested in London by the Metropolitan Police and charged with torture on the grounds of her suspected involvement with the National Patriotic Front of Liberia (NFPL) rebel group, which was led by her ex-husband, during the First Liberian Civil War, [1] from 1989 to 1996.

Contents

Exile

As the second Liberian civil war broke out in 1999, Agnes Reeves Taylor was appointed by Charles Taylor [2] to serve as Permanent Representative of Liberia to the International Maritime Organization, which headquarters in London, from 1999 to 2005. [3]

In 2003 the Security Council Committee established in resolution 1521 a list of Liberian individuals and entities subject to a travel ban and included Agnes Taylor. [4]

In 2007 she was granted asylum in the UK, [5] while she was still on the travel ban list, which was updated to include her location as being in the United Kingdom. [6] She was removed from the travel ban list in 2012. [7]  

She settled in the UK, where she worked as a lecturer at the London School of Commerce and Coventry University. Her residence in the UK allowed the UK authorities to arrest and charge her, based on universal jurisdiction laws, with the crimes she allegedly committed in Liberia. [8]

Charges

She was charged with seven counts of torture allegedly committed in Gbarnga, in northern Liberia, and in Gborplay, in north-eastern Liberia. The torture charges were brought under section 134(1) of the UK Criminal Justice Act 1988. She was also charged with one count of conspiracy to commit torture between 23 December 1989 and 1 January 1991, under section 1(1) of the UK Criminal Law Act 1977. [9]

Gbarnga had served as the headquarters of Charles Taylor's NPFL during the first Liberian civil war. A final peace agreement led to the election of Charles Taylor as President of Liberia in 1997.

The eight counts Agnes Reeves Taylor faced concerned events in 1990 as the first civil war raged across Liberia.

·     The charge of conspiracy to commit torture related to her alleged facilitation of the rape of captive women by soldiers in Charles Taylor's rebel forces (NPFL)

·     Three of the torture charges related to her alleged infliction of "severe pain or suffering", including assaults, on a 13-year-old child soldier.

·     She was also allegedly involved in the torture of a “pastor’s wife” who resisted being raped by one of Charles Taylor's commanders. She allegedly "ordered that the woman be tied [in a manner that caused pain amounting to torture]. The defendant then shot and killed the woman's two young children, saying ‘See if you refuse an order this will happen'." [10] [11]

Anges Reeves Taylor denied involvement in any crimes. She was held in pre-trial detention in the UK from 2 June 2017 until her release in 2019. [8] [10]

Dismissal

On 6 December 2019 the Central Criminal Court (The Old Bailey) in London decided to dismiss the charges against Agnes Reeves Taylor. [9] [5] The Court's decision came after the UK Supreme Court confirmed, in a historic judgment on 13 November 2019, that members of non-State armed groups may be prosecuted for crimes of torture under section 134(1) of the UK Criminal Justice Act 1988, thus legally paving the way for the case against Agnes Reeves Taylor to proceed to trial. [12] However, after rendering its judgment, the UK Supreme Court sent the case back to the Central Criminal Court to consider further evidence from the prosecution's expert and apply the legal standard confirmed by the Supreme Court to the facts of the case.

In order for a member of a non-State armed group to be prosecuted for torture, the group must have been exercising “governmental functions”. The Central Criminal Court ruled that the evidence presented by the Crown Prosecution Service (CPS) failed to prove that the NPFL had the requisite authority over the relevant territory at the time the crimes in question were committed. Therefore, the Court dismissed the case. [12] However, in its decision, the Court noted that “there is prima facie evidence that sheheld a high rank in the NPFL and (…) carried out, whether personally, or by giving orders, or by acquiescing in, the acts of torture (…) which took place in, or on the border of, Nimba County." Thus, Reeves Taylor was not found innocent.

Civitas Maxima and the Monrovia-based Global Justice and Research Project (GJRP) provided the initial information to the UK authorities which led the Metropolitan Police to conduct an investigation into Agnes Reeves Taylor for several years. [13] UK law allows the CPS in these circumstances to return to court if further evidence of government-like control is gathered. It remains to be seen if CPS will do this.

Her return to Liberia

Seven months after the dismissal of her case, Agnes Reeves Taylor returned to Liberia. Although she had claimed asylum in the UK, her application to settle there permanently was refused under a Home Office rule that there were serious reasons to consider that she had, amongst other things, committed a crime against peace, a war crime, or a crime against humanity. [10] Upon her return in Liberia, Agnes Reeves Taylor stated in a press conference on 27 July 2020 that it was “one of the misconceptions that was out there” that she was “looking for asylum” in the UK, and claimed that she “got asylum in the UK in 2007. [14] ” In her written press statement issued the same day, she claimed that: “I have returned home to the land of my birth to also contribute to the building of our nation. I am a Liberian with deep love for my country and people. Those of you who know me can attest to this. I am no stranger to many well-meaning Liberians as I was born here, grew up here and went to school and university (The University of Liberia) here”. [15] In her press conference and written press statement, she also accused the organisations and witnesses who assisted the UK authorities with their investigation and prosecution of her of colluding and lying, and taking part in “a grand mischievous and vicious scheme to destroy [her]” in “the hope of financial gain”. She also accused the British Police of arresting her before conducting any investigation: “they arrested me first and began to investigate several months later”. [15]

