Felony Torture Statute is Constitutional

Today, the US Court of Appeals for the Eleventh Circuit held that the statute passed to implement the Convention Against Torture is constitutional. The decision upholds the jury verdict and sentence holding Charles "Chuckie" Taylor, Jr.'s accountable for torture committed when he was head of the Anti-Terrorism Unit (ATU) in Liberia.

The court's decision reads: "After thorough review, we conclude that all of Emmanuel’s convictions are constitutional. The United States validly adopted the CAT [Convention Against Torture] pursuant to the President’s Article II treaty-making authority, and it was well within Congress’s power under the Necessary and Proper Clause to criminalize both torture, as defined by the Torture Act, and conspiracy to commit torture. Furthermore, we hold that both the Torture Act and the firearm statute apply to extraterritorial conduct, and that their application in this case was proper. Finally, we conclude that Emmanuel’s trial and the resulting convictions were not rendered fundamentally unfair by any evidentiary or other procedural errors, and that his sentence is without error. Accordingly, we affirm Emmanuel’s convictions and sentence in all respects."

The full decision is available here: http://www.ca11.uscourts.gov/opinions/ops/200910461.pdf

Supermodel Naomi Campbell Subpoenaed in War Crimes Trial

      Model Naomi Campbell, Actress Mia Farrow, and Campbell’s former agent Carole White have been subpoenaed to appear in the U.N. backed trial of former Liberian president Charles Taylor for war crimes. If proven, the allegations that Taylor gave Campbell rough-cut diamonds at Nelson Mandela’s reception in 1997 would provide an extraordinary piece of evidence against him. However, Taylor denies ever giving the rebels weapons in exchange for their diamonds and claims that he never owned rough diamonds.

      The former President of Liberia is charged with many human rights abuses including murder, torture, mutilation, rape, sexual slavery, use of child soldiers, and the backing of rebels in Sierra Leone’s long civil war. All totaled, Charles Taylor stands accused of victimizing an estimated half a million people.

      Farrow has provided the prosecutors with a written statement asserting that Campbell told her about the gift, and White allegedly witnessed the action. According to the “Daily Mail,” White herself said, “there were six small diamonds… I saw them. I had them in my hand.” Campbell denies ever receiving the diamonds. Until the summons was issued, she has refused to testify to protect her safety, and even violently erupted at an ABC News camera when asked about the diamonds.

      Now that Campbell’s lawyer has accepted the subpoena, the three women will be expected to appear at the trial in The Hague, Netherlands.

      Human Rights USA has a special interest in this celebrity connection to international justice, given our past work to hold Taylor’s son, “Chuckie Taylor,” accountable for human rights abuses he committed when his father was President of Liberia. As the leader of the Anti-Terrorist Unit, Taylor, Jr. committed horrific crimes against those who opposed his father’s regime. Many human rights groups have documented the extensive human rights abuses the ATU committed: torture, abduction, rape, recruiting child soldiers, beating people to death, and burning people alive. When Taylor, Jr. flew to the United States to escape responsibility for his crimes abroad, the U.S. government arrested him and eventually indicted him for the crime of torture – the first such prosecution in the U.S.. With the help of Human Rights USA, Taylor, Jr. was sentenced to 97 years in prison. Our clients, who were victims of his torture, subsequently filed a civil suit and were awarded $22.4 million in damages.

REFLECTION: The Civil Judgment against Taylor Jr. - What does it mean?

On February 5, 2010, while preparing for what has been called the "snowpocalypse" here in Washington, DC, we at Human Rights USA learned that the Court in our civil case against Charles Taylor, Jr. ("Taylor Jr.") had awarded a total of $22.4 million in damages to our five clients for the atrocities they endured at the hands of Taylor Jr. and the Anti-Terrorism Unit (ATU) forces under his command. As we shared the exciting news with our clients, colleagues, and the media, we faced the question: "What does this decision mean? What does it mean to the plaintiffs – to the legal community – to potential defendants – and to the world?"

Law students at the University of Pittsburgh invited us to comment on exactly these questions. To read our responses as they appear in the JURIST Hotline section of the school's online journal, click here.

BREAKING NEWS: Final Judgment Issued in Civil Case Against Charles Taylor, Jr. – Plaintiffs Awarded $22.4 Million

On Friday, February 5, 2010, the court in the civil case against Charles Taylor, Jr. awarded a total of $22.4 million in damages to our five clients for the atrocities they endured at the hands of Taylor Jr. and the Anti-Terrorism Unit (ATU) forces under his command. Piper Hendricks, International Justice Project Director for the World Organization for Human Rights USA, states, “We are pleased that this significant award recognizes the egregious nature of the extraordinarily brutal acts our clients suffered and the lasting impact those acts have had. This award will serve as a deterrent to others who believe they could mistreat fellow humans in this manner and never be held accountable.”

The order on damages outlines the multiple forms of torture; cruel, inhuman, or degrading punishment or treatment; arbitrary arrest and prolonged detention to which the plaintiffs were subjected and recognizes the past, present and future physical and mental suffering those abuses inflicted. As the order states, “Mr. Taylor’s horrific and repeated actions, as detailed in the complaint and testified to by the plaintiffs, are a chilling example of man’s inhumanity to man, to borrow a phrase from Robert Burns. Such actions, because they were designed to strip the plaintiffs of their humanity and dignity, deserve the strongest judicial condemnation […].”

The plaintiffs in this case are represented by the World Organization for Human Rights USA, with assistance from the Carlos A. Costa Legal Clinic of Florida International University. Our next step in this matter is to enforce this judgment. This significant award can allow our clients to cover the financial burdens they face because of Taylor Jr. and offer a better chance of making the most of the lives they now lead. Any assets recovered will provide a remedy to the plaintiffs for past and ongoing medical expenses, psychological harms, lost wages, destroyed property, other damages inflicted.


For a PDF of the official press release, click here.

To read coverage from Curt Anderson of the Associated Press, read his Washington Post article here.

Civil Trial of Charles Taylor, Jr.: Closing Arguments

The civil trial of Charles Taylor, Jr. concluded yesterday with closing arguments from the defendant. In his closing, Taylor Jr. discussed the Liberian conflict and maintained that he could not have committed the atrocities with which he has been charged (and, in the criminal case, convicted). He stated, "I do believe some form of abuse took place [during the Liberian war]" but claimed the abuses were "without [his] participation or knowledge." With Taylor Jr.'s statement, the trial on damages in this civil case comes to a close. Thank you to those of you following this case and supporting our work to hold accountable those who violate human rights. Check back at this site for developments in this and other matters.


For media coverage, click here. (Clarification: Troy Elder is a Professor at FIU, not an attorney with Human Rights USA. As local counsel, Professor Elder and students from the FIU clinic also represented the plaintiffs in this case.)

Civil Trial Against Charles Taylor Jr.: Day 4

The trial in the civil case against Charles Taylor, Jr. resumed yesterday with testimony from our expert witness, psychologist Jethro Toomer. Our colleague from FIU, Professor Troy Elder, reviewed with the expert the horrors that each of the plaintiffs in the case endured. Dr. Toomer explained that all five of them had been traumatized by the events they endured at the hands of Taylor, Jr. and the ATU, and would never be the same because of those experiences. "There is no cure," Dr. Toomer stated, as trauma forever changes one's life. Instead, trauma survivors should seek to restore "equilibrium." Dr. Toomer discussed his diagnosis and prognosis for each plaintiff - adding a valuable medical perspective to the court record that the plaintiffs themselves began in December. When Professor Elder completed the direct examination, Taylor Jr. exercised his right to cross-examine Dr. Toomer (something Taylor, Jr. had not done of any of the plaintiffs). Taylor, Jr. began his questions from a pre-prepared list, focusing on the data Dr. Toomer used to form his expert opinion. Taylor, Jr. then quizzed Dr. Toomer on his knowledge of Liberian history and the focus of several books and articles Dr. Toomer had written. When direct, cross, and re-direct were complete, the Judge scheduled closing arguments for next Friday. For more coverage, click here.

We enjoy hearing from those of you following this case and appreciate your support. As many of you know, 2009 was financially unkind to many non-profits and, unfortunately, Human Rights USA was no exception. Thankfully, we have not had to close our doors… but we continue to face severe financial constraints in our efforts to uphold human rights around the world. Such efforts sometimes carry a large price tag, and this case is no exception. We believe the fight to support human rights is worth every penny. But if we are going to continue this work – WE NEED YOUR HELP.

We invite you to support a piece of history by sponsoring a part of this civil case. A donation of $2,600 covers the cost of one client's air travel from Liberia to Miami to testify at trial. $448 covers the cost of our attorney's vaccinations prior to travel to Liberia to meet with our clients and gather information for trial. $400 covers the cost of one client's or attorney's lodging over the course of the trial. Your donation of $350 would cover the cost of filing the Complaint. Each donation of $131 would cover the cost of one visa for entry from Liberia into the United States to participate in trial. $75 covers the cost of one of our attorney's "pro hac vice" appearance in the federal court. $40 would cover the cost of the bag lunches we made for our attorneys and clients during the trial. And a donation of $25 would cover the cost of producing photographic exhibits for trial. We ask you to take a moment to decide what amount you can afford to give and then click here to own a part of this case…and to continue assisting survivors of human rights abuses to hold the violators accountable.

Taylor Civil Trial Update: The Price of Justice

Happy 2010 to all of you from all of us at Human Rights USA! We hope that your new year is off to a wonderful start. As many of you know, 2009 was financially unkind to many non-profits and, unfortunately, Human Rights USA was no exception. Thankfully, we have not had to close our doors… but we continue to face severe financial constraints in our efforts to uphold human rights around the world. And such efforts sometimes carry a large price tag, as a tally of the many expenses we incurred in recent months to bring the civil case against Charles Taylor, Jr. reveals. We believe the fight to support human rights is worth every penny. But if we are going to continue this work – WE NEED YOUR HELP.