Agnes Reeves Taylor's return in Liberia provoked a lot of discussion in the press and on social media. A founding member of the National Patriotic Party (NPP), George Mulbah, wrote on his Facebook page: “The National Patriotic Party welcome the founding mother of the party Mrs. Agnes Reeves Taylor to Liberia. <…> Join me to welcome Agnes to Liberia” [16]

Controversies

During the press conference, Agnes Reeves Taylor said some problematic comments regarding human rights defenders, which prompted an immediate reaction from international human rights organisations, including Human Rights Watch, Center for Justice and Accountability, Centre for Civil and Political Rights, Civil Society Human Rights Advocacy Platform of Liberia, Civitas Maxima, Independent Human Rights Investigators, The Advocates for Human Rights, The Global Justice and Research Project who released a joint statement reminding the Government of Liberia of its obligation to protect human rights defenders, and of the United Nations Human Rights Committee's Concluding Observations, issued in 2018. The UN body said that the Government of Liberian should make certain that “all alleged perpetrators of gross human rights violations and war crimes are impartially prosecuted and, if found guilty, convicted and punished in accordance with the gravity of the acts committed.”

The Human Rights Committee's Observations required Liberia to report by 27 July 2020 on the implementation of the recommendations regarding accountability for past crimes. Liberia has not met this deadline. [17]

Related Research Articles

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.

<span class="mw-page-title-main">Charles Taylor (Liberian politician)</span> President of Liberia from 1997 to 2003

Charles McArthur Ghankay Taylor is a Liberian former politician and convicted war criminal who served as the 22nd president of Liberia from 2 August 1997 until his resignation on 11 August 2003 as a result of the Second Liberian Civil War and growing international pressure.

<span class="mw-page-title-main">National Patriotic Party</span> Political party in Liberia

The National Patriotic Party (NPP) is a political party in Liberia. It was formed in 1997 by members of the National Patriotic Front of Liberia following the end of the First Liberian Civil War.

<span class="mw-page-title-main">First Liberian Civil War</span> 1989–1997 war in West Africa

The First Liberian Civil War was the first of two civil wars within the West African nation of Liberia. It lasted from 1989 to 1997. President Samuel Doe established a regime in 1980 but totalitarianism and corruption led to unpopularity and the withdrawal of the support of the United States by the late 1980s. The National Patriotic Front of Liberia (NPFL) led by Charles Taylor invaded Liberia from the Ivory Coast to overthrow Doe in December 1989 and gained control over most of the country within a year. Doe was captured and executed by the Independent National Patriotic Front of Liberia (INPFL), a splinter faction of the NPFL led by Prince Johnson, in September 1990. The NPFL and INPFL fought each other for control of the capital city, Monrovia and against the Armed Forces of Liberia and pro-Doe United Liberation Movement of Liberia for Democracy. Peace negotiations and foreign involvement led to a ceasefire in 1995 but fighting continued until a peace agreement between the main factions occurred in August 1996. Taylor was elected President of Liberia following the 1997 Liberian general election and entered office in August of the same year.

Francis Y.S. Garlawolu was a Liberian politician and lawyer. He was Attorney General and Minister of Justice in 1996 and both Senior Senator of Bong County and member of the National Transitional Legislative Assembly of Liberia over the next decade.

The National Patriotic Front of Liberia (NPFL) was a Liberian rebel group that initiated and participated in the First Liberian Civil War from 24 December 1989 – 2 August 1997. The NPFL emerged out of rising ethnic tensions and civil unrest due to the Liberian government that was characterized by totalitarianism, corruption, and favoritism towards ethnic Krahns. The NPFL invaded Liberia through Ivory Coast’s border with Nimba County in Liberia under the direction of Charles Taylor, a former Liberian politician and guerrilla leader who served as the 22nd president of Liberia from 2 August 1997 until his resignation on 11 August 2003.

<span class="mw-page-title-main">Immunity from prosecution (international law)</span>

Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity, or immunity ratione materiae. This is an immunity granted to people who perform certain functions of state. The second is personal immunity, or immunity ratione personae. This is an immunity granted to certain officials because of the office they hold, rather than in relation to the act they have committed.

<span class="mw-page-title-main">Truth and Reconciliation Commission (Liberia)</span> Liberian governmental organization (1979–2003)

The Liberian Truth and Reconciliation Commission (TRC) is a Parliament-enacted organization created in May 2005 under the Transitional Government. The Commission worked throughout the first mandate of Ellen Johnson Sirleaf after she was elected President of Liberia in November 2005. The Liberian TRC came to a conclusion in 2010, filing a final report and recommending relevant actions by national authorities to ensure responsibility and reparations.