We invite you to support a piece of history by sponsoring a part of the civil case. A donation of $2,600 covers the cost of one client's air travel from Liberia to Miami to testify at trial. $448 covers the cost of our attorney's vaccinations prior to travel to Liberia to meet with our clients and gather information for trial. $400 covers the cost of one client's or attorney's lodging over the course of the trial. Your donation of $350 would cover the cost of filing the Complaint. Each donation of $131 would cover the cost of one visa for entry from Liberia into the United States to participate in trial. $75 covers the cost of one of our attorney's "pro hac vice" appearance in the federal court. $40 would cover the cost of the bag lunches we made for our attorneys and clients during the trial. And a donation of $25 would cover the cost of producing photographic exhibits for trial. We ask you to take a moment to decide what amount you can afford to give and then click here to own a part of this case…and to continue assisting survivors of human rights abuses to hold the violators accountable.

Civil Trial Against Charles Taylor, Jr.: Day 1 (cont'd)

Our civil trial began today after we addressed several preliminary matters raised by Defendant Taylor. With assistance from the Public Defenders in his criminal case, Defendant Taylor moved to vacate the default judgment entered last May and postpone the trial. After ensuring that Defendant Taylor understood his requests and his rights, the judge denied Defendant Taylor's motion to postpone the trial. The judge then granted our request to have two of our clients who were not able to travel to the United States testify by video conference. (The first such testimony should take place Tuesday.)

Then, after the Court certified an interpreter to assist with testimony (Liberian English differs from American English), the trial got underway with testimony from our first witness. His testimony addressed the physical abuse he endured at the hands of Defendant Taylor and his ATU soldiers. This witness also testified about the lasting physical, emotional, and financial impact he still suffers today.

We will update you on the trial's progress tomorrow. In the meantime, our clients are adjusting to the new time zone and two tried their first hamburger (and liked it!) last night. We have discovered that habenero peppers are nearly hot enough to substitute for Liberian pepper in cooking. And, miraculously to those of us who cannot cook, one client was able to make perfect rice in the small frying pan provided in the kitchenettes of the hotel where we are staying.

Civil Trial Against Charles Taylor, Jr.: Day 1

The civil trial against Charles Taylor, Jr. begins today in the Southern District of Florida. Three of the five plaintiffs safely arrived in the United States to participate in person. We will be providing accounts from the trial at this site over the course of the next few days and a more detailed account once the trial has concluded.

For an AP Article by Curt Anderson regarding the case, please click here.

HRUSA Blogs from Liberia, Day 7: Women in Liberia

From my short time here, it appears to me that Liberian women are strong, elegant, and too often disrespected. As in many places in Africa, women (and many men, too) carry items on top of their heads. And by items, I mean to tell you I’ve seen HUGE baskets of shoes placed just so such that other shoes can be piled on top balanced on top of a woman’s head….while she had a baby tied to her back….while carrying items in both arms….while gliding over unpaved roads….then leaping buildings in a single bound. Ok, ok, I exaggerate - but only about the last part. The dress here varies for everyone - some wear business attire and others more traditional dress - gorgeous lapas (a long piece of cloth tied around the waist and reaching to ones lower leg or ankles) and dresses that are colorful and classy. Many wear casual t-shirts that would make vintage shirt fans drool. Seeing a guy wearing an “Everyone loves an Irish girl” shirt was fun, and there are “Obama Girl” shirts at every turn, but my favorite is the picture attached here - “A Wise Man Once Said: I don’t know, go ask a girl.” As the woman carrying this container on her head approached to sell a newspaper page full of peanuts to my fellow traveler, I knew I needed a picture.

While the shirt brought a smile to my face, many signs here have not. In a country that elected the first female President in all of Africa, you would hope not to need billboards reading “No Sex for Jobs” or “Stop Rape - It Could Be Your Ma.” Someone involved in training the military here told me that female candidates had to be told to stop washing the clothes of the male candidates. (I wonder if they had to be told more than once?) From what I hear, treatment of women in the interior is much worse than that in Monrovia. There, men can beat “their woman” and then pay the police to not bring any case against them.* The schools in the interior need vast improvement and children there are often needed to help with the farming. As such, most young women living outside of Monrovia do not receive as much education and often have children at a much younger age. And in other areas, it’s not uncommon to have more than one wife at the same time.

As you have probably gathered by now, I like to leave you with a more hopeful note, so will share that I have also had the pleasure to meet a few young women in Monrovia who are enrolled in school and love it. Murals are a popular way of spreading messages here (“Stop Malaria - Use a Mosquito Net for Your Family” and “There’s no cure for HIV - use protection”). One series of murals depicts one of various female leaders here with the caption “Another great Liberian woman - You Could be the Next.” Let’s hope that reaches many young women!