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Charles McArther Emmanuel, also known as Chuckie Taylor, is the son of Charles Taylor, the former President of Liberia.

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<span class="mw-page-title-main">Brenda Hollis</span> American lawyer

Brenda J. Hollis is an American lawyer. She was appointed by United Nations Secretary-General Ban Ki-moon as Prosecutor of the Special Court for Sierra Leone in February 2010, replacing Stephen Rapp. Hollis was the Chief Prosecutor at the Special Court and served as the lead prosecutor in the trial and appeal of the case against Charles Taylor, the former President of Liberia. Hollis previously served as the Prosecutor of the Residual Special Court for Sierra Leone, which replaced the Special Court in December 2013; currently James Johnson, an adjunct professor at Case Western Reserve University School of Law, serves as the Chief Prosecutor for the Residual Special Court for Sierra Leone. She also serves as the Reserve International Co-Prosecutor for the Extraordinary Chambers in the Courts of Cambodia, and works as a consultant in international criminal law and procedure.

<span class="mw-page-title-main">Tom Woewiyu</span> Liberian politician (1946–2020)

Jucontee Thomas Woewiyu, also known as Tom Woewiyu or Thomas Smith, was the former leader of the National Patriotic Front of Liberia (NPFL), with Charles Taylor.

The Press Union of Liberia was founded on September 30, 1964, by a group of independent journalists. It serves as an umbrella organization for media professionals and institutions to advocate for press freedom and the legal protection of journalists.

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<span class="mw-page-title-main">Mohammed Jabbateh</span> War criminal

Mohammed Jabbateh, also known by his nom de guerre Jungle Jabbah, is a Liberian war criminal and former United Liberation Movement of Liberia for Democracy (ULIMO) and ULIMO-K commander who was convicted in the United States of lying to immigration authorities about his role in the First Liberian Civil War (1989-1997) when he sought asylum in the late 1990s. He was arrested in April 2016. On October 18, 2017, Jabbateh was tried and convicted in Philadelphia of two counts of fraud in immigration documents and two counts of perjury stemming from false statements he made when filing for asylum and permanent residence. He was sentenced to 30 years in prison the following April, the statutory maximum allowed. Jabbateh was the first person convicted of crimes stemming from war-related activities during the First Liberian Civil War. He lost his appeal in September 2020.

Alain Werner is a Swiss human rights lawyer, specialized in the defence of victims of armed conflicts, founder and director of Civitas Maxima (CM), an international network of lawyers and investigators based in Geneva that since 2012 represents victims of mass crimes in their attempts to obtain justice.

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Kunti Kamara, a.k.a. Kunti Kumara, Kunti K., Colonel Kamara, CO Kamara or Co Kamara, whose real name may be Awaliho Soumaworo, is a former Liberian rebel militia commander who participated in the First Liberian Civil War as a leader in the United Liberation Movement of Liberia for Democracy (ULIMO).

Civitas Maxima is a non-governmental organisation that documents mass crimes, such as crimes against humanity, genocide, and war crimes, and pursues justice on behalf of the victims, particularly in West Africa.

References

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  2. "Court document" (PDF). judiciary.gov.lr. September 2020. Retrieved 24 April 2023.
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  5. 1 2 Peltier, Elian (2019-12-09). "U.K. Halts Torture Case Against Ex-Wife of Liberia's Charles Taylor". The New York Times. ISSN   0362-4331 . Retrieved 2020-10-05.
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  9. 1 2 QC, Twenty Essex-Sudhanshu Swaroop; Bethell, John (21 November 2019). "Sudhanshu Swaroop QC and John Bethell in Supreme Court case on the international law of torture | Lexology". www.lexology.com. Retrieved 2020-10-05.
  10. 1 2 3 Casciani, Dominic (2019-12-06). "UK court dismisses war crimes torture case". BBC News. Retrieved 2020-10-05.
  11. Sieh, Rodney (2019-12-07). "Liberia: 'My Sister Did Not Deserve to Be Treated This Way' - Agnes Taylor's Sister On Release". allAfrica.com. Retrieved 2020-10-05.
  12. 1 2 "R v Reeves Taylor (Appellant)" (PDF). supremecourt.uk. 2019. Retrieved 24 April 2023.
  13. "Our latest investigations training and mentoring session for the Global Justice and Research Project | IICI" . Retrieved 2020-10-05.
  14. Dr. Anges Reeves Taylor Press Conference , retrieved 2020-10-05
  15. 1 2 "PRESS STATEMENT ISSUED BY DR. AGNES REEVES TAYLOR, EX-WIFE OF FORMER LIBERIAN PRESIDENT CHARLES GHANKAY TAYLOR AT A PRESS CONFER | Facebook". m.facebook.com. Retrieved 2020-10-05.
  16. "Facebook Groups". www.facebook.com. Retrieved 2020-10-05.
  17. "Protect Human Rights Defenders in Liberia". Human Rights Watch. 2020-08-05. Retrieved 2020-10-05.