*Speaking of bribes, I forgot to mention that another person and I were stopped at a checkpoint coming back to downtown Friday night. (Note to my parents: stop reading here.) It was past sundown and we were not in a large vehicle that commands respect (read: emblazoned with the logo of an NGO (non-governmental organization) or other established entity like the UN), so the police flagged us down to stop. With flashlights shining in from my side of the car, they asked the driver if he had a license. He did. They paused, looked at me, then asked him to show them what was in the trunk. A few moments later, he returned to the driver’s seat and, as we drove off, said the officer told the driver to “find something for [him].” In response, the driver gave him “small small money.” (Around 40 Liberian dollars, I think.) The driver was clearly frustrated, explaining that the newer officers were the ones who abuse their authority, while the older, better-trained police apparently do not. A few minutes later, we were stopped again by another set of officers. Again, they looked in from the passenger side and the driver explained we’d just been stopped not five minutes ago and nothing had changed since then. They paused and asked if he had his license. Not one to be silent for long, I turned and answered with a firm, “Yes.” (Because being gruff with cops at night in a foreign country is always a good idea.) Another pause. Ok, they said, go ahead. I know some say, “When in Rome…” but, as a lawyer, it’s frustrating to see even the smallest example of corruption in the system. After all, the ultimate impact on the system as a whole and the average citizen’s faith therein is not “small small.”

~Piper

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

HRUSA Blogs from Liberia, Day 6: The Wicked Gruna Man.

“I am bouncing along unpaved roads in Liberia in a little 4x4 truck between a Cameroonian lawyer to my left, my self-proclaimed African father to my right, and “R” hanging on tightly in the back, as I’m hearing about some of the worst atrocities I can imagine and carefully holding a freshly grilled plantain wrapped in notebook paper,” I thought to myself today. This was not an average weekend day. We drove far outside of Monrovia and I’m not sure where to begin in sharing with you readers the stories I heard. Like many road trips, this one seemed a natural forum for sharing, but please note these stories may not be easy to read.

As I packed my bag this morning, I tossed in a few snacks, expecting that the men on the trip would not think to do so (more tomorrow on the situation for women in Liberia). Well, “R“ proved me wrong (and yes, I’ll admit, made me quietly regret my earlier sexist assumption) when we picked him up and, with a big smile, distributed packs of ginger cookies to all aboard the truck out of town. Through mouthfuls of the crunchy snacks, someone mentioned how hungry he had been since he skipped breakfast… and the conversation turned to how “R” had been so hungry at times during the war that he could hear ringing in his ears. “Bbbzzzmmmm,” he demonstrated. He recalled that his son had just been born at that time, so when he was able to find food, he gave it to his wife for her well-being and so the baby would be able to have breast milk. Around that point in our journey, we reached a bridge over one of the many beautiful rivers in Liberia. Men in the car recalled a time during the war when food was so scarce in Monrovia that women had to swim across the river to the more lush area and swim back with food for their family on their heads. But the lush areas were where the rebels hid and, more often than not, the women were raped before they were able to return. People knew this…but they also knew that men would be killed if they went, so the women went instead. These stories prompted one passenger to ask others if they were still with the women they had been with during the war. “Oh, yes,” they said - that sort of thing is a stronger bond than any band (wedding ring), they replied.

Our driver, it turns out, had worked with the TRC, or Truth & Reconciliation Commission, collecting stories from war survivors. According to our driver, those who participated in the peace talks in Ghana that ended the war in Liberia (read: mostly warlords that committed war crimes) decided that a TRC a superior option to prosecutions to hold those who committed war crimes responsible (shocking, eh?). As we made our way over some paved and many unpaved roads, he pointed out sites of several massacres and, as we crossed a bridge, explained how people’s bodies had been severed from their heads and allowed to drop into the river while the heads were displayed along the entry to the bridge. Cutting out human hearts to display on the bridge was not uncommon either. One of the worst stories I heard today was about a woman whom rebel soldiers hung upside down and stuffed her “lily” with hot pepper “until it was full.” She survived and reported what had been done to her to the TRC. With stories like this, one has to wonder what horrible scars people have both on their bodies and in their hearts after what happened here. But that violent past is simply reality - mid-sentence about other incidents of torture, one passenger broke off to point out the window and tell me, “That’s how we make palm wine here.”

Eventually, our conversation turned to how the war crimes had come to pass. How can people do such heinous, heinous things to each other? The consensus in the truck was that those fighting had no training in any semblance of rules of engagement and, once armed, they solved old grudges with gunfire. Without commanders who took responsibility for the actions of their subordinates or punished those who wronged civilians, fighting spun out of control until you had fighters who would readily shoot a civilian for the nice shirt on their back. Add to the equation the copious amounts of drugs most fighters were taking throughout the war and you have a recipe for the disaster Mama Liberia experienced. When asked about the source of the drugs, no one knew for sure but said, matter-of-factly, that drugs always follow fighting. If only distribution of useful medications were so efficient.

Talk turned to Taylor, Sr., who one passenger called a “gruna man,” or crook. Another agreed, saying Taylor was “a wicked, wicked man,” who tried to control every aspect of his country, usurping democratic channels and using brute force to terrorize his citizens. And yet he still has supporters in this country who, based on the conversation today, liked what Taylor did for their personal finances so much they overlook what happened to the people during the wars. The idea of the man who campaigned with “He killed my ma, he killed my pa, but I will vote for him” as a slogan returning to power boggles the mind. But the consensus seems to be that people are increasingly accepting that he will not return - and neither will the terror that occurred during his administration.

I recognize that those of you who work in human rights are accustomed to all that I’ve written here, while those of you who don‘t might appreciate ending on a more uplifting note - so I’ll mention that I had the opportunity to meet a man today who is over 100 years old! He remembers figures in Liberian history from, well, nearly 100 years ago. And when one person with our group tried to translate points of historical reference into American terms, saying, “He would be like your JFK,” another dismissed him saying, “No, no, that would be 1963, this is more like the Taft era.” Wow. The knowledge of American history far outside of the US never ceases to amaze me. I’m also attaching some pictures to give you a sense of the beautiful sights around this area of the country.

~Piper

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

HRUSA Blogs from Liberia, Day 5: Market Madness, Electricity, and School Children

I had to hit pause on a very productive day when, with a whir and a sigh,

the generator at the Carter Center took its afternoon break. One would think

I might know the generator schedule after several days of being here, but it

seems I’ve been out and about with clients and not in need of electricity

during those times. So making copies of finalized applications for Monday

morning will have to wait for a 30-minute window early tomorrow morning

before we head out of Monrovia.

In the meantime, I’ll update you, our dear readers, with some news from

Monrovia. Speaking of - I’m attaching a picture of “The Daily Talk” - a

large blackboard that is covered with handwritten headlines of the

every-other-day-or-so. Unfortunately, today it was not yet open when we went

by, but the picture gives you a sense of the news stand in place near JFK

Hospital. We drove past on our way outside of town to meet several clients

in the market and ohmigoodness, I don’t know that I can adequately describe

the energy there. Vendors were packed in areas side-by-side or about on foot

toting their wares - from fresh water, to sunglasses, to potato greens, to

towels, to lapas, to anything under the sun - and buyers mixed in along with

cars crawling along as tightly packed as the people but moving more slowly.

(See picture of large truck trying to navigate the market.) Driving here is

a riot. (See picture of some of the roads outside of Monrovia.) Horns are

used to say “watch out, I’m passing on your left,” and “watch out, I’m

backing up,” and “Nope, I’m going first you need to wait” and often just

“Hello, person I know.” Emergency flashers are used to avoid an emergency -

put those on when the person in front of you is waiting to turn left across

solid traffic to let the person behind you know to take your brake lights

seriously. There are tons of taxis - both because no reliable bus system is

in place for those needing to travel significant distances into downtown and

because many people injured by the war cannot do more strenuous work. The

taxis often have messages painted on the back ranging from the religious

(“God is good”) to the practical (“Keep me Clean”), but my all time favorite

was clever or mistakenly ironic but either way hilarious: “NO MSTAKE.”

(sic.)

I’m happy to report that the “snap!” at the end of my Liberian handshake has

shown great improvement and my fist bump, well, that’s so basic it doesn‘t

need practice. Which is a good thing as it seems no small child here can

leave a fist bump unrequited. Put a hand up with the flats of your fingers

and knuckles out steady and even the shiest child is sure to reach a tiny

fist up in response. The bump and my digital camera have won me some small

friends here. While kids are initially skeptical of a foreigner hopping out

of a large 4x4, bring out a camera and show them how to zooooom and voila!

they are enchanted - and enchanting. (See picture some school children took

of others after a quick “press this button” lesson.) My understanding is

that most children do go to school - and you see plenty of uniforms

(Adventist school shirts are bright pink) to attest to that. But school is

very expensive for some parents so some may not be able to attend

consistently. Those in school learn more than English lessons in the

classroom - NGOs like “Right to Play” teach kids valuable cooperation skills

through outdoor playtime. Driving through the outskirts of Monrovia today,

it was fun to see large groups of school kids enjoying playtime. Seeing

them, I wondered how many were old enough to remember when no one would go

out of doors for fear of being hit by a stray bullet and what Liberia will

become as this new generation grows up.

~Piper

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

HRUSA Blogs from Liberia, Day 3: Opinions, Copyright, and Oil Rice in Monrovia.

We continued making good progress on the case today and arrangements for travel in December. I’ll be meeting with more clients tomorrow and continuing to gather documentation from facilities in Monrovia. I can focus more on that progress in a later blog - for now, I’d like to answer some of the questions I’ve received about impressions of the country here and about the food. While I can speak from (limited) personal experience as to the latter, I’ll simply share the opinions of others who have been here longer on the former.

There’s something fun about an expat community where everyone shares a bond of coming from another country and exploring the same new one. Similar to the quote about learning another language to truly understand your own, I think it is when you see life in another country that you begin to understand your own…. And, at the same time, you may see things in a new country that those who were raised there don’t. I’ve had the opportunity to meet many people who live here or visit regularly - including a fun family of missionaries, Embassy employees, NGO employees, visiting doctors and academics. (I'll share interesting things I've learned from locals in a later blog.) And, not surprisingly I suppose, there are as many opinions as people. Many note marked improvement since 2006, when President Sirleaf took office. Some look at particular issues and say the administration isn’t doing enough. For example, some lament the relative lack of programs for child soldiers, while others argue resources are too limited and the child soldiers who survived shouldn’t get the resources that could go to the next generation of children who need to be in school. Schools, by the way, are not free in Monrovia and, if you can believe it, children can be turned away despite paying tuition if they don’t arrive in the proper uniform, down to the right shoes. (Ok, I must interject my own opinion here: While I see a benefit in requiring clean, respectful clothing, I have a hard time thinking about children being denied the opportunity to learn for not having the right shoes in a country where some have none at all.) Some here say that while many “talk the talk” of a religious life, they don’t live the teachings of their respective churches, which others collaborate from a more secular perspective saying that no one cares about the person next to them. Some see consistent, gradual progress while others lament the amount of money that is siphoned out of the reconstruction process by corruption and greed. Many question what will happen surrounding the 2011 presidential elections - will Sirleaf run again? Will the football star who lost last time have enough sway this time with young voters? (Which makes a huge difference in a country where around half of the population is under 18.) Will peace continue to grow or will some event be the catalyst for more fighting? Right now most have questions and not answers, but the vast majority of those with whom I’ve spoken have hope for a stable, peaceful country .

And on the legal side of things, here’s an interesting read about the status of the laws in Liberia - in short, determining the relevant laws damages is not as easy as finding good search terms on Westlaw. Word on the street is that President Sirleaf would like to address this issue but already has a considerable amount on her plate. Some would like to see the laws widely distributed, such that Banks has to either accept their distribution or bring suit - and have this matter settled once and for all.

On a happier note, there are groups that are generously furthering the availability of legal texts (and books in general) in Liberia. For example, Books for Africa has provided an entire “law module” to the law school here. In a country without publishing houses, bringing in books is critical. I encourage any law students reading this to consider an alternative to selling back those horribly large texts for a few cents on the dollar. Fore more info, click here. (You can mail domestically via media mail to Minnesota.)

Lastly, to answer questions about food: We made great progress on the case today and, to celebrate, “R” and I had a proper lunch (which was around $5 USD) - where I learned another Liberian expression. I’d ordered fufu, a dumpling-type bread made from cassava and was excited to try it. (see: - I’ll note that my peanut soup had a more generous serving of meat and fish) But then the server returned and said, “Fufu finish.” There was a pause for me to process this - I hadn’t finished my fufu, since I hadn’t gotten it yet…and then I realized, finish = out. They were out of fufu! Sigh. I had the peanut soup and rice instead which was spicy and delicious - and happily I have several other days to try some fufu. Rice is a common part of meals here and, when served without a soup, is called “dry rice.” As opposed to “oil rice” which, with a Liberian accent, sounds a bit like “allright.” So when someone asks you how you are doing (“how da body?”), they might ask if you are “dry rice or oil rice.” I’m looking forward to asking my clients tomorrow if they dry rice or oil rice.

More on legal progress, culinary adventures and other matters tomorrow…Hope you readers are all oil rice!

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

HRUSA Blogs from Liberia: An Introduction

In just a few days, Human Rights USA International Justice Project Director Piper Hendricks will arrive in Monrovia, Liberia, to gather information needed for our civil proceeding in the United States. This trip is the culmination of years of work with survivors of abuses inflicted by Charles Taylor Jr., a U.S. citizen, and his subordinates.

While in Liberia, Piper will meet with our Liberian clients who survived atrocities during the Liberian civil wars, which took place between 1989 and 2003. While there, Piper will accompany our clients to their interviews with the U.S. consulate to apply for visas to travel to the United States for the civil trial scheduled in Miami in December.

For these brave survivors and for HRUSA, the trial represents years of work toward accountability under U.S. law, as well as reestablishing justice in Liberia. In 2008, Taylor Jr. was criminally tried and convicted by a Miami jury and is now serving a 97 year sentence. While HRUSA applauds the work of the U.S. Government in convicting Taylor Jr., real justice for his victims does not end there. The civil case is a chance for several survivors to tell truth to justice and gain a sense of closure after facing the man who so gravely wronged them. In addition, the civil case provides an opportunity to obtain monetary damages to remedy their medical expenses and other costs stemming from the torture to which they were subjected.

The preparations for the trip have been extensive, both logistically and legally. Obviously, any journey of thousands of miles is complicated, but in this case, traveling with a goal of obtaining justice has made it more so. In addition to receiving several vaccinations and obtaining a visa, Piper has had to make plans for travel to various parts of Liberia, where roads often make the travel quite long. During her stay, Piper will be working with the clients to get passports and visas, as well as medical records and other evidence to use at trial.

The legal work that HRUSA has done to prepare for the case in the US also has been extensive. Since filing the civil case in January, we have spent the last year drafting various motions, gathering expert information on the long-term effects of torture, and preparing logistically for the challenges of international justice. The work is all worth it because with patience, perseverance and support, this case will provide a sense of closure and justice for survivors, and represent progress for the nation of Liberia.

Please post any questions you might have for Piper as comments to the corresponding blog posts.

After the trip, on November 30th at 4pm EST, HRUSA will host a conference call with Piper to provide you, our supporters, the chance to ask questions about the case and learn more about her trip to Africa. To participate, please contact Brenden Sloan at bsloan [at] humanrightsusa.org or call (202) 296-5702. Piper looks forward to answering your questions. Thank you for your support!

Developments in the Civil Suit Against Chuckie Taylor and Q&A with International Justice Project Director, Piper Hendricks

Charles Taylor Jr. (also known as “Chuckie”) is the son of Charles Taylor, the former President of Liberia and was a key instigator in the Liberian Civil War in which hundreds of thousands of civilians were injured, tortured, or killed. Taylor Jr. was born and raised in the United States but moved to Liberia in 1997 to live with his father. There, he became the head of a brutal paramilitary group known as the Anti-Terrorist Unit (ATU) or the “Demon Forces.” Under Taylor Jr.’s vicious command, many Liberians were subjected to various forms of torture at the hands of the ATU soldiers.

In 2006, when Taylor Jr. entered the United States via the Miami International Airport, U.S. agents were ready and arrested him. The Department of Justice later indicted and prosecuted Taylor Jr. for the acts of torture and conspiracy to torture that he committed in Liberia. Human Rights USA served as amicus (or "friend of the court") and provided expertise on international law. Taylor Jr.'s trial was the first ever in the United States under the “Torture Statute,” a federal law that criminalizes torture and gives U.S. courts jurisdiction over cases involving torture, in keeping with the United States’ obligations under the UN Convention Against Torture. Under the Torture Statute, U.S. courts have jurisdiction over torture committed outside the United States if the offender is a U.S. national or is present in the United States at the time of the arrest, regardless of nationality. On October 20, 2008, a federal jury convicted Taylor Jr. of multiple counts of torture and conspiracy to torture. On January 9, 2009, he was sentenced to 97 years in prison.

Though that trial held Taylor Jr. criminally accountable and provided some remedy to seven of his victims, his serving time in prison does not address all of their losses. In order to hold Taylor Jr. civilly accountable and provide a remedy for medical expenses, lost wages, and other harms inflicted by Taylor Jr. and his subordinates, Human Rights USA is representing five survivors of torture by Taylor Jr. and the ATU in a civil suit. Here, Piper Hendricks, the International Justice Project Director at Human Rights USA answers some questions about the suit and what it means for the enforcement of human rights in U.S. courts:

Q: What is the reason for bringing a civil suit against Charles Taylor Jr. after his conviction and sentencing for multiple counts of torture and conspiracy to torture?

PH: Though the 97-year sentence in the criminal case is essentially a life sentence for Taylor Jr., the civil case allows more victims to have their own “day in court” and gain a better sense of closure. Additionally, unlike the criminal case, the civil case offers the possibility of monetary damages, hence an opportunity to reach Taylor Jr.’s assets and cover medical bills, lost wages, and other serious financial losses the plaintiffs have suffered.

Q: How is a civil suit different from a criminal suit?

PH: Only the government can bring a criminal suit, and such a suit focuses on a conviction and prison time, not damages. A civil suit such as this one is useful in ensuring that wrongs towards specific victims are recognized and reprimanded, and that damages are awarded to those victims.

Q: How is HR USA working with Taylor Jr.’s victims in Liberia on this case?

PH: Currently, HR USA is in close contact with the Liberian plaintiffs by phone, and in the coming weeks, we will be traveling to Liberia to meet with the plaintiffs and arrange for their travel to the United States as we prepare for the civil trial.

Q: Have there been similar situations in the past when civil suits were brought against torturers to ensure justice for victims?

PH: Yes. Because of the Alien Tort Claims Act (also known as the Alien Tort Statute or ATS), which was adopted in 1789, U.S. federal courts can be used as venues to sue for wrong-doing, even if such acts occurred outside the United States and the plaintiff and/or defendant are not U.S. citizens. The ATS has been used to hold accountable a former Filipino dictator and a Peruvian military general, among others.

In 1992, Congress added the Torture Victims Prevention Act to the ATS to allow U.S. citizens also to bring suit in federal courts for torture and extrajudicial killings against those who were acting in official positions (“under color of law”) when those acts were committed.

Q: What would be the ideal outcome of this civil suit?

PH: The good news is we already have a positive outcome in the criminal trial and we have won on the merits (by default judgment) in the civil suit. Now, the ideal outcome of the civil trial – which will focus only on damages - would be for the judge to recognize the grievous nature of the crimes that occurred and award damages accordingly, and thus reimburse our clients for their medical costs and lost earnings and allow them to resume their lives in Liberia.

Human Rights USA encourages you to continue to check our blog and website for more updates as the civil case progresses and we hold our trial on damages in December!

JOIN US FOR: Due to High Demand, A Second Screening of Pray the Devil Back to Hell

Tuesday, September 8, 2009 at 7 p.m. at the Wooly Mammoth Theater

641 D Street, NW.

Following the film will be a panel discussion moderated by Piper Hendricks, International Justice Project Director, Human Rights USA, with additional panelists to be announced.

Pray the Devil Back to Hell is the gripping account of a group of brave and visionary women who demanded peace for Liberia, a nation torn to shreds by a decades-old civil war. A small band of Liberian women who came together in the midst of a bloody civil war, took on the violent warlords and corrupt Charles Taylor regime, and won a long-awaited peace for their shattered country in 2003. The women's historic yet unsung achievement finds voice in a narrative that intersperses contemporary interviews, archival images, and scenes of present-day Liberia together to recount the experiences and memories of the women who were instrumental in bringing lasting peace to their country. They are living proof that moral courage and non-violent resistance can succeed, even where the best efforts of traditional diplomacy have failed.

This special film screening is being put on in collaboration with the Woolly Mammoth Theater, who are set to launch their new critically acclaimed play, Eclipsed, later this month. The Woolly Mammoth's website offers a brief description of the play:

"The captive wives of a Liberian rebel officer form a hardscrabble sisterhood, their lives set on a nightmarish detour by civil war. With the arrival of a new girl who can read – and the return of an old one who can kill – their possibilities are quickly transformed. Drawing on reserves of wit and compassion, these defiant survivors ask: when the fog of battle lifts, could a different destiny emerge?"

The screening and panel are FREE, but reservations are encouraged at screening@woollymammoth.net as space is limited.

We hope you can join us!

Accountability and the Obama Administration

This article provides a good discussion of the decisions the Obama Administration will need to make in light of comments by Susan J. Crawford, the convening authority for the U.S. military commissions, about the torture by the U.S. military of Guantánamo detainee Mohammed al-Qahtani.

As noted in the article, the prosecution of Charles ("Chuckie") Taylor, Jr. under the U.S. law prohibiting torture was an extremely positive step toward holding torturers accountable. We encourage the Obama Administration to follow the precedent set by the Taylor case and hold all torturers in our borders accountable for their crimes. Mistreatment of fellow human beings by methods that are universally condemned simply cannot be ignored.

PH

U.S. Court Upholds Indictment of Alleged Liberian Torturer Chuckie Taylor, Orders Case to Move Forward

In a victory for torture survivors, the Southern District Court of Florida today upheld the December 2006 indictment against Chuckie Taylor for torture and conspiracy to commit torture. Relying in part on the amicus brief submitted by Human Rights USA on behalf of multiple human rights organizations, the court rejected the defendant’s claims that the criminal prosecution of torturers constitutes a violation of the U.S. Constitution and an improper intrusion on foreign sovereignty. The court denied Taylor’s motion to dismiss and ordered the criminal case against him to move forward.

This decision confirms the long-standing notion that every nation that has ratified the Convention Against Torture – including the United States – is responsible for enacting and enforcing criminal sanctions against torturers, wherever they may be found, and irrespective of where the acts of torture took place.

Chuckie Taylor is the son of former Liberian president Charles Taylor, who is himself currently facing charges of torture, unlawful killings, forced labor, abductions, use of child soldiers, and physical and sexual violence before the Special Court for Sierra Leone. After Charles Taylor, Sr. became President of Liberia in 1997, his son, Chuckie went to work for him as the head of the Liberian Anti-Terrorist Unit (ATU).

The criminal charges filed against Chuckie stem from incidents that took place in 2002, while Chuckie headed the ATU. The specific incidents giving rise to acts of torture include “repeatedly burning the victim's flesh with a hot iron, burning various parts of his body with scalding water, including forcing the victim to hold scalding water in his hands at gunpoint, repeatedly electrically shocking the victim's genitalia and other body parts, and rubbing salt into the victim's wounds.”

This case represents the first time that U.S. prosecutors have sought to hold an individual criminally liable for torture. Taylor was indicted under the Torture Convention Implementation Act (18 U.S.C. §§ 2340-2340A), a 1994 federal statute making it a federal crime to commit, or attempt to commit, torture outside of the United States. Under the TCIA, individuals may be prosecuted if they are either U.S. citizens, or if they are found within the United States, regardless of their nationality. Having been born in the United States, Chuckie’s U.S. citizenship renders him subject to liability under the Act. Taylor was initially captured and detained in Miami in March 2006 for passport fraud.

If found guilty, Chuckie Taylor could be imprisoned for up to 20 years, fined, or both. The maximum sentences allowable under the are a life sentence, or the death penalty when an act of torture results in death